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Chapter 19 PDF
Chapter 19 PDF
19
Personal Equity R
etirement Account (P
ERA)
Under RA 9505, o therwise known as the "Personal Equity Retirement
Account (PERA) Act of 2008", all income earned from the investment
and reinvestment of PERA assets in PERA investment products shall
be exempt from income taxes provided the said PERA investment
products have been duly a ccredited by the concerned regulatory
agency**. Moreover, income from investments and reinvestments of
PERA assets in government securities is likewise exempt from income
taxes, Under the law, individuals are allowed to set up their own PERA
which shall enjoy certain tax incentives. Employees, i ncluding
self-employed individuals and Overseas Filipinos, can s tart planning
their future by establishing their own PERA.
Qualified Employer's Contribution- Shall refer to the contribution made by the employer
(whether as a single proprietor, a partnership or a corporation) from the
private sector to the PERA established by his/its employee which, together
with such employee's contribution, if any, shall not exceed such employee's
Qualified PERA Contribution
Qualified PERA Contributions - shall refer to the contributions of the Contrbutor to his
PERA, which shall not exceed P100,000 per calendar year (if the Contributor is
non-overseas Filipino), or P200,000 per calendar year (if the Contributor is an
Overseas Filipino or in representation of an Overseas Filipino)
Administrator - shall refer to an entity which had been pre-qualified by the concerned
Regulatory Agency and accredited by the BIR, responsible for administering and
overseeing the PERA of the Contributor
PERT,
hirveerd
PERA
Income
2. The tax on capital gains from sale, exchange, retirement or
maturity of
bonds, debentures, or other certificate of
indebtedness.
4. The capital gains tax on sale, barter or exchange or other
disposition of
shares of stock in a domestic
corporation,
PERA
Distributions
The qualified employer's contribution to his/i ts employee's PERA shall be in
addition to, and not in lieu of, the employer's contribution to SSS and its
obligation to pay retirement benefit to his/its employees under the Labor
Code. The total of the employer's and employee's contribution to his
PERA and all the benefits, including tax incentives and privileges arising
therefrom, shall all belong to the employee and shall not, in anyway,
inure to the benefit of the employer. The employer shall not be entitled to
any 5% credit from its contribution to an employee's PERA.
The qualified employer's contribution to his/its employee's PERA
shall not form part of employee's taxable gross income, hence, exempted
from the withholding tax on income, whether withholding tax on
compensation or fringe benefits. On the other hand, the employer can
claim the actual amount of his/its qualified employer's contribution as a
deduction from his/its gross income, but only to the extent of the employer's
contribution that would complete the maximum allowable PERA
contribution of an employee.
Tax
Credit
GUIDELIN
ES
The accreditation o
f a PERA Administrator shall be valid from the
date of issuance o f the Certificate of Ac creditation until it is
suspended or revoked for violation of any of the provisions of
Republic Act (RA) 9505, or for any of the grounds stated under
Section 17 thereof, as enumerated under Rule 4.D of the Rules
and Regulations Implementing t he PERA Act of 2008;
Contributions to PERA can come from employees and/or their employers or
self-employed individuals which shall not exceed Php100,000.00 per calendar
year, or Php200,000.00 per calendar year if the contributor is an Overseas
Filipino as defined in Rule 7 of the Rules and Regulations Implementing the
PERA Act of 2008;
A Contributor may create and maintain a maximum of five (5) PERAS at any
r, each PERA shall be c onfined to only one category of PERA
one time. Howeve
Investment Product. Thus, a Contributor can have five (5 ) PERAs and five (5
)
categories of PERA Investment Products;