Title II — TAX ON INCOME
shall be allowed as a deduction (in addition to the contributions to such
trust during the taxable year to cover the pension liability accruing during
the year, allowed as a deduction under Subsection (A)(1) of this Section)
a reasonable amount transferred or paid into such trust during the taxable
year in excess of such contributions, but only if such amount: (1) has not
theretofore been allowed as a deduction, and (2) is apportioned in equal
parts over a period of ten (10) consecutive years beginning with the year
in which the transfer or payment is made.
(K)
Additional Requirements for Deductibility of Certain Payments.
— Any amount paid or payable which is otherwise deductible from, or
taken into account in computing gross income or for which depreciation
or amortization may be allowed under this Section, shall be allowed as
a deduction only if it is shown that the tax required to be deducted and
withheld therefrom has been paid to the Bureau of Internal Revenue in
accordance with this Section, Sections 58 and 81 of this Code.
(L)
Optional Standard Deduction. — In lieu of the deductions allowed
under the preceding Subsections, an individual subject to tax under
Section 24, other than a nonresident alien, may elect a standard
deduction in an amount not exceeding forty percent (40%) of his gross
sales or gross receipts, as the case may be. In the case of a corporation
subject to tax under Sections 27(A) and 28(A)(1), it may elect a standard
deduction in an amount not exceeding forty percent (40%) of its gross
income as defined in Section 32 of this Code. Unless the taxpayer signifies
in his return his intention to elect the optional standard deduction,
he shall be considered as having availed himself of the deductions
allowed in the preceding Subsections. Such election when made in the
return shall be irrevocable for the taxable year for which the return is
made: Provided, That an individual who is entitled to and claimed for
the optional standard deduction shall not be required to submit with
his tax return such financial statements otherwise required under this
Code: Provided, further, That a general professional partnership and the
partners comprising such partnership may avail of the optional standard
deduction only once, either by the general professional partnership or
the partners comprising the partnership:24 Provided, finally, That except
when the Commissioner otherwise permits, the said individual shall
keep such records pertaining to his gross sales or gross receipts, or the
said corporation shall keep such records pertaining to his gross income
as defined in Section 32 of this Code during the taxable year, as may be
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Introduced by Section 11 of the TRAIN Law.
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