At the end of the chapter, the student will be able
to: 1. Define compensation income; 2. Identifythe broad classification of gross compensation income; 3. Describe the tax base of compensation income; and 4. Discuss the valuation of compensation income. DEFINITION AND CONCEPT
Compensation income means all
remuneration for services performed by an employee for his/her employer under the employer- employee relationship, unless expressly excluded by the Tax Code. An employee refers to an individual performing a service under an employer-employee relationship. An employer refers to any person for whom an individual performs or performed any service, of whatever nature, under an employer-employee Composition of Gross Compensation Income
1. Salary, wage, or fee
2. Commission 3. Honoraria 4. Allowances 5. Thirteenth month pay and other benefits 6. Holiday pay, overtime pay, night shift differential, and hazard/emergency pay 7. Separation pay 8. Retirement pay 9. Sick leave and vacation leave 10.Fringe benefits SALARY, WAGE, OR FEE
Salary is generally earnings paid on a
regular interval. Wage is paid on an hourly or daily basis. Fee implies payment to an individual who is of authority such as director’s fee, legal fee, accountant’s fee, or fee for conduct of religious ceremony (marriage, baptismal, or masses). COMMISSION
Commission refers to payments
made based on a certain percentage of output, for example, salesman commission or underwriter’s commission. ILLUSTRATION 4.1
Angel, a sales executive of C & E Publishing
Company, has a monthly basic pay of ₱ 24, 000. She is entitled to 2% commission on the sales volume in excess of ₱ 10 million. During the current taxable year, Angel’s actual sales has reached ₱ 12 million.
Compute the gross compensation income of Angel
for the current taxable year. Answer
Basic salary ( ₱ 24,000 x 12) ₱ 288,000
Commission 40,000 ( ₱ 12,000,000 – ₱ 10,000,000) x 2%
Gross compensation income ₱ 328,000
HONORARIA
Honoraria are earnings derived from
services usually undertaken by individuals considered experts in a particular field. An example is honoraria given to an employee who delivers a lecture during the company’s seminar or workshop. Honorarium is usually given to an employee on account of his/her additional services rendered to the business. ALLOWANCES
Allowances may either be fixed or
variable. An allowance is considered fixed when it is attached to the position or office, and it is variable when it changes accordingly as influenced by certain factors such as number of visitors, distance of travels, and frequencies of seminar. Cont.
In general, fixed or variable
transportation, representation, and other allowances that are received by a public officer or employee, or officers or employee of private entity, in addition to the regular compensation fixed for his/her position or office, are compensation subject to withholding tax. COMMON TYPES OF ALLOWANCES
1. Cost of living allowance (COLA). The Cola of
government officials and employees are not taxable. It does not form part of the basic salary. 2. Representation and travelling allowance (RATA). The RATA regularly received by an employee shall form part of the taxable compensation income. 3. Personnel Economic Relief Allowance (PERA). This type of allowance is nontaxable if received by government officials and employees. ILLUSTRATION 4.2
Princess holds a supervisory position at Mainit
Company with a monthly salary rate of ₱ 30,000. In addition to her basic pay, she is entitled to 5% commission on net sales and is provided RATA of ₱ 8,000 monthly. During the year, Mainit Company has gross sales of ₱ 8,500,000. Sales returns and allowances amounted to ₱ 280,000. The company maintained a mark up of 60% to cover the operating expenses.
Compute the gross compensation income of Princess
for the current taxable year. ANSWER
Basic salary ( ₱ 30,000 x 12 months) ₱ 360,000
Commission [5% x ( ₱ 8,500,000 - ₱ 280,000)] 411,000
RATA ( ₱8,000 X 12) 96,000
Gross compensation income ₱ 867,000 13th Month Pay and Other Benefits
Thirteenth (13th) month pay is equivalent to the
mandatory one-month basic salary of officials and employees of the government, national or local, including government owned or controlled corporations, and private offices receive after the 12th month pay. The 13th month pay is computed by dividing the total basic salary during the year by 12 months. Cont.
Other benefits include Christmas bonus,
productivity incentive bonus, loyalty award, gifts in cash or in kind, and other benefits of similar nature actually received by officials and employees of both government and private offices. Cont.
De minimis benefits are those given by an
employer to its employees on top of their regular salaries for the general welfare of the latter. They are referred to as de minimis benefits because they are usually of relatively small value; hence. They are considered non-taxable. Cont.
Otherwise stated, any amount in
excess of ₱ 90,000 is taxable. Thus, the 13th month pay, cash gifts, and bonuses not exceeding ₱ 90,000 are not taxable nor be subject to withholding tax. ILLUSTRATION 4.3
Nicanor is the Vice-President for Operations of
Walay Ayo Company , with an annual salary of ₱ 720,000. At the end of the year, he received a cash gift of ₱ 90,000 in addition to his 13th month pay equivalent to his one-month salary.
