Title II — TAX ON INCOME
capital gains tax imposed under this Subsection: Provided, That the
historical cost or adjusted basis of the real property sold or disposed
shall be carried over to the new principal residence built or acquired:
Provided, further, That the Commissioner shall have been duly
notified by the taxpayer within thirty (30) days from the date of sale
or disposition through a prescribed return of his intention to avail of
the tax exemption herein mentioned: Provided, still further, That the
said tax exemption can only be availed of once every ten (10) years:
Provided, finally, That if there is no full utilization of the proceeds of
sale or disposition, the portion of the gain presumed to have been
realized from the sale or disposition shall be subject to capital gains
tax. For this purpose, the gross selling price or fair market value at
the time of sale, whichever is higher, shall be multiplied by a fraction
which the unutilized amount bears to the gross selling price in
order to determine the taxable portion and the tax prescribed under
paragraph (1) of this Subsection shall be imposed thereon.
SEC. 25. Tax on Nonresident Alien Individual. —
(A)
Nonresident Alien Engaged in Trade or Business Within the
Philippines
(1) In General. — A nonresident alien individual engaged in trade or
business in the Philippines shall be subject to an income tax in the
same manner as an individual citizen and a resident alien individual,
on taxable income received from all sources within the Philippines.
A nonresident alien individual who shall come to the Philippines and
stay therein for an aggregate period of more than one hundred eighty
(180) days during any calendar year shall be deemed a ‘nonresident
alien doing business in the Philippines’, Section 22(G) of this Code
notwithstanding.
(2) Cash and/or Property Dividends from a Domestic Corporation or
Joint Stock Company, or Insurance or Mutual Fund Company or
Regional Operating Headquarter of Multinational Company, or Share
in the Distributable Net Income of a Partnership (Except a General
Professional Partnership), Joint Account, Joint Venture Taxable as
a Corporation or Association, Interests, Royalties, Prizes, and Other
Winnings. — Cash and/or property dividends from a domestic
corporation, or from a joint stock company, or from an insurance or
mutual fund company or from a regional operating headquarter of
multinational company, or the share of a nonresident alien individual
in the distributable net income after tax of a partnership (except a
general professional partnership) of which he is a partner, or the
National Internal Revenue Code of 1997 (as amended by the TRAIN Law, RAs 11256, 11346 and 11467)
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