De Minimis Benefits Starting January 1, 2015, benefits
received by an employee by virtue of a
collective bargaining agreement (CBA) Monetized unused vacation leave and productivity incentives schemes, credits of private employees not provided that the total annual monetary exceeding 10 days during the year. value received from the two combined, do not exceed P10,000 per employee Monetized value of vacation and sick per taxable year. leave credits paid to government officials and employees. Medical cash allowance to dependents of employees not exceeding P1,500 per Fringe Benefits employee per semester or P250 per month. Rice subsidy of P2000 or one sack of 50 Any goods, serviced or other benefits furnished KG rice per month amounting to not or granted in cash or in kind by an employer to more than P2,000. an individual employee (except rank and file Uniform and clothing allowance not employees) such as, but not limited to the exceeding P6,000 per annum. following: Actual medical assistance, e.g., medical allowance to cover medical and health 1. Housing care needs, annual medical/executive 2. Expense account check-up, maternity assistance, and 3. Vehicle of any kind routine consultations, not exceeding 4. Household personnel P10,000 per month. 5. Interest on loan at less than market rate 6. Membership fees, dues and other Laundry allowance not exceeding P300 expenses borne by the employer per month. 7. Expenses for foreign travel Employee achievement awards, e.g., for 8. Holiday and vacation expenses length of service or safety achievement, 9. Educational assistance to the employees which must be in the form of a tangible or his dependents. personal property other than cash or gift 10. Life or health insurance and other non- certificate, with an annual monetary life insurance premiums or similar value not exceeding P10,000 received by amounts in excess of what the law the employee under an established allows. written plan which does not discriminate in favor of highly paid employee. Gifts given during Christmas and major Benefits not subject to Fringe Benefits Tax (FBT) anniversary celebrations not exceeding P5,000 per employee per annum. 1. Those authorized and exempted from income tax under the Code or under Daily meal allowance for overtime work special law; and night/graveyard shift not exceeding 2. Contributions of the employer for the 25% of the basic minimum wage on a per benefit of the employee, to retirement, region basis. insurance, and hospitalization benefits plans. 3. Benefits given to rank and file, whether, Housing Benefit Monetary Value granted under a collective bargaining or Employer leases a not. residential property Rental paid x 50% 4. De minimis benefits for the use of the 5. If the grant of fringe benefits to the employee employees is required by the nature of Employer owns FMV in the Real Prop. or necessary to the trade, business or residential property Declaration or ZV, for the use of the whichever is higher, profession of the employer. employee x 5% x50% 6. If the grant of fringe benefits is for the Employer purchases convenience or advantage of the residential property Acq. Cost exclusive of employer. in installments for interest x 5% x 50% use of employee Gross up Employer purchases Year Tax Rate Divisor residential property 1998 66% 34% Acq. Cost or ZV and transfers 1999 67% 33% whichever is higher ownership to 2000 to employee 68% 32% 2017 Employer purchases FMV in the real 2018 65% 35% property and property declaration transfers ownership or ZV, whichever is to employee on a higher, less cost to The tax imposed is payable by the employer. lesser amount the employee
Computation of fringe benefit tax: Motor Vehicle Monetary Value
Employer owns and 𝑀𝑜𝑛𝑒𝑡𝑎𝑟𝑦 𝑉𝑎𝑙𝑢𝑒 maintains a fleet of (Acq. Cost of vehicles 𝐺𝑟𝑜𝑠𝑠𝑒𝑑 𝑢𝑝 𝑚𝑜𝑛𝑒𝑡𝑎𝑟𝑦 𝑣𝑎𝑙𝑢𝑒 = 65% motor vehicles for not normally used in 𝑀𝑜𝑛𝑒𝑡𝑎𝑟𝑦 𝑉𝑎𝑙𝑢𝑒 the use of the business/5 years) x 𝐹𝐵𝑇 = ( ) 𝑥 35% business and 50% 65% employees Employer leases Rental Payment x vehicles for the use Benefit Monetary Value 50% of the employees Money Amount of Money Employer purchases Property with FMV vs ZV, vehicles in the name Acquisition cost transfer of ownership whichever is higher of the employee Property ownership Depreciation value Employer provided is not transferred employee with cash Employer lends Principal x (12% less for the purchase of money at a rate the vehicle and Cash received actual rate) lower than 12% ownership is placed in the name of the employee Employer purchases Acquisition cost, the vehicle in exclusive of interest installment and /by 5 years ownership is placed foregone by the employer or the in the name of the difference of the interest assumed employee by the employee and the rate of Employer shoulders a 12% shall be treated as taxable portion of the Fringe benefit. amount of the Membership fees, dues, etc.: purchase price of the Amount shouldered o Membership fees, dues and other vehicle and by employer expenses borne by the employer ownership is placed for his employee, in social and in the name of the employee athletic clubs or other similar The use of yacht organizations shall be treated as Depreciation of yacht taxable fringe benefits of the whether owned and at an estimated employee in full. maintained or leased useful life of 20 years by the employer Expenses for foreign travel: o Foreign travel expenses not subject to FBT if properly Housing benefits not considered as taxable substantiated by proof: fringe benefits;
Housing privilege of military officials of the Reasonable business expenses
Armed Forces of the Philippines consisting paid for by the employer for of officials of the Philippine Army, his employees who will attend Philippine Navy and the Philippine Air business meetings or Force. conventions abroad. A housing unit which is situated inside or Inland travel expenses in within the maximum of fifty meters from connection with the foreign the perimeter of the business premises or travel (food, beverages and factory. local transportation) except Temporary housing for an employee who lodging cost in a hotel stays in a housing unit for three months or amounting to an average of less. $300 or less per day, shall not be subject to a fringe benefit tax. Expense Account: The cost of economy and o Expenses incurred by the employee business class airplane ticket. but which are paid or reimbursed However, thirty percent (30%) by his employer. of the cost of first-class Household Expenses: airplane ticket shall be subject o Salaries of household help or to fringe benefit tax. personal driver of the employee Holiday and vacation expenses: borne by the employer. o Holiday and vacation expenses of Interest on loan: the employee borne by the o If the employer lends money to his employer is subject to FBT. employee free of interest of at a lower rate than 12%, such interest Educational assistance to the employee or his dependent: o Scholarship grant to the employee by the employer shall not be treated as taxable fringe benefit if: The education or study involved is directly connected with the employer’s trade, business or profession. The employee is under obligation to remain in the employ of the employer for the period of the time that they have mutually agreed upon. o The cost of the educational assistance extended by an employer to the dependent of an employee shall be treated as taxable fringe benefit of the employee, unless the assistance was provided through a competitive scheme under the scholarship program of the company. Insurance Premium o The cost of the life or health and other non-life insurance premiums borne by the employer for his employee shall be treated as taxable fringe benefit, except: Contribution of the employer for the benefit of the employee, pursuant to the provisions of the existing laws, such as under the SSS, GSIS and other similar contributions arising from the provision of any other existing law. Premiums by the employer for the group insurance of his employees.
In Re John H. Gledhill and Gloria K. Gledhill, Debtors, State Bank of Southern Utah v. John H. Gledhill and Gloria K. Gledhill, 76 F.3d 1070, 10th Cir. (1996)