Understanding Income Tax Concepts

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Questions and Answers

What is the essential characteristic of gross income?

  • It is an inflow of wealth that increases the taxpayer's net worth. (correct)
  • It excludes casual transactions.
  • It decreases the taxpayer's net worth.
  • It is limited to income from employment only.

How is 'taxable income' best defined?

  • Gross income less all deductions, including those not allowed by law.
  • Gross income before any deductions.
  • Gross income less deductions and personal exemptions allowed by law. (correct)
  • Total income without considering exemptions.

What condition must an income meet to be classified as non-taxable?

  • It must be excluded by law or treaty from taxation. (correct)
  • It must be declared to a non-profit organization.
  • It must be less than a certain threshold.
  • It must be reinvested within the same taxable year.

In taxation, what differentiates a 'return of capital' from 'return on capital'?

<p>Return of capital involves the return of investment without gain, while return on capital involves a gain on the investment. (C)</p> Signup and view all the answers

ABC Company purchased goods for $300 and sold them for $500. According to the illustration, what is the return on capital?

<p>$200 (B)</p> Signup and view all the answers

When is a sale considered income for tax purposes?

<p>When the sale exceeds its related costs. (D)</p> Signup and view all the answers

What is a primary characteristic that income must possess to be considered taxable?

<p>There must be a gain or profit. (B)</p> Signup and view all the answers

A realtor purchased a property for ₱1,000,000. At the end of the next year, the property had a market value of ₱1,500,000. Two years later, the realtor sold the property for ₱2,000,000. What is the realized income from the sale?

<p>₱1,000,000 (D)</p> Signup and view all the answers

Which of the following taxpayers is taxed on income earned within the Philippines?

<p>Resident citizen (B)</p> Signup and view all the answers

What is the 'situs of income' fundamentally related to?

<p>The place of taxation of income (D)</p> Signup and view all the answers

Where is the income from royalties typically taxed?

<p>Place where the intangible is employed (B)</p> Signup and view all the answers

For a resident citizen, how are interest income from a foreign bank and professional fees for services rendered in the Philippines taxed?

<p>Both are taxed worldwide. (D)</p> Signup and view all the answers

When determining whether income is taxable, what does 'source' refer to?

<p>The location where the income is earned (B)</p> Signup and view all the answers

Which of the following income is considered derived from within the Philippines?

<p>Compensation for service derived from Philippine source (C)</p> Signup and view all the answers

Under what condition is income earned outside the Philippines taxable?

<p>When the taxpayer is a resident Filipino citizen. (C)</p> Signup and view all the answers

Which type of income is derived from an employer-employee relationship?

<p>Compensation Income (C)</p> Signup and view all the answers

What is generally categorized as passive income?

<p>Royalties (C)</p> Signup and view all the answers

How would compensation typically be received?

<p>Cash, property, service or combination of the three (D)</p> Signup and view all the answers

How is the fair value of property received as payment for income earned, valued?

<p>Fair value of property (D)</p> Signup and view all the answers

What does gross income include, according to Section 32 (A) of the Tax Code?

<p>All income from whatever source, unless exempt by law (A)</p> Signup and view all the answers

Which of the following are included in gross income?

<p>All of the above (D)</p> Signup and view all the answers

What establishes an employer-employee relationship?

<p>The employer can control and direct the employee's means and details of work. (C)</p> Signup and view all the answers

What type of compensation is based on a percentage of total sales?

<p>Commission (A)</p> Signup and view all the answers

If the total amount received is ₱100,000, is thirteenth month pay and other benefits taxable?

<p>Partially taxable (C)</p> Signup and view all the answers

What constitutes a 'business' for tax purposes?

<p>Commercial activity to generate profit (B)</p> Signup and view all the answers

In a merchandising business, how shall 'gross income' be derived?

<p>Gross sales less sales returns, discounts, allowances, and cost of goods sold (C)</p> Signup and view all the answers

Under Section 24(B) of the Tax Code, how are passive income of citizen taxed?

<p>Final tax is imposed upon gross passive income (A)</p> Signup and view all the answers

What condition means the amount or values that are not taxable according to law?

