TITLE II — TAX ON INCOME
CHAPTER I. — DEFINITIONS
SEC. 22. Definitions. — When used in this Title:
(A)
The term ‘person’ means an individual, a trust, estate, or corporation.
(B)
The term ‘corporation’ shall include partnerships, no matter how
created or organized, joint-stock companies, joint accounts (cuentas en
participacion), associations, or insurance companies, but does not include
general professional partnerships and a joint venture or consortium
formed for the purpose of undertaking construction projects or engaging
in petroleum, coal, geothermal and other energy operations pursuant to
an operating or consortium agreement under a service contract with the
Government. ‘General professional partnerships’ are partnerships formed
by persons for the sole purpose of exercising their common profession,
no part of the income of which is derived from engaging in any trade or
business.
(C)
The term ‘domestic’, when applied to a corporation, means created or
organized in the Philippines or under its laws.
(D)
The term ‘foreign’, when applied to a corporation, means a corporation
which is not domestic.
(E)
The term ‘nonresident citizen’ means:
(1) A citizen of the Philippines who establishes to the satisfaction of the
Commissioner the fact of his physical presence abroad with a definite
intention to reside therein.
(2) A citizen of the Philippines who leaves the Philippines during
the taxable year to reside abroad, either as an immigrant or for
employment on a permanent basis.
(3) A citizen of the Philippines who works and derives income from
abroad and whose employment thereat requires him to be physically
present abroad most of the time during the taxable year.
(4) A citizen who has been previously considered as nonresident citizen
and who arrives in the Philippines at any time during the taxable
year to reside permanently in the Philippines shall likewise be treated
as a nonresident citizen for the taxable year in which he arrives in the
National Internal Revenue Code of 1997 (as amended by the TRAIN Law, RAs 11256, 11346 and 11467)
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