2010 Taxation Law, Q17

In 2009, Caruso, a resident Filipino citizen, received dividend income from a U.S.-based corporation which owns a chain of Filipino restaurants in the West Coast, U.S.A. The dividend remitted to Caruso is subject to U.S. withholding tax with respect to a non-resident alien like Caruso.
What will be your advice to Caruso in order to lessen the impact of possible double taxation on the same income? (3%)
Would your answer in A. be the same if Caruso became a U.S. immigrant in 2008 and had become a non-resident Filipino citizen? Explain the difference in treatment for Philippine income tax purposes. (3%)

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How may a resident Filipino citizen lessen the impact of double taxation on foreign dividend income subject to foreign withholding tax?

Which tax principle governs the income taxation of a resident Filipino citizen under Section 23 of the NIRC?

What is the Philippine income tax treatment of foreign dividend income received by a non-resident Filipino citizen?

Under Section 34(C) of the Tax Code, what election is available to a resident citizen paying foreign income taxes?

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Where is dividend income issued by a U.S. corporation operating exclusively in the United States deemed sourced for tax purposes?

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1. Foreign Tax Credit
Under Section 34(C) of the National Internal Revenue Code, a resident citizen taxed on worldwide income who pays income tax to a foreign country may claim a foreign tax credit against his Philippine income tax liability. Alternatively, the taxpayer may elect to claim the foreign income tax paid as an itemized deduction from gross income to reduce double taxation.

2. Worldwide Income Principle
Resident citizens of the Philippines are taxable on all income derived from sources within and without the Philippines under Section 23 of the Tax Code. Consequently, foreign-sourced dividend income received by a resident citizen from a foreign corporation forms part of his taxable gross income subject to Philippine income tax.

3. Non-Resident Citizen Exemption
Non-resident citizens are taxable only on income derived from sources within the Philippines pursuant to Section 23 of the Tax Code. Dividend income received from a foreign corporation that operates entirely outside the Philippines constitutes income from sources without the Philippines, rendering such income completely exempt from Philippine income tax for a non-resident citizen.

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The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

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Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026