<p>Non-Taxable receipts (D)</p> Signup and view all the answers

If a worker is considered minimum wage earner may also receive income from conduct of trade, business, or practice of profession.

<p>Not exempled, thus, may be subject to income tax (D)</p> Signup and view all the answers

What category does the benefit usually falls when amount is of relatively small value given by the employer to his employees?

<p>De minimis (A)</p> Signup and view all the answers

The employee receiving other benefits exceeding the P90,000 limit shall be on salary, wages and allowances.

<p>Taxable (D)</p> Signup and view all the answers

Ms. Alvarez, single, is employed as supervisor. Her salary during the year is P400,000. For the months ended of the year, she also received 13th month pay and productivity pay amounting of P70,000. How should her income should be treated?

<p>P400,000 is taxable and 70,000 is non-taxable. (D)</p> Signup and view all the answers

A radio station is not allowed of deducting for income tax purposes. Is this correct?

<p>Political contributions (D)</p> Signup and view all the answers

What is the primary factor in determining the tax situs of service income?

<p>The place where the service is rendered (A)</p> Signup and view all the answers

How are dividends income typically treated for tax purposes?

<p>May be exempt from income tax or subject to final tax (B)</p> Signup and view all the answers

Which of these is exempt from income tax?

<p>A gift (D)</p> Signup and view all the answers

Which of the following is an example of a de minimis benefit?

<p>Actual medical assistance not exceeding PHP 10,000 per annum (A)</p> Signup and view all the answers

Flashcards

Gross Income

An inflow of wealth to the taxpayer that increases their net worth.

Taxable Income

Specific gross income items minus legal deductions and personal exemptions.

Non-Taxable Income

Income excluded from taxation by law or treaty, not part of gross income.

Return on Capital

This is wealth flowing to a person versus return of capital.

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Determining Income from Sales

The sale value must exceed related costs.

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Characteristics of Taxable Income: Gain/Profit

Value received exceeds capital invested; gain or profit always exists.

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Characteristics of Taxable Income: Realized

Gain should be realized via cash / constructive receipt of income.

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Situs of Income

The jurisdiction that taxes the income.

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Situs: Rent Income

Location of income taxation is location of the property.

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Situs: Service Income

Location of income taxation is place of service.

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Sources of Income

Governed by the situs of taxation.

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Income Within the Philippines

Earnings from within the Philippine territory are taxable within.

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Income Outside the Philippines

Earnings from outside the Philippines, with conditions for taxation.

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Compensation Income

Gain from labor, ex. salaries and commissions.

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Business Income

Value from profession, business, ex. net income from business

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Passive Income

Income where the taxpayer just waits. Ex. interests, prizes, winnings.

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Capital Gain

Income from sale of assets not used in trade or business.

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Forms of income

Money, property, or services received

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Salary

Pay for regular work, like monthly pay.

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Honoraria

Payment for service where fixed fee is not used

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Allowances

Given in addition to regular compensation

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Commission

Percentage of total sales

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Fees

Payment for service rendered

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Tips and Gratuities

Income given by customer

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Hazard or Emergency Pay

Received due to workers exposure to danger

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Retirement Pay

Lump-sum payment for employees that withdraw from service.

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Separation Pay

Lump-sum payment due to resignation

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Overtime pay

Premium payment for working overtime.

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Non Taxable Compensation Income

Earnings that are excluded as part of gross income

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Profession

Requires specialized training, art, or skill

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Business

A commercial activity is a means to livelihood.

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Minimum Wage Earner

Earned by no other reportable income

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merchandising business

Involves purchase of goods that are then sold to the market

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De minimis benefits

Privileges of relatively small value

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Non-taxable Receipts

The amount the insured receives as a return of the paid premium.

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Rules on de minimis 'Other Benefits'

The excess over prescribed ceiling.

