Chapter 10 v2
Chapter 10 v2
Chapter 10 v2
Discussion
Tax classification of fringe benefits
Under current tax rules items of fringe benefits are divided among the three classes of gross taxable compensation
income while some are exempt from income tax:
For example:
a. Fringe benefits that are fixed every payroll period are considered regular compensation.
For example: Fixed transportation allowance
b. Fringe benefits that are variable and performance-based are considered supplemental compensation.
For example: commission, profit sharing and overtime pay
c. Fringe benefits in the form of incentives are considered 13th month pay and other benefits.
d. Fringe benefits furnished for the employer’s convenience or necessity are exempt from income tax.
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1. For rank and file employees – included as “other benefits“ under “13th month pay and other benefits”
2. For managerial and supervisory employees – in excluded compensation income and are subjected to final
fringe benefit tax
For purposes of the fringe benefit tax, RR3-98 clarifies that taxable fringe benefits exclude those items considered as
compensation income.
In practice, the boundary between fringe subject to final tax and compensation income subject to regular tax
sometimes overlaps.
Based on past rulings, however, the BIR seemed to maintain to view that performance-based benefits are
compensation income while benefits in the nature of incentive or perks are fringe benefits.
Illustration
Mr. Lakewood, a managerial expatriate employee, was granted by his employer a P30, 000 monthly housing
allowance in addition to his regular salary. The actual monthly rent of Mr. Lakewood’s residence is P25, 000.
The P25, 000 personal expenses assumed by the employer constitutes a taxable fringe benefit subject to fringe
benefit tax. The monthly fixed P5, 000 excess is taxable additional compensation. (BIR Ruling No. 512-2011)
Hybrid expenses
When the employer incurs expenses which is purported partly for business and partly for employee’s incentive, only
50% of the expenses representing the employee incentive is subject to the fringe benefit tax.
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Illustration 1
The University of Ramon pays for the P50,000 monthly rental of the residential unit of its President.
The amount of taxable fringe benefits shall be P25,000 computed as 50% x P50,000.
Illustration 2
A manufacturer and distributor of consumer products all over the Philippines leases cars and other vehicles for the
use of its employee. The company requires employees to share at least 40% of the monthly rental deductible through
their payroll while the company books the 60% as rent expense.
The BIR opined that only 10% of the monthly rental is taxable as fringe benefit since employees shouldered 40% of
their 50% counterpart. (BIR Ruling No. 009-2000)
Exempt fringe benefits
The following fringe benefits are exempt from the fringe benefit tax:
1. Fringe benefits which are authorized and exempted from tax under special laws
Examples: Employer’s contribution to SSS PhilHealth, HDMF or group insurance
2. Benefits required by the nature of, or necessary to the trade, business or profession of the employer
3. Benefits given for the convenience or advantage of the employer
4. Contributions of the employer for the benefit of the employee to retirement, insurance and hospitalization
benefit plans
5. Benefit given to rank and file employees whether or not granted under a collective bargaining agreement
6. De minimis benefits within their legal limits
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For the purposes of the fringe benefit tax, fringe benefit means any good, service, or other benefits furnished or
granted in cash or in kind by the employer to individual employees(except rank and file employees) such as, but not
limited to, the following:
1. Housing benefits
2. Expense account
3. Vehicles of any kind
4. Household personnel, such as maid, driver or others
5. Interest, for the difference between the market rate (12%) and the actual interest granted
6. Membership fees, dues and other expenses borne by the employer for the employee in social and athletic
clubs or other similar organizations
7. Expense for foreign travel
8. Holiday and vacation expenses
9. Educational assistance to the employee or his dependents
10. Life or health and other non-life insurance premiums or similar accounts in excess of what the law allows
Monetary value refers to the taxable amount of benefits taken home or realized by the managerial or supervisory
employee. The monetary value is presumed net of the final tax.
2. Determine the gross-up rate and fringe benefit tax rate applicable for the taxpayer.
The gross-up rate is complement of the fringe benefit tax rate. If the fringe benefit tax rate is 35% the gross-up rate
is (100% less 35%) or 65%. If the fringe benefit tax rate is 25%, the gross-up rate is 75%.
3. Determine the gross-up monetary value by dividing the monetary value by the gross-up rate.
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4. Determine the fringe benefit tax by multiplying the fringe benefit tax rate to the gross-up monetary
value.
2. When benefit is given in kind, the monetary value is the fair value of the thing give unless its book value is
higher. Book value is the cost less any provision for depreciation for depreciable properties.
Simply stated, the monetary value is the fair value or the book value of the ting given, whichever is higher.
When ownership over the property is transferred to the employee, the monetary value is the entire fair value of the
property even if the property is partially used in the business of the employer.
3. When the benefit is given in the form of free use of the employer’s property, the monetary value is 50% of
the rental value of the property. If the property has no rental value, the depreciation value is used.
For purposes of the depreciation value, the presumptive useful lives of the property are:
a. 20 years for real properties.
