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LEARNING OUTCOMES
At the end of this module, you are expected to:
1. Identify the various items of exempt income as provided by the NIRC and special laws;
and
2. Explain the scope of the income tax exemption of minimum wage earners and BMBEs.
Pre-Activity
Try to answer the following questions.
1. Are gifts received subject to income tax?
2. When are proceeds of life insurance subject to income tax?
3. What is the difference between retirement benefits and separation pay?
INTRODUCTION
As discussed from the previous module, exclusions from gross income are items of income which
are not reported anymore in the gross income in the income tax return. In this module, the
discussion will focus on those exempt income on regular income tax provided by the tax code
and other special laws.
Scenario 1: It is a life insurance policy on Solui and he dies after three years.
The whole amount of the P5,000,000 proceed is not taxable.
Scenario 2: It is a life insurance policy on Solui and he sells it for P600,000 after paying 52
months of premium. Solui dies after the buyer pays five months of premium.
The amount of P520,000 (52 months x P10,000) is a return of capital, therefore, it is not taxable.
The excess of P80,000 from the proceeds, however, is taxable to Solui since it constitutes a return on
capital.
The buyer of the policy shall be exempt on the P650,000 (P600,000 purchase price + P50,000 premiums
paid) received. The excess of P4,350,000 is taxable since he is not the heir or beneficiary.
Scenario 3: It is a life insurance policy on Solui and he dies at the end of second year. The heirs
received P5,100,000 six months after his death.
The excess of P100,000 over the face of the insurance policy constitutes an interest income which is a
return on capital, hence, taxable.
Scenario 4: It is a life insurance policy on Solui and he outlives the policy. He received the
maturity value of P1,400,000.
Only the total amount of premiums paid is exempt. The excess of P200,000 is an item of gross income.
Scenario 5: It is a property insurance for a building with a tax basis of P3,000,000. The building
was burnt.
The tax basis of P3,000,000 is an exclusion from gross income. Only the excess of P2,000,000 is taxable.
The exemption extends to that of corporations insuring their officers with the corporation as
the beneficiary. Premium paid on such are non-deductible against gross income.
The transfer of business properties worth P400,000 to Mark is a gratuity subject to transfer tax, not
income tax. However, the P50,000 donated income shall be included in gross income, but in the income
tax return of the donor. The P150,000 income of the donated property after the perfection of the donation
is included as item of gross income in the tax return of Mark, the donee.
Only the P30,000 compensation is taxable for since it is a recovery of lost earnings. The remaining
P400,000 will be exempted from income tax.
RETIREMENT BENEFITS
Exempt from income tax are retirement benefits received under R.A. 7641 and those received by
officials and employees of private firms in accordance with a reasonable private benefit plan
maintained by the employer.
Requisites of Exemption
All of the following requisites must be satisfied to avail of the exemption.
The benefit from Loom Ipat is taxable since Yorla was still 41 years old back then. The retirement benefit
from Naumay is still taxable since even though she was 50 years old, the years of service is less than 10
years. The retirement benefit from Boom Aleck is exempt even though it is not the first time that Yorla
avails the retirement program since the exemption is not availed for the former retirement benefits
received. In addition, Yorla satisfies the 10-year period of service and 50-year age.
The phrase "beyond the control of the employee" connotes involuntariness on part of the
employee. In other words, the separation must not be of his making.
Limitation
The exemption of termination or separation benefits does not extend to:
1. Backwages or illegal deductions repaid by the employer upon termination
2. Terminal leave pay or the commutation of accumulated unused leave credits
Availment
To avail of the tax exemption, the employee or his heirs shall request for a ruling or certificate of
exemption (CTE) from the BIR. The request for a CTE and other required documents shall be filed
at the RDO where the employer is registered.
Illustration 8.5
Kala is an employee of Goship Company which closed its business during the year. Kala's last
paycheck shows the following details:
Unpaid salary in the last two months 30,000
Current month salary 15,000
Separation pay 100,000
Scenario 1: Kala was chosen to be laid off first because she was the last person to be hired.
Only the P100,000 received is exempt. The backwages and current salary are taxable.
Scenario 2: Kala was chosen to be laid off first because she was had allergic rhinitis.
The whole amount of the last paycheck is taxable since the reason does not normally render the employee
incapable of working.
Both the pension and the social security benefits are exempt. Note that these benefits were earned abroad
when the taxpayer was a non-resident Under situs rule, the foreign Income of non-residents is not taxable
in the Philippines. This holds true even if the taxpayer subsequently receives the income as a resident of
the Philippines.
SSS Benefits
This would be the social security benefits under RA 8282.
GSIS Benefits
These are benefits under RA 8291 including retirement gratuity received by government officials
and employees.
USVA BENEFITS
These are United States Veterans Administration – administered benefits under the law of the
United State received by any person residing in the Philippines.
Illustration 8.7
Mr. Jackson is a retired US serviceman from the Iraqi war. He married a beautiful Filipino and
settled in the Philippines. He is receiving a $1,000 monthly benefit from the USVA.
The USVA benefit is excluded in gross income. The same rule applies to USVA benefits for beneficiaries
of Filipino veterans who fought under the American flag in World War II.
