Update on Recent Increase in Tax Exemption for Individuals
Transcription
Update on Recent Increase in Tax Exemption for Individuals
This document is circulated for the participants of the 7th ECOP MGM and should NOT be used for commercial presentation purposes partially or in its entirety without EXPRESSED permission from the Author Atty. Priscilla Valer or HRManagement & Business Solutions Inc. Update on Recent Increase in Tax Exemption for Individuals Atty. Priscilla B. Valer Partner Republic Act No. 10653: An act adjusting the 13th month pay and other benefits ceiling excluded from the computation of gross income for purposes of income taxation. Effectivity: • 15 days following its publication in at least 2 newspapers of general circulation • Published on 14 February 2015 in Philippine Star and Manila Bulletin • Effective date: 2 March 2015. Rules and Regulations: • Secretary of Finance issued Revenue Regulations No. 32015 dated March 9, 2015. • Revenue Regulations No. 3-2015 was published on March 16, 2015 in Manila Bulletin. • The increased 82K tax exempt ceiling shall apply to the 13th month pay other benefits paid or accrued beginning January 1, 2015. Salient Amendments: • Increase tax exempt ceiling of 13th month pay and other benefits from P30,000 to P82,000. • President will adjust the ceiling every 3 years based on CPI. Comparison: Old Section 32 (B)(7)(e) Section 32 (B)(7)(e), as Amended by RA 10653 "(e) 13th Month Pay and Other Benefits. — Gross benefits received by officials and employees of public and private entities: Provided, however, That the total exclusion under this subparagraph shall not exceed Thirty thousand pesos (P30,000) which shall cover: “(e) 13th Month Pay and Other Benefits. — Gross benefits received by officials and employees of public and private entities: Provided, however, That the total exclusion under this subparagraph shall not exceed EIGHTY TWO THOUSAND PESOS (P82,000) which shall cover: "xxx “xxx "(iv) Other benefits such as productivity incentives and Christmas bonus: Provided, further, That the ceiling of Thirty thousand pesos (P30,000) may be increased through rules and regulations issued by the Secretary of Finance, upon recommendation of the Commissioner, after considering, among others, the effect on the same of the inflation rate at the end of the taxable year.” (iv) Other benefits such as productivity incentives and Christmas bonus: Provided, That EVERY THREE (3) YEARS AFTER THE EFFECTIVITY OF THIS ACT, THE PRESIDENT OF THE PHILIPPINES SHALL ADJUS THE AMOUNT HEREIN STATED TO ITS PRESENT VALUE USING THE CONSUMER PRICE INDEX (CPI), AS PUBLISHED BY THE NATIONAL STATISTICS OFFICE (NSO).” Benefits subject to 82k ceiling Tax exempt benefits not covered by the 82k ceiling Taxable compensation not covered by 82K ceiling 13th month pay Basic salary Other bonuses 14th month Other allowances Productivity bonus Discretionary bonus Longevity pay Excess value of de minimis benefits [Unnumbered Ruling No. DA-(ECB-006)-147-09] De minimis benefits conforming to the ceiling set under RR 5-11 13th month pay and other benefits (regardless of amount) received on account of involuntary separation (BIR Ruling No. 135-14) De minimis benefits under Revenue Regulations (RR) No. 5-11 "The following shall be considered as "de minimis" benefits not subject to income tax as well as withholding tax on compensation income of both managerial and rank and file employees: a) Monetized unused vacation leave credits of private employees not exceeding ten (10) days during the year; b) Monetized value of vacation and sick leave credits paid to government officials and employees; c) Medical cash allowance to dependents of employees, not exceeding P750 per employee per semester or P125 per month; d) Rice subsidy of P1,500 or one (1) sack of 50 kg. rice per month amounting to not more than P1,500; e) Uniform and Clothing allowance not exceeding P5,000 per annum (as amended by RR 812); f) Actual medical assistance, e.g., medical allowance to cover medical and healthcare needs, annual medical/executive check-up, maternity assistance, and routine consultations, not exceeding P10,000.00 per annum; g) Laundry allowance not exceeding P300 per month; h) Employees achievement awards, e.g., for length of service or safety achievement, which must be in the form of a tangible personal property other than cash or gift certificate, with an annual monetary value not exceeding P10,000 received by the employee under an established written plan which does not discriminate in favor of highly paid employees; i) Gifts given during Christmas and major anniversary celebrations not exceeding P5,000 per employee per annum; j) Daily meal allowance for overtime work and night/graveyard shift not exceeding twentyfive percent (25%) of the basic minimum wage on a per region basis; "All other benefits given by employers which are not included in the above enumeration shall not be considered as "de minimis" benefits, and hence, shall be subject to income tax as well as withholding tax on compensation income." 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