Compute the gross compensation income of
Nicanor. ANSWER
Annual salary ₱ 720,000
Cash gift ₱ 90, 000 13th month pay ( ₱ 720,000/12) 60,000 ₱ 150,000 Gross compensation income ₱ 870,000 HOLIDAY PAY, OVERTIME PAY, NIGHT SHIFT DIFFERENTIAL, AND HAZARD EMERGENCY PLAN
Hazard pay shall mean the amount paid by the
employer to employees who were actually assigned to danger or strife-torn areas, disease-infested places, or in distressed or isolated stations and camps, which expose them to great danger of contagion or peril to life. Holiday pay, overtime pay, night shift differential pay, and hazard pay are generally taxable. ILLUSTRATION 4.4
Hyzel was paid on a statutory minimum wage of ₱
12,000 per month. In addition, she received holiday pay and overtime pay of ₱ 15,000 during the year. Is the income of Hyzel taxable? No. RR 8-2018 on RA 10963 (TRAIN Law) provides that minimum wage earners shall be exempt from the payment of income tax based on their statutory minimum wage rates. The holiday pay, overtime pay, night shift differential pay, and hazard pay received by such earner are, likewise, exempted. SEPARATION PAY
Separation pay may be taxable
or non-taxable. Separation pay is taxable if the employee voluntarily separates himself from employment (e.g., resignation). Separation pay is non-taxable on account of the following:
1. Prolonged sickness 2. Disability 3. Death 4. Reorganization of the company 5. Bankruptcy of the company ILLUSTRATION 4.5
Peter, a chemical engineer of Piyaya Company,
recently tendered his resignation from the company because he got a favorable financial offer from Laguna Company. With a monthly rate of ₱ 18,000, his total basic salary for his 10-month stay at Piyaya amounted to ₱ 180,000. He was given a hazard pay equivalent to 100% of his one-month basic salary because of his exposure to chemicals at Piyaya and an overtime pay of 5% of his total salary for 10 months. Peter also received ₱ 25,000 upon his resignation. Determine the gross compensation income of Peter from Piyaya Company. ANSWER
Basic salary for 10 months ₱ 180,000
Hazard pay 18,000 Overtime pay (₱ 180,000 x 5%) 9,000 Separation pay 25,000 Gross compensation income ₱ 232,000
The separation pay of ₱ 25,000 will form
part of the gross taxable income because the separation is voluntary. RETIREMENT PAY As a general rule, retirement pay is taxable. The exceptions are the following: 1. Retirement pay from SSS or GSIS. 2. Retirement pay from employer, provided the following requirements are complied with: a. The retirement plan of the company has been approved by the Commissioner of the BIR. b. The retiree should have been connected with the company for 10 years. c. The retiree should be at least 50 years old. d. The retiree availed the retirement for the first time. e. The retirement plan is fair and equitable to all employees regardless of position. ILLUSTRATION 4.6 Johnny, with a monthly salary of ₱ 20,000, has recently retired from Alto Company on December 31 of the current year as the company’s electrician for the last 10 years. In view of his retirement, he received from SSS his lump sum retirement of ₱ 600,000 and ₱ 300,000 from Alto Company with retirement plan duly approved by the BIR Commissioner. Before his employment with Alto Company, Johnny was connected with A1-One Company for 12 years and received retirement pay upon his separation from this company. Determine the gross compensation income of Johnny for the year. ANSWER
Basic salary (₱ 20,000 x 12 ₱ 240,000
months) Retirement pay from Alto 300,000 Company Lump sum payment from SSS 600,000 Gross compensation income ₱ 1,140,000 Cont.
It must be noted however, that the
retirement pay the retiree received from his most recent employer, Alto Company, is taxable even though he has rendered 10 years of service because he had previously received a retirement pay. Hence, the taxable compensation income is ₱ 540,000 (₱ 240,000 + ₱ 300,000). SICK LEAVE AND VACATION LEAVE
The salary of an employee on vacation or sick
leave, which is paid to him/her not withstanding his/her absence from work, constitutes taxable compensation income. However, the cash value of unutilized vacation leave of 10 days or less for the calendar year, which is paid to the employee, is not subject to tax and neither subject to creditable withholding tax. ILLUSTRATION 4.7
Alfred, with a monthly salary of ₱
24, 000, is an employee of Best Corporation. He was on leave for one month but was paid his salary while on leave. Determine the taxable income ANSWER AND ANALYSIS
Alfred is taxable on his gross
compensation of ₱ 288,000 (₱ 24,000 x 12 months), although he did not render service for one month because he was fully paid. If he decided to have his unutilized leave credits for 10 days or less converted into cash, the amount would not be a taxable compensation income. FRINGE BENEFITS
Fringe benefits means any good ,
service, or other benefit furnished or granted in cash or in kind by an employer to an individual employee in addition to his/her basic salary. Fringe benefits may be subject to final tax or basic tax. The guidelines are as follows:
1. Ifthe recipient of the fringe benefit is a rank-and-
file employee, the amount is subject to basic tax