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Philippine Bar review · Question

Practice question: Criteria in Imposing Income Tax

Multiple Choice Hard

Practice question

One spouse is a qualifying nonresident Filipino citizen and the other a Philippine resident citizen. Each earns separate stipulated foreign-source income attributable solely to that spouse. They argue marriage alone forces identical Section23 source coverage. No treaty or special exception applies. Which is best?
  1. Marriage automatically converts both into foreign corporations.
  2. The separate established citizenship/residence classifications remain relevant; marriage alone does not erase their different general source rules.
  3. Every married couple is necessarily nonresident for income-tax purposes.
  4. Only the spouse with the larger bank balance determines both classifications.
  5. All spouses always have identical worldwide coverage regardless of their legal status.

Legal references

  • NIRC, Sections 5-7,22-23 and32, as enacted in RA8424 and subject to the cited later amendments: https://lawphil.net/statutes/repacts/ra1997/ra_8424_1997.html
  • RA12214, May29,2025, CMEPA, including amended NIRC Sections22,25 and32: https://lawphil.net/statutes/repacts/ra2025/ra_12214_2025.html
  • RA12066, CREATE MORE, Section3 amending NIRC32(B)(5) treaty exclusions: https://lawphil.net/statutes/repacts/ra2024/ra_12066_2024.html

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