Tag Archives: taxation

Are gains from US equity feeder funds taxable by the BIR?

I previously wrote about the lack of information on how the Philippine Bureau of Internal Revenue taxes foreign capital gains, dividends, and interest income. We know that the U.S. imposes a final withholding tax of 25% and 15% on dividend and interest income, respectively for Philippine residents based on the U.S.-Philippines tax treaty. On the other hand, capital gains received by non-resident aliens are not taxed by the U.S.

The BIR has no published rule that sets an explicit final tax rate on foreign capital gains income. Local stock market sales are taxed based on the gross sales amount. Capital gains on shares on unlisted domestic corporations are taxed at 15%. The going assumption then is that any income not subject to an explicit final tax rate is subject to the graduated personal income tax rates.

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How are foreign capital gains taxed in the Philippines?

I previously discussed how the US taxes dividends and interest income of non-resident aliens investing in the US stock market. In summary, 15% tax is withheld from interest income, 25% tax is withheld from dividend income, while no taxes are withheld from capital gains.

(NOTE: Check out the post – More questions on Philippine taxation of foreign capital gains and dividends – for my most recent thoughts on this topic.)

But how does the Bureau of Internal Revenue (BIR) in the Philippines tax these types of income? The short answer is: It’s not clear. The long answer is as follows:

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Investing in the US from the Philippines as non-resident alien: IRS tax issues

When you open an online trading account in a U.S. brokerage account like Charles Schwab or TD Ameritrade, and you’re not an American citizen, you don’t have a green card, and you don’t live in the U.S., you’re generally classified as a non-resident alien by the Internal Revenue Service (IRS) of the U.S. Even as a non-resident alien, some or all of your income from your trading account may still be subject to taxes by the U.S.

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Tax-loss harvesting in the Philippine stock market?

In the US, losses incurred from selling stocks from losing investments can be used to lower capital gains from winning trades.Short-term capital gains are taxed as though they are ordinary income which is taxed based on a progressive tax table. Near the end of the year, if you already have realized some gains (that you’ll have to pay taxes on) and are still holding on to some losing positions, you may decide to cut your losses and sell your losing stock positions. This will allow you to harvest losses to offset some of your gains, thereby reducing taxes that you’ll have to pay. If you don’t have any gains to offset, you can also reduce your ordinary income (wages, etc.) by up to $3,000 of your losses. In a way, this may encourage you to stop holding to that losing stock and cut your losses, and also reduce your tax bill. On the other hand, the stock might recover and you’ll miss out on it. You’re not allowed to buy the stock again within 30 days of selling it, and still be able to harvest the loss, because of wash sale rules.

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