MISCELLANEOUS ITEMS
Income from Domestic Securities
Exempt are those income derived on 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
government
c. International or regional financial institutions established by foreign governments
Government Income
Exempt are those income derived by the government and its political subdivisions from:
The general rule with government agencies and instrumentalities is exemption because of their
public service nature. However, taxation applies when they engage in income-producing
activities which are proprietary or commercial in nature. This exemption does not extend to
government-owned and controlled corporations (GOCCs). GOCCs are generally taxable as
regular corporations because their operations are proprietary in nature.
Contributions to PERA accounts are exclusions in gross income. This is an additional exclusion
and is separate with the exclusion for contributions to SSS or GSIS. Moreover, PERA contributors
are allowed to claim 5% of their PERA contributions as tax credit against any internal revenue
taxes.
PERA investment income are exempt from taxes (i.e. final tax, capital gains tax and regular
income tax). The PERA account assets will be distributed back to the contributor either in lump
sum, life pension or in installment upon reaching the age of 55 or to his heirs or beneficiaries upon
his or her death. PERA distributions are likewise exclusions in gross income of the contributor or
his heirs or beneficiaries as the case may be.
13th Month Pay and Other Benefits
The amount received as such by officials and employees of public or private entities not exceeding
P90,000. This will be further discussed in detail in Module 9.
Illustration 8.8
On September 1, 2020, an individual taxpayer sold a 6-year term bond investment for
P1,100,000. These bonds bear 8% interest payable every December 31 were previously acquired
at P1,000,000 face value on January 1, 2020.
The interest accrued of P60,000 (P1,000,000 x 8% x 9/12) is taxable. The gain of P40,000 (P1,100,000
– P1,000,000 – P60,000) is exempt.
Mutual funds pool the money invested by different investors and invest the money to earn
investment income which shall add up to the net assets of the fund. A participating investor must
purchase participation shares from the fund at their Net Asset Value (NAV). Upon redemption
of his participation shares, the investor gains or losses by his proportionate share in the increase
or decrease in the Net Asset Value of the fund.
Illustration 8.9
A taxpayer bought 10,000 shares from Golden Dragon Mutual Fund at P120 NAV per share.
The taxpayer redeemed his shares when the NAV per share was P180.
The P600,000 gain, computed as [(P180 - P120) x 10,000], on redemption is excluded from gross income;
hence, exempt from taxation.
The exemption is apparently intended to mitigate double taxation. Most of the items of income
of mutual funds are subject to final tax at source. The subsequent distribution of these to the
investors at redemption should no longer be subject to income tax. On the other hand, the
exemption may have been intended to promote the growth of mutual funds which are widely
regarded as key participants in providing liquidity in most financial markets.
To qualify as a BMBE, an enterprise must not be a branch or a subsidiary of a large scale enterprise
and its policies, and modus operandi must not be determined by a large scale enterprise such as
in the case of franchises. To avail of the benefits and privileges of a BMBE, an applicant must
secure a certificate of authority to operate as a BMBE from the Office of the Treasurer of the city
or municipality that has jurisdiction.
Since the total assets, net of the land, is P2,800,000, William is qualified as a BMBE. If he obtained a
Certificate of Authority to Operate as BMBE, his income is exempt from regular income tax but is still
subject to other income taxation schemes.
COOPERATIVES
Cooperatives that transact business purely with members are exempt from all taxes and fees.
Cooperatives that transact business with non-members likewise exempt from all taxes and fees if
their accumulated reserve and undivided savings do not exceed P10,000,000. Otherwise, the
amount of allocated for interest on capitals is subject to regular tax. However, the income of any
cooperative from non-related sources is fully taxable to regular tax.
a. Contributions are made to the trust by such employer, or employees, or both for the
purpose of distributing to such employees the earnings and principal of the fund
accumulated by the trust in accordance with such plan.
b. The asset of the fund shall not be diverted for other purposes other than the exclusive
benefit of the employees.
INCOME UNDER OTHER INCOME TAXATION SCHEMES
Those items of income discussed under Modules 5 and 6 which are within the scopes of Final
Income Taxation and Capital Gains Taxation are exclusions from Gross Income under Regular
Income Taxation.
References:
Banggawan, R. (2019). Income Taxation. Pasay City: Real Excellence Publishing.
Valencia, G. & Roxas, E. (2016). Income Taxation. Baguio City: Valencia Educational Supply.
Reyes, V. (2019). Income Tax Law and Accounting under the TRAIN Law. Manila: GIC Enterprises & Co., Inc.
Ampongan O. (2018). Income Taxation. Mandaluyong City: Millennium Books, Inc.
Self-Check!
Basing on your readings, answer the following questions.
1. What is the difference between exclusions, exemptions and deductions?
2. Explain the tax phrase “exclusion from gross income”.
3. When are proceeds from an insurance policy taxable?
4. Why is gift not subject to income tax?
5. When is there an instance that a government instrumentality is taxable in its income?
6. Are income exempted under final income taxation an exclusion from gross income?
7. What are the requisites for the exemption of retirement benefits?
8. What are the tax benefits of Personal Equity and Retirement Account?
______4. The following are the requirements to exempt retirement pay due to old age from
taxation, except
a. Must be SSS or GSIS retirement plan only
b. Equitable retirement program approved by the BIR Commissioner
c. The retiree should have been employed for at least 10 years and the retiring age
of at least 50 years old
d. Retirement pay should have been availed of for the first time
______5. The proceeds of insurance taken by a corporation on the life of the president to
indemnify it against loos in case of his death is
a. Part of taxable income of the corporation
b. Taxable income of the corporation
c. Partly exempt, partly taxable
d. Exempt from income tax