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Section 1 of Rule XIV of the 1994 Revised Rules and Regulations implementing
Republic Act No. 5487 which governs the “Organization and Operation of Private Security
Agencies and Company Security Forces throughout the Philippines” provides that “No
watchman, security guard or private detective shall be paid a salary or compensation less than
prescribed by existing laws, rules and regulations including those that may be promulgated
relative thereto. The amount prescribed therein shall be earmarked and set aside for the
purpose foretasted; thus, the same shall thereafter be segregated from the monies received
by the agency from its clients as an amount reserved for the remuneration of the guard or
detective.” From the perspective of Mabini Corporation, the expense they incurred for the
security agency must be identified between salaries and agency fees. This is due to how both the
salaries and agency fees intended for the security agency cannot be recorded as a deductible for
the corporation. Moreover, it is important to note that this law is specific to security agencies
only. As such, the salaries intended for other types of agencies can be listed as a deductible for
the corporation. To summarize the aforementioned and to ascertain the differences between
security agencies, other agencies, and employees in terms of what should be part of their
deductibles, the following table is presented.
Security agency Other agencies Employee
Salaries Nondeductible Deductible expense Nondeductible
expense expense
Agency fees Nondeductible Nondeductible Nondeductible
expense expense expense
As for Mayaman and Maligaya, neither of the expenses they incur is considered deductible as
they do not fall under salaries or agency fees.
References:
http://philtax.blogspot.com/2007/11/revenue-memorandum-circular-no-39-2007.html