Hence, the depreciation value is computed as 1/20 or 5% of the value of the property.
b. 5 years for movable properties.
Hence, the depreciation value is computed as 1/5 or 20% of the value of the property.
Since the fringe benefit tax is paid quarterly, the valuation and reporting of monetary value is also done quarterly. In
case of use of employer properties, the reporting of monetary value cases from the month the free use is
discontinued.
In quarterly reporting for the fringe benefit tax, the quarterly monetary value is determined by dividing the annual
value by 4.
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Illustration
A sole proprietorship business leases a residential house and lot for the use of his business manager for
P20,000/month.
1. Employer owns a residential property and assigns the same for the use of his employee as his usual place of
residence; the annual value of the benefit is 5%of whichever is higher of the zonal or assessed value of the
land and improvement.
Illustration
Carrie, Inc. allowed one of its unused realty investment costing P3,500,000 with zonal value of P4,000,000 and
assessed value of P3,000,000 to be used by its vice president
Illustration
Cubao Corporation purchased a residential property for the use of its production manager. The property is payable
over 11 annual installments of P200,000 including interests but have a cash price of P2,000,000. For accounting
purposes, C Corporation opted to capitalize the interest and recorded the P2,200,000 contract price as acquisition
cost of the property.
1. Purchase by the employer of residential property and transfer of ownership in the name of the employee,
the value of the benefit is whichever is higher of the acquisition cost or zonal value
Illustration
A non-profit corporation bought a residential dwelling for P5,000,000 and transferred ownership to its president.
The property has P3,000,000 zonal value.
Since there is transfer of ownership, the monetary value is the entire P5,000,000, the higher book value (i.e. cost in
this case) and zonal value.
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1. Purchase by employer of property and transfer of title to employee for less
than adequate consideration, the value is [(fair market value or zonal value,
whichever is higher) less consideration paid by employee.
Illustration
Remy, a professional practitioner, transferred is residential property in the name of his managerial employee for
P2,000,000. The property has fair value per tax declaration of P3,400,000 and P5,000,000 zonal value.
Since there is a transfer of ownership (i.e. tittle), the monetary value is P3,000,000,computed as P5,000,000 fair
value less the P2,000,000 consideration paid.
Expense Account
Expenses incurred by an employee but which are paid by his employer or incurred and paid by employee but
reimbursed or advanced by the employer are taxable fringe benefits. The monetary value is the amount paid by the
employer.
Personal expenses of the employee such as groceries for the personal consumption of the employee and /or his
family, if aid or reimbursed by the employer, are taxable fringe benefits whether or not receipted in the name of the
employer.
Fixed and regular RATA are treated as part of regular compensation income and are subject to creditable
withholding taxes, not to fringe benefit tax.
Illustration
Denver Corporation paid for the following expenses which were liquidated by its managerial employee:
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Water and electricity bill at manager’s home P 15,000
Meals and groceries at manager’s home 18,000
Bill on business telephone 2,000
Bill on personal phone 1,000
Transportation from office to and from clients 12,000
Transportation from office to and from manager’s home 10,000
Foods and beverages for visiting business clients 8,000
Note: Business telephone bills, office to client transportation and food and beverages for client visitors are business
expenses, not fringe benefits to the manager.
Note that the monetary value shall be reported in the quarter of purchase.
2. Cash benefit to employee for the purchase of a vehicle, even if the vehicle is partly used in the
business of the employer.
Monetary value = 100% of the cash benefit, except when the amount is subjected to withholding tax on
compensation
Car benefits that are paid in cash and are subjected to withholding tax on compensation are subject to regular tax,
not to fringe benefit tax. If subject to fringe benefit tax, the monetary value shall be reported in the quarter of
payment.
3. Purchase of car on installment basis by the employer with ownership placed in the name of the
employee even if the car is used partly for the employer’s business, the benefit is the acquisition
cost divided by 5 years
Illustration
An employer purchased a car for P1,000,000 payable in four installment plus 10% interest on the outstanding unpaid
balance of the car.
The entire acquisition cost shall be recognized as monetary value since there is transfer of ownership but the
regulation requires amortization over 5 years. Hence, the employer shall recognize P1,000,000/5 or P200,000
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monetary value annually for five years. For every quarter, the employer shall report P200,000/4 or P50,000
monetary value until the cost is fully reported over 5 years.
4. Employer shoulders a portion and is placed I the name of the employee, even if partially used in
business
The monetary value shall be P1,600,000 computed as P4,000,000 x 40% representing the portion shouldered by the
employer. This will be reported in the quarter the employer’s share is paid.
5. Fleet of motor vehicles owned for the use of the business and the employees, the value of benefit
is the cost of all motor vehicles not used for sales, freight, delivery service, and other non-personal
uses divided by 5 years
6. Fleet or motor vehicles leased for the use of the business and the employee, the value of the
benefits is the rental payments for motor vehicles not normally used for sales, freight, delivery,
service, and other non-personal use
7. Aircrafts including helicopters are deemed solely for business use; hence, they are not subject to
fringe benefit tax.