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Study Notes

  • Concepts of Income
  • Students should be able to understand the concept of gross income
  • Students should be able to understand the types of income taxpayers
  • Students should be able to understand the general rules of taxation
  • Students should be able to understand income tax situs rules
  • Gross Income
  • Gross Income is wealth that flows to the taxpayer from any source, increasing net worth.
  • Gross Income includes income from employment, trade, business, professions, properties, regular or casual transactions
  • Taxable Income
  • Taxable income is gross income less deductions and personal exemptions allowed by law.
  • Taxable income includes pertinent items of gross income specified in the Tax Code.
  • Deductions, if any, and/or personal and additional exemptions authorized by the Tax Code also apply.
  • Non-Taxable Income
  • Nontaxable income is excluded from taxation by law or treaty.
  • Nontaxable income does not need to be included in the determination of taxable income.
  • Nontaxable income is not included as part of the gross income.
  • Return on Capital
  • Income is commonly defined as wealth flowing into a person's hand, not a mere RETURN OF CAPITAL.
  • A return of capital is when invested money is returned.
  • A return on capital is when invested money yields a gain.
  • Illustration for Return on Capital
  • ABC purchased goods for P300 and sold them for P500
  • Selling price (total consideration received) is P500, and is the Total return
  • Cost (value of inventory foregone) is P300 capital and is a Return of capital
  • Mark-up (gross income) is P200 and is a Return on capital
  • Sales
  • A sale is not automatically income.
  • To be considered income, the sale must exceed its related costs.
  • Income is not simply receiving cash from sales.
  • Characteristics of Taxable Income
  • To be taxable, income must possess specific characteristics including gain or profit
  • Gain or Profit Characteristics of Taxable Income
  • Receipt of value in cash or its equivalents from service or earnings exceeding invested capital denotes presence of gain or profit.
  • For income to be taxable, there should always be gain or profit.
    • Example:
  • Mark bought a car for P900,000 three years prior. The current value is P360,000. Sells for P500,000
  • Price of the car sold is P500,000
  • The current value of the car is -360,000
  • The Gain from sale of car is P140,000
  • General Rules of Income Taxation
  • Taxable on income earned Within and Without for Resident citizen
  • Taxable on income earned Within only for Non-resident citizen
  • Taxable on income earned Within only for Resident alien
  • Taxable on income earned Within only for Non-resident alien
  • Taxable on income earned Within and Without for Domestic corporation
  • Taxable on income earned Within only for Resident foreign corporation
  • Taxable on income earned Within only for Non-resident foreign corporation
  • Situs of Income
  • Situs of income is where the income is taxed and the jurisdiction imposing the tax.
    • Types of Income place of taxation includes:
  • Rent Income is the location of the property
  • Service Income is where the service is rendered
  • Personal property is where the property is sold
  • Real property is where the property is located
  • Interest Income is the debtor's residence
  • Royalties are where the intangible is employed
  • Income Illustration
    • Illustration of taxable income based on location of income.
  • Interest income from deposits in a foreign bank: P 300,000
  • Interest from domestic bonds: P 50,000
  • Royalties from books published in the Philippines: P 100,000
  • Rent income from properties abroad (the lease contracts were executed in the Philippines): P150,000
  • Professional fees for services rendered in the Philippines to non-resident clients (paid in US Dollars): P 400,000
  • Income Illustration Breakdown
    • Illustration total income breakdown
  • Interest on foreign deposits Without is 300,000
  • Interest from domestic bonds Within is 50,000
  • Royalties from books in the Philippines Within is100,000
  • Rent Income on foreign properties Without is 150,000
  • Professional fees Within is 400,000
  • TOTAL income is 1,000,000
  • TOTAL Within income is 550,000
  • TOTAL Without income is 450,000
  • Sources of Income
  • Income source relates to where it is earned and is governed by taxation situs.
  • This classification determines if it is subject to tax.
    • Income may be earned:
  • Within the Philippines
  • Without (outside) the Philippines
  • Partly within and partly without (outside) the Philippines
  • Income Within the Philippines
  • Income within comprises earnings from within the Philippine territory.
    • Examples:
  • Compensation for labor/service from Philippine source
  • Interest on bonds, notes, deposits earned in the Philippines
