CHAPTER 11: Fringe Benefit Tax Employee personal expenses
When paid or assumed by the employer in default
FRINGE BENEFITS of a proximate business necessity, it is deemed a - all other benefits/incentives of employees other fringe benefit in its entirety even if the expense is than the basic pay. receipted in the name of the employer. *Basic pay is the fixed regular salary or wages of employees Hybrid expenses every payroll period. - when the employer incurs expenses which is - under NIRC, it is defined to pertain to goods, purported partly for business and partly for services or other benefits furnished by the employee’s incentive, only 50% of the employer to the employees. expense representing employee incentive is subject to the fringe benefit tax. Tax treatment of fringe benefits - hybrid expenses under RR3-1198: fixed every payroll period – regular compensation housing benefits in the form of rental variable and performance-based – supplemental compensation accommodation incentives – 13th month pay and other benefits allowing an employee free use of business employer’s convenience or necessity – exempt from property income tax THE FRINGE BENEFIT TAX Other fringe benefits Fringe benefit tax a.Rank and file employees – treated as “other - final tax imposed on the fringe benefit furnished, benefits” under the category “13th month pay and other benefits.” granted or paid by the employer to the b.Managerial and supervisory employees – excluded employee, except rank and file employees. in compensation income and are subjected to final Fringe benefit fringe benefit tax. - any good, service, or other benefits furnished or granted in cash or in kind by the employer to SCOPE OF THE FRINGE BENEFIT TAX individual employees such as: The fringe benefit tax covers only the taxable 1. housing benefits fringe benefits of managerial or supervisory 2. expense account employees. 3. vehicles of any kind Taxable fringe benefits exclude those items 4. household personnel, such as considered as compensation income. maid/driver/etc. 5. interest, for the difference between the GENERAL CATEGORIES OF FRINGE BENEFITS market rate (12%) and the actual interest SUBJECT TO FINAL TAX granted 1. Management perquisite benefits 6. membership fees, dues and other expenses 2. Employee personal expenses shouldered by the borne by the employer for the employee in employer social and athletic clubs or other similar org. 3. Taxable de minimis benefits 7. expense for foreign travel a. Excess de minimis over their limits 8. holiday and vacation expense b. Benefits not included in the de minimis list 9. educational assistance to the employee or his dependents Management perquisite benefits 10. life or health and other non-life insurance Perquisite benefits premiums or similar accounts in excess of - “management perks” what the law allows - highly privileged incentives given only to a special group of employees. CHARACTERISTICS OF THE FRINGE BENEFIT - non-performance based and are given as TAX incentives to management employees. 1. Final tax - not considered as compensation income, but fringe benefit tax is a final tax which is as fringe benefits subject to fringe benefit tax. withheld by the employer at source. 2. Tax upon the fringe benefits of managerial NOTE! or supervisory employees Performance-based benefits – compensation income fringe benefit is not a tax to the employer Benefits in the nature of incentive or perks – fringe but a tax upon the benefit realized by the benefits managerial or supervisory employee. 3. Paid by the employer tax is presumed withheld at source and remitted by the employer to the government. 4. Grossed-up tax the monetary value or the amount of fringe benefit realized/taken home by the employee is effectively net of final tax which is to be withheld at source. Hence, the monetary value is first grossed-up by the complement percentage of the applicable fringe benefit tax rate before the fringe benefit tax rate is applied. 5. Due quarterly the fringe benefit tax is due for remittance quarterly based on the accounting period (fiscal/calendar) selected by the employer. determined and reported quarterly through BIR Form 1603Q. due on or before the last day of the month following the quarter in which withholding was made.
PROCEDURES IN COMPUTING THE FRINGE
BENEFIT TAX 1. Determine the monetary value. Monetary value is the taxable amount of benefits taken home or realized. It is presumed net of the final tax. 2. Determine the gross-up rate and fringe benefit tax rate applicable for the taxpayer. Gross up rate is the complement of the fringe benefit tax rate. If the fringe benefit tax rate 35%, the gross up rate is 65% (100-35). 3. Determine the grossed-up monetary value by dividing the monetary value by the gross-up rate. 4. Determine the fringe benefit tax by multiplying the fringe benefit tax rate to the grossed-up monetary value.
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