8. Yachts whether owned and maintained or leased by the employer are presumed not for business
use; hence, taxable a fringe benefits. If owned or maintained, the value of the benefit is measured
as the depreciation value over 20 years.
Illustration
Assume a corporation acquired a P10,000,000 yacht for the use of its executives.
A yacht is considered immovable by virtue of the fact that it is fixed and cannot be removed from water. Hence, the
20-year presumptive useful life for real properties is used. If this is leased, the entire rental payment is the monetary
value. Note that the 50% rule is not applied by the regulation.
Supposing the yacht is purchased and transferred to the name of the executive, the monetary value shall be the entire
P10,000,000.
Household Expenses
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Employee expenses borne by the employer for household personnel, salaries of household help, personal driver of
the employee, and other personal expenses such as homeowners association dues, garbage dues, electricity, and
water are taxable fringe benefits. The monetary value is the amount paid.
Illustration
Henesy Corporation granted the following benefits to a managerial employee:
Illustration
Felize Cooperative lent it chief executive officer P1,000,000 at a minimal 3% annual interest rate. The monetary
value shall be computed as follows:
Note : Membership fees, dues, and other expenses borne by the employer for his employees in social and
athletic clubs or other similar organizations constitute taxable fringe benefit. The monetary value is the amount
paid.
Substantiation requirement
The above rules apply if the expenses were supported by documentations proving the actual occurrences of the
meeting convention; otherwise, they shall be subject to fringe benefit tax.
- Business meeting must be supported by an official communication from business associates abroad
indicating the purpose of the meeting.
- Business conventions must be supported by an official invitation or communication from the host
organization or entity abroad.
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Expenses for the family members of the employee shouldered by the employer are taxable fringe benefits in full.
Illustration
Tuna, Inc. allowed its VP Finance, Mr. Puppet, to attend a convention abroad with the privilege
to bring his wife. The expenses of the foreign travel were:
The applicable exchange rate is P40:$1 – P40x $250 x 5 days each to Mr. and Mrs. Lasuna
Educational assistance granted to dependents of the employee is generally taxable except when the assistance was
provided through a competitive scheme under a scholarship program of the company.
Illustration
Angelica Marketing, a distributor of cosmetics products, provides educational assistance to the following employees
under an employment bond:
Amount per
Position Field of study semester _
VP for Management Doctor in Business
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Administration P 50,000
VP for Marketing Master in Marketing
Management 35,000
Operation manager BS Cosmetology 25,000
Accounting supervisor BS Criminology 24,000
Accounting staff BS Accountancy 20,000
Only the tuition fee of the accounting supervisor is subject to fringe benefit tax and shall be reported in the quarters
it is paid.
Life or health insurance and other non-life insurance premiums or similar amounts in excess of what the law
allows
These are taxable fringe benefits except the following insurance or premium contributions allowed or required by
law:
1. Contributions of the employer for the benefit of the employee pursuant to the provisions of existing
law such as contributions to SSS, GSIS, PhilHealth, and HDMF.
2. Cost of premium for group insurance of employees
Illustration
Elizabeth Company made the following insurance premium payments during a calendar quarter:
- P30,000 premium for the life insurance of the Chief Executive Officer (CEO) with Elizabeth Company as
the beneficiary of the policy
- P20,000 premium for the life insurance of the Company Chief Operating Officer (COO) with his wife as
the beneficiary
- P15,000 insurance premium of the personal car of the company manager
- P40,000 premium for group insurance of employees
- P80,000 premium share in SSS, PhilHealth, and Pag-Ibig dues of employees
- P10,000 fire insurance premium for the company building
Type of employee
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*Includes resident citizens, non-resident citizens, and resident aliens
Illustration
Assume an employer grants fringe benefits with monetary value of P58,500 to a resident citizen managerial
employee.
The grossed-up monetary value is computed as P 58,500/65% = P 90,000. If the employee is a NRA-NETB, the
grossed-up monetary value shall be computed as P58,500/75% = P 78,000.
Illustration 1
In the last quarter of 2018, Alexander, a Filipino supervisory employee, was given P13,000 worth of groceries for
personal use.
Alternatively, the fringe benefit tax can be directly computed as P13,000 x 35%/65%.
Note:
1. The fringe benefit tax continues to be payable for as long as the employee uses the property for personal
use and/or business use.
2. The quarterly fringe benefit tax can be directly computed s P75,000 x 25%/75%.
ACCOUNTING ENTRIES
Accounting entries shall be classified as follows:
1. Taxable benefits paid for in cash or in kind
2. Taxable benefits which do not involve payment of cash or transfer of property
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3. Exempt benefits paid for in cash or in kind
4. Exempt benefits which do not involve payment of cash or transfer of property
The total fringe benefit expense including the fringe benefit tax expense is a deductible expense of the employer
against his gross income in the computation of his taxable income. It must be noted that a deductible fringe benefit
expense exist only when the benefit is paid in cash or in kind.
Activity
During 2020, Al Corporation gave the following fringe benefits to its employees:
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