Compensation Income (Notes)
Compensation Income (Notes)
Compensation Income (Notes)
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DE MINIMIS BENEFITS
De minimis benefits within statutory ceilings are NOT subject to income tax as well as to
withholding tax on compensation income of both managerial and rank-and-file
employees. When given to employees, no deduction for taxes will be made by the
employer; thus, the employee profits from the whole amount of the benefit.
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The total monetary
value received from
Benefits received by an employee
both CBA and
by virtue of a Collective Bargaining
productivity incentive --- same ---
Agreement (CBA) and productivity
schemes combined do
incentive schemes
not exceed P 10,000
per year.
Note that the implementing rules of the TRAIN Law increased certain benefits on the list.
The medical cash allowance increased from P 750 to P 1,500 per semester; the rice
subsidy increased from P 1,500 to P 2,000 per month; and the clothing allowance was
increased from P 4,000 to P 6,000 per annum.
It is also worth mentioning that any amount of de minimis benefits in excess of the threshold
can still be exempt as “other benefits,” together with the employees’ 13th month pay, but
not to exceed P 90,000 (under the NIRC, the exemption ceiling is P 82,000). Thus, providing
de minimis benefits can also be a way of fully exhausting the P 90,000 tax exemption.
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FRINGE BENEFITS
Revenue Regulations (RR) No. 8-2018 defines “fringe benefits” to mean any good, service or
other benefit granted in cash or in kind, other than the basic compensation, by an employer to
an individual employee, such as, but not limited to housing; expense accounts; vehicles;
household personnel (maid, driver); interest on loans at less than market rate; club membership
fees; expenses for foreign travel; holiday and vacation expenses; education assistance; and life
or health insurance and other non-life insurance premiums.
As fringe benefits are helpful in increasing employees’ productivity, they are generally
considered by employers as ordinary and necessary trade, business or professional expenses.
However, for fringe benefit expenses to be allowed as a deduction, it is necessary for
employers to pay the fringe benefit tax (FBT).
Payment of the FBT is the responsibility of the employer, the rate of which is at 35 percent on
the grossed-up monetary value (GMV) of the fringe benefits granted to an employee.
The GMV, on the other hand, is determined by dividing the actual monetary value of the
fringe benefit by 65 percent.
To illustrate, Mr. Z is a Filipino Executive Vice President of ABC Inc., a local advertising
company. Apart from his basic salary, the company pays for the monthly wages of Mr. Z’s driver
at P 10,000. How much is the FBT that ABC Inc. is liable for each month?
Note that in computing for the GMV, the 65 percent divisor may actually vary, depending on the
applicable tax rate of the individual granted the fringe benefit.
In the previous example, if we were to assume that Mr. Z is a non-resident alien not engaged
in trade or business in the Philippines, the FBT will be computed as follows:
GMV = actual monetary value of the fringe benefit divided by 75 percent (100 percent less 25
percent)
GMV = P 10,000.00 / 75 percent = P 13,333.33
FBT = 25 percent X GMV
FBT = 25 percent X P 13,333.33 = P 3,333.33
Note that under the Tax Code, the income tax rate for a non-resident alien not engaged in trade
or business in the Philippines is 25 percent (final tax).
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Fringe Benefits of Rank-and-File Employee
Fringe benefits to rank-and-file employees are not taxable with fringe benefit tax, but instead are
taxable as compensation income subject to normal income tax rate.
Housing
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Motor Vehicle
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