DE MINIMIS BENEFITS AN INTRODUCTION FRINGE BENEFIT
Fringe Benefit means any good,
service or other benefits furnished or granted in cash or in kind by an employer to an individual employee (except rank and file) RATIONALE OF FRINGE BENEFIT
To provide incentive to encourage
employee’s productivity and loyalty to the employer Fringe benefits are as follows: • Housing • Expense account • Vehicle of any kind • Household personnel (maid, driver and others) • Interest on loan at less than market rate to the extent of the difference between the market rate and actual rate granted Fringe benefits are as follows: • Membership fees, dues and other expenses borne by the employer for the employee in social and athletic clubs or other similar organisations • Expenses for foreign travel • Holiday and vacation expenses • Educational assistance to employee or his dependents; and • Life or health insurance and other non-life insurance premiums or similar amounts in excess of what the law allows. Under the Tax Code, fringe benefits are taxable. As an RULES ON Fringe benefits employer, you have to withhold tax for the fringe benefits in order for it to become deductible from business income in computing income tax. The following rules apply to fringe benefits:
1.) Fringe benefits to rank-and-file employees are not
taxable with fringe benefit tax, but instead are taxable as compensation income subject to normal income tax rate in Section 24(A) of the NIRC, except for “de minimis benefits” and benefits provided for the convenience of the employer.
2.) Fringe benefits to managerial and supervisory
employees are taxable with the fringe benefit tax, which is a final tax except for “de minimis benefits” and benefits RULES ON Fringe benefits • The fringe benefit tax is computed only to those granted with managerial and supervisory positions. Other than that, the income is subject to normal income tax rate.
• Those allowances that are received by an employee
in fixed amounts and regularly received by the employee as part of his salaries shall not form part of the taxable fringe benefit but shall be treated as compensation income. RULES ON Fringe benefits There are fringe benefits that are not taxable as the following: 1. Fringe benefits which are authorised and exempted from tax under special laws; 2. Contributions of the employer for the benefit of the employee to retirement, insurance and hospitalisation benefit plans; 3. Benefits given to the rank and file employees, whether granted under a collective bargaining agreement or not; and 4. De minimis benefits as defined in the rules and regulations to be promulgated by the Secretary of Finance, upon recommendation of the Commissioner. 5. If the grant of fringe benefits to the employee is required in the nature of, or necessary to the trade, business or profession of the employer; 6.If the grant of the fringe benefit is for the convenience of the employer. • fringe RULES benefit is aON final Fringe benefits tax on employee’s income to be withheld by the employer. It is the company that is liable for the fringe benefit tax and not the employee.
• The tax base of fringe benefits is based on the
grossed-up monetary value (GMV) of the fringe benefits granted by the employer to the employees (except those rank-and-file employees)
• The grossed-up monetary value of the fringe benefit
represents the whole amount of income realized by the employee which includes the net amount of money or net monetary value of property which has The taxable amount of the fringe benefit is computed as follows. This amount will be used as our tax base when computing the fringe benefit tax. Monetary value of the fringe benefit (cash payment) 81,250 Divided by the Grossed-Up Monetary Value 65% Taxable Amount of the Fringe Benefit 125,000
The taxable amount of the fringe benefit tax multiplied by the
applicable tax rate will be our fringe benefit tax. Taxable Amount of the Fringe Benefit. 125,000 Multiplied by the Fringe Benefit Tax Rate 35% Fringe Benefit Tax 43,750 The deductible fringe benefit expense for income tax purposes is the sum of the cash payment and the fringe benefit tax. For income tax purposes, the total amount of the deductible fringe benefit expense is a deductible expense from business income. Cash Payment of the Personal Expenses. 81,250 Plus The Fringe Benefit Tax 43,750 Deductible Fringe Benefit Expense 125,000
In the books of the company upon payment of the fringe benefit
to the employee, the total deductible fringe benefit is debited to fringe benefit expense and cash is credited to the amount of payment to the employee and the withholding tax DE MINIMIS BENEFIT • The De Minimis Benefits are benefits of relatively small value given by the employer to his or her employees to improve health, goodwill, contentment, or efficiency of his/her employees.
• These are not subject to Income Tax as well
as withholding tax on compensation of both managerial and rank and file employees. ADVANTAGES OF DE MINIMIS BENEFIT
• The Employees will receive Tax Exempt
Compensation
• The Employers can claim the De Minimis
benefits as Salary Expense of their company. The following shall be considered as “De Minimis” DE MINIMIS BENEFIT Benefits:
1. Monetized unused vacation leave credits of private
employees not exceeding ten (10) days during the year.
2. Monetized value of vacation and sick leave
credits paid to government officials and employees.
3. Medical Cash Allowance to dependents of
employees, not exceeding P1,500 per employee per semester or P250 per month.
4. Rice Subsidy of P2,000 or one sack of 50kg. rice per
The following shall be considered as “De Minimis” Benefits: DE MINIMIS BENEFIT 5. Uniform and Clothing Allowance not exceeding P6,000 per annum.
6. Actual Medical Assistance, e.g. medical allowance to cover
medical and healthcare needs, annual medical/executive check- up, maternity assistance, and routine consultations, not exceeding P10,000 per annum.
7. Laundry Allowance not exceeding P300 per month.
8. Employees Achievement Awards, e.g. for length of service or
safety achievement, which must be in the form of a tangible personal property other than cash or gift certificate, with annual monetary value not exceeding P10,000 received by the employee under established written plan which does not discriminate in favor DE MINIMIS BENEFIT The following shall be considered as “De Minimis” Benefits:
9. Gifts given during Christmas and Major Anniversary
Celebration not exceeding P5,000 per employee per annum.
10. Daily Meal Allowance for Overtime work and
night/graveyard shift not exceeding twenty-five (25%) of the basic minimum wage on per region basis
All other benefits given by employers which are not included
in the above enumeration shall not be considered as “de minimis” benefits,
Hence, shall be subject to income tax as well as withholding