Professional Documents
Culture Documents
2020
Chapter 5
“Exclusion,” as used in income taxation, refers to items or receipts not included in determination
of the taxable income because the law or treaty provides that they are exempt from income tax.
1. According to law
a. Exclusion under Section 32(B) of the NIRC
b. Exclusion under Special Laws
This refers to the earnings that are compensation in nature but which the law specifically
excludes as part of the gross income for taxation purposes. Specifically, these non-taxable
compensation incomes are:
1. Compensation income including holiday pay, overtime pay, night shift differential pay, and
hazard pay earned by minimum wage earners, who has no other reportable income.
2. Compensation income and/or business income earned outside the Philippines by a Filipino
Overseas Contract Worker, Nonresident Filipino Citizen, resident alien and foreign
corporation.
3. 13th month pay, bonuses and other benefits not exceeding ₱90,000 per year (other benefits
include excess amount of the prescribed ceiling of de minimis benefits);
5. Proceeds of life insurance policies paid to the heirs upon the death of the insured;
6. Amounts received through accident or health insurance, or under the Workmen’s
Compensation Act, as compensation for personal injuries or sickness, plus the amounts of any
damages received whether by suit or agreement, on account of such injuries or sickness.
7. Retirement benefits under RA 7641 and those received by officials and employees of private
firms, whether individual or corporate, in accordance with a reasonable private plan
maintained by the employer. The following conditions must be met:
a. The retiring official or employee has been in the service of the same employer for at least 10
years.
b. He/she is not less than 50 years of age at the same time at the time of retirement; and
c. He/she has not availed of similar benefit in the past.
8. Any amount received by an official or employee or by his heirs from the employer as a
consequence of separation of such official or employee from the service of the employer
because of death, sickness or other physical disability or for any case beyond the control of
the said official or employee;
Chapter 5 – Exclusion from Gross Income Page 1
TAXATION 1 – INCOME TAXATION
2020
9. Social Security benefits, retirement gratuities, pensions and other similar benefits received by
resident or nonresident citizens of the Philippines or aliens who came to reside permanently
in the Philippines, from foreign government agencies and other institutions, private or public;
10. Benefits received from or enjoyed under the Social Security System (SSS), including
maternity benefits as stipulated in RA. 8282;
11. Benefits received from the GSIS including the retirement gratuity received by government
officials and employees;
12. GSIS/SSS, Medicare (Phil-health) and Pag-ibig contributions and union dues of individuals;
14. Salaries and stipends in dollars received by non-Filipino citizens serving as staff of the
International Rice Research Institute and Food Foundation;
16. Casual employment like house helper/ maid not connected in the conduct of business of
employer.
1. The amount received by the insured as a return of the premiums paid by him under life
insurance, endowment or annuity contract either during the term or at the maturity of the
term mentioned in the contract or upon the surrender of the contract.
2. The value of property by gift, bequest, devise or descent of income from any property, in case
of transfers of dividend interest, shall be included in the gross income.
3. Income of any kind to the extent required by any treaty obligation binding upon the
government of the Philippines.
4. Payments of benefits due to any person residing in the Philippines under laws of the United
States administered by the United States Veterans Administration (USVA).
5. Income derived from investments in the Philippines in loans, stocks, bonds or other domestic
securities or from interest on deposits in banks in the Philippines by:
a. Foreign governments;
b. Financing institutions, owned, controlled or enjoying refinancing from foreign
governments; and
c. International or regional financial institutions established by foreign governments.
6. Income derived from any public utility or from the exercise of any essential governmental
function accruing to the Government of the Philippines or to any political subdivision
thereof.
8. Prizes and awards granted to athletes in local and international sports competitions and
tournaments whether held in the Philippines or abroad and sanctioned by their National
Sports Associations.
9. Gains realized from the sale or exchange or retirement of bonds, debentures, or other
certificate of indebtedness with a maturity of more than 5 years.
10. Interest on long-term deposits or investments in banks (with maturity of five years or more)
received by individuals (except Nonresident aliens not engaged in business or practice of
profession in the Philippines).
11. Interest received by a nonresident individual or nonresident corporation from deposits with
the depository banks under the expanded foreign currency deposit system.
12. Interest on the price of land covered by CARP (Comprehensive Agrarian Reform Program).
13. Interest on government bonds, especially when provided in the bond issue.
14. Gains realized by the investor upon redemption of shares of stock of a mutual fund
company.
Statutory Minimum Wage ( SMW) shall refer to the rate fixed by the Regional tripartite Wage
and Productivity Board (RTWPB), as defined by the Bureau of Labor and Employment
Statistics (BLES).
Holiday pay, overtime pay, night shift differential pay and hazard pay earned by the
aforementioned MWEs shall be covered by income tax exemption.
13th month pay, bonuses and other benefits not exceeding ₱90,000 are tax-exempt.
The value of property acquired by gift, bequest, devise, or descent shall be excluded from gross
income, provided that income from such property shall be included in gross income.
Gift refers to personal property legally and validly transferred from one person to another for
free.
Bequest refers to personal property transferred from one person to another by will.
Devise is a real property transferred from one person to another by will.
1. Selected without any action on his part to enter the contest or proceeding, and 2. Not
required to render substantial future services as a condition to receive the prize or award.
Revenue or income from trade, business or other activity, the conduct of which is not related to
the exercise or performance by such educational institutions of their educational purposes or
functions shall be subject to internal revenue taxes when the same is not actually, directly or
exclusively used for the intended purposes.