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Philippine Bar review · Question

Practice question: Active vs. Passive Income

Multiple Choice Hard

Practice question

A resident citizen receives two Philippine-source royalty streams in 2026: passive royalties from a book and passive royalties from licensing a patent. Both fall under Section 24(B)(5); no special exemption applies. He applies the book rate to both because both are intellectual property. Which treatment follows the amended text?
  1. Both are necessarily exempt
  2. Both must be taxed at 10% because all intellectual property is literary
  3. The book royalties are subject to 10%, while the stipulated passive patent royalties fall under the general 20% royalty rate
  4. Both must be included as active shop sales regardless of the stipulated facts
  5. The taxpayer may elect either rate for either stream

Legal references

  • NIRC Sections 22(MM) and 24(B), as amended by RA 12214, Sections 3-4: https://lawphil.net/statutes/repacts/ra2025/ra_12214_2025.html

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