  • Dividends from domestic corporations
  • Rentals/royalties from property in the Philippines
  • Gains/profits from sale of real/personal property in the Philippines
  • Usually, income in the Philippines is taxable within
  • Income Outside the Philippines
  • Income outside is earnings from foreign countries.
    • Examples:
  • Compensation for labor or service by overseas contract workers
  • Interest on bonds, notes, deposits earned abroad
  • Dividends from nonresident foreign corporations
  • Rentals/royalties from property outside the Philippines
  • Gains/profits from sale of real/personal property outside the Philippines
  • Generally, income earned outside the Philippines is taxable only for resident Filipino citizens or domestic corporations.
  • Classification of Income
    • Types of income include:
  • Compensation Income
  • Profession or Business Income
  • Passive Income
  • Capital Gain
  • Compensation Income
  • Compensation Income is gain from labor, especially employment such as salaries and commissions.
  • Profession or Business Income
  • Profession or Business Income is value from profession, business, or capital utilization including profit or sale/conversion of assets.
  • Examples include net income from business and gain from the sale of assets used in trade or business.
  • Passive Income
  • Passive Income is when the taxpayer merely awaits the amount to come in.
  • Examples include interest, prizes, and winnings.
  • Capital Gain
  • Capital Gain is income from the sale of assets not used in trade or business.
  • Examples include the sale of family homes and other capital assets.
  • Forms and Valuation of Income
  • Income can be in cash, property, service, or a combination.
  • Cash Income
  • Cash income is money or substitutes for compensation or earnings from labor, profession etc.
  • Bills, coins, bank drafts, money orders, and treasury warrants are examples of cash income.
  • Property Income
  • Property income denotes ownership of a tangible or intangible thing earned by labor, business, or profession.
  • Real estate, stocks, and bonds are examples.
  • Service Income
  • Service income is reward for work rendered
  • General Taxable Income Valuation
  • Cash is the amount received for income earned.
  • Property is the fair value for income earned.
  • Service is the fair value received for income earned.
  • Gross Compensation Income
  • Gross compensation income includes all income sources defined by Section 32(A) of the Tax Code.
    • This includes the following items:
  • Compensation for services
  • Gross income from trade/business/profession
  • Gains from property dealings, interests, rents, royalties, dividends, annuities, prizes/winnings, pensions
  • Partners' distributive share from net income of general professional partnership
  • Gross Compensation Income Defined
  • Gross compensation income is remuneration for personal services.
  • Compensation income usually comes from an employer-employee relationship
  • Income earned by a cashier or bank teller are examples of compensation income.
  • Employer-Employee Relationship Characteristics
  • An employer-employee relationship exists when the service receiver controls the work done, not just the result.
  • This control extends to details and means to do that work.
  • Classification of Gross Compensation Income
    • Types of compensation can be:
  • Basic salary/wage
  • Honoraria
  • Fixed/variable allowances
  • Commission
  • Fees
  • Tips and gratuities
  • Hazard/emergency pay
  • Retirement pay
  • Separation pay
  • Pension
  • Thirteenth month pay/other benefits
  • Fringe benefits and de minimis
  • Overtime pay
  • Basic salary/wage characteristics
  • Salary refers to earnings periodically received for regular work other than manual labor like a monthly salary.
  • Wages are earnings after specified intervals such as by the hour, day, or week.
  • A carpenter's daily wage is an example.
  • Honoraria Compensation income
  • Honoraria is payment for services where practice discourages set fee such as a guest lecturer.
  • Fixed or variable allowances Compensation income
  • These allowances are for public officers or employees combined with regular compensation.
  • PERA is an example for government employees.
  • Commission Compensation income
  • Commission is a percentage of total sales or sales quota attained as incentive
  • Fees Compensation income
  • Fees are received by employees for services rendered, including director's fees or fees paid to clerks of court/sheriffs
  • Tips and Gratuities Compensation income
  • Income given by customers to an employee for serving them.
  • Hazard or emergency pay Compensation income
  • Additional payment for workers exposed to danger while working.
  • Normally added to the basic salary together with the overtime pay and night differential pay.
  • Retirement pay Compensation income
  • Lump sum payment received by an employee who has served a company and has decided to withdraw from work.
  • Separation pay Compensation income
  • Lump sum payment received by an employee who decided to resign from his work.
  • Taxable if voluntary resignation, nontaxable if involuntary.
  • Pension Compensation income
  • Stated allowance paid regularly to a person on retirement or to dependents on death, for past services/meritorious work/age/loss/injury.
  • Thirteenth month pay and other benefits Compensation income
  • As a rule, thirteenth month pay and other benefits are not taxable if the total amount received is P90,000 or less
  • Any amount exceeding P90,000 is taxable.
  • Fringe benefits and de minimis Compensation income
  • Goods, service or other benefit furnished or granted by an employer, in cash or in kind, in addition to basic salaries.
  • Overtime pay Compensation income
  • Premium payment received for working beyond regular hours and included in gross salary computation.
  • Gross Income from Business and Profession
  • Business is a commercial activity for livelihood/profit and includes trading, merchandising, manufacturing, etc.
  • Tax Purposes For Profession
  • Profession is work needing specialized training in learning, art, or science for livelihood and profit.
  • A practice of profession is a service business like CPAs, Lawyers, or Doctors.
  • Gross income from business classification
    • The gross income from business includes:
  • Manufacturing
  • Merchandising or Trading
  • Servicing
  • Farming
  • Long Term Contract
  • This lesson will focus on Manufacturing, Merchandising and Servicing business
  • Service and Gross Income Defined
  • In the case of taxpayers engaged in the sale of service, GROSS INCOME is based on gross receipts less returns, allowances and discounts
    • The formula for gross income of a service type of business is:
  • "Gross receipts Less: Returns, Discounts Allowances Cost of services"
  • Passive Income
  • A final tax is imposed upon gross passive income of citizens and resident aliens as describedUnder Section 24(B) of the Tax Code
  • If the taxpayer merely waits for it to be realized, an income is considered passive.
    • Examples include:
  • Interest income
  • Royalty income
  • Dividend income
  • Prizes and winnings
  • ITR
  • Once a passive income has been subjected to final tax, it is no longer included in the ITR taxable income
  • The Interest Income
  • If you are depositing or lending money, goods or credits then it is referred to as an earning interest income.
  • Interest income received by the taxpayer, whether or not usurious, is subject to income tax, unless exempted by law,
  • Royalties
  • Proceeds royalty income is the payment of portion to the owner, such as an oil right
  • The work of an author or composer might be a portion of the proceeds for the use of its patent.
  • There are two classifications which may classify follows:
  • Royalty Income classification
  • In general, royalty income includes those which are derived from natural resources or products such as coal, gas, oil, copper, silver, gold and other similar products and which are subject to 20% final tax
  • Royalty income on books, literary works and musical composition are subject to 10% final tax.
  • Dividend Income
  • Dividend income is a form of earnings derived from the distribution made by a corporation out of its earnings or profits and payable to its stockholders, whether in money or in other property.
  • Such earnings may be exempt from income tax, or subject to either final tax or on the normal year end tax of individuals or corporations.
  • Prizes and Winnings
  • A prize is a reward for a contest or a competition and represents remuneration for an effort such as prize money of a boxing contest.
  • Winning defined
  • A winning is a reward for an event that depends on chance such as winnings from gambling, lottery or raffle ticket.
  • Prizes and winnings are generally taxable except when the law provides for their exemption.
  • New Passive Income Tax rates include...
    • New passive income tax rates:
  • PCSO and lotto winnings exceeding PHP10,000 of citizens and resident aliens which is 20%
  • Interest income on FCDU deposits that are citizens, resident aliens, and domestic corporations which is 15%
  • Capital Gains Tax (CGT) on sale of unlisted shares by citizens, resident aliens, non-resident aliens, and domestic corporations which is 15%
  • Escalations include...
  • Exempt the 13th-month pay and other benefits to PHP90,000
  • Fringe benefits tax rate increased to 35%
  • Deletions include...
  • Personal and additional exemptions
  • Deductions for premiums paid on health and/or hospitalization insurance
  • Exemption of PCSO from corporate income tax
  • Exclusion from Gross Income
  • Exclusion pertains to items/receipts not in taxable income calculation as law/treaty deems them exempt.
  • They are generally "nontaxable."
  • Nontaxable Compensation Income
  • Nontaxable compensation refers to earnings compensation-based, but law excludes for taxation.
  • Specifically, include earnings from MWEs with no other reportable income.
  • Compensation and/or business income earned outside the Philippines by a Filipino Overseas Contract Worker, nonresident Filipino Citizen, resident alien and foreign corporation.
  • 13th month pay, bonuses and other benefits not exceeding P90,000 per year
  • De minimis benefits within the prescribed ceiling.
  • Compensation received under employer's convenience benefit rule.
  • Proceeds of life insurance policies paid to heirs upon death.
  • Amount from accident/health insurance or under Workmen's Compensation Act for injuries/sickness and/or damages received through suit/agreement based on injuries/sickness.
  • Retirement benefits under RA 7641 and those received by officials and employees of private firms, whether individual or corporate, in accordance with a reasonable prive plan maintained by the employer.
  • Conditions which must be met; Official has been employed for over 10 years, the official is at least 50 years old and has not previously availed for these benefits.
  • Separation payment due to circumstance.
  • Any amount received from employee because of death, sickness, or physical disability
  • Social security benefit
  • Benefits from SSS or GSIS
  • Stipends and allowances not included in the salaries.
  • NT Other Receipts (non-taxable)
  • These are receipts other than compensation and are non-taxable according to law.
  • The insured's return of premium payments. The value of property by gift, bequest, devise, or descent.
  • Income of any kind required by treaty obligation binding upon the Government of the Philippines.
  • US Veteran Affairs Payment of benefits
  • Investments in Philippine loans, stocks, bonds, or domestic securities, interest from deposits in banks to: Foreign governments, financing institutions or international or regional financial institutions established by foreign government
  • Statutory Minimum Wage Earner
  • Statutory Minimum Wage Board will decide on the rate to be fixed by the Regional Tripartite Board of the Department of Labor and Employment.
  • As mandated by R.A. 9504, any private/ publicly who is being paid the SMW will be excempt from income and not subject to witholding tax. The tax exmption includes holiday, overtime, night shift differential and hazard pay earned by the aforementioned MWEs.
  • An employee with additional compensation such as commissions, honoraria, fringe benefits, benefits in excess of the allowable statutory amount of P90,000, taxable allowances and other taxable income other than the SMW, holiday pay, overtime pay, night shift differential pay and hazard pay shall not enjoy the privilege of being a MWE/ exmpt from income tax.
  • Overtime, shiftdiff and hazard pay subject to witholding tax.
  • 13th Month
  • 13th month pay, bonuses and other benefits not exceeding P90,000 are tax-exempt
  • De Minimis
  • "de minimis" benefits are privileges of relatively small value given by the employer to his employees and are not subject to income tax
    • Privileges include:
  • Monetized unused vacation leave credits of private employees not exceeding 10 days during the year
  • Monetized value of vacation and sick leave credits to government officials and employees
  • Medical cash allowance to dependents of employees not exceeding P750 per employee per semester or P125 per month
  • Rice subsidy of P1,500 or 1 sack of 50-kg rice per month amounting to not more than P1,500
  • Uniforms and clothing allowance not exceeding P5,000 per annum
  • Actual medical assistance, e.g. medical allowance to cover medical and health care needs, annual medical/executive check-up, maternity assistance, and routine consultations, not exceeding P10,000 per annum
  • Laundry allowance not exceeding P300 per month
  • Employees achievement awards, e.g. for length of service or safety achievement, tangible personal property other than cash or gift certificate that is not exceeding P10,000 by value
  • Gifts given during Christmas or major anniversary celebrations not exceeding P5,000 per employee Daily meal allowance for overtime work that is not exceeding 25% of the basic minimum wages.
  • Rules on 'De Minimis' as it Relates to Other Benefits
  • The 'de minimis' conforming to ceiling won't be considered in determination of the P90k ceiling with exception from gross income.
  • Excess de minimis over prescribed ceilings can be part of other benefits not subject to tax if that amount is below the P90k combined.
  • De minimis is not absorbed by the excess of P90k and 13th month is subject to income tax on compensation.
  • Benefits over P90k will then also be taxed along with the rest, and thus are just like any other employee receiving compensation from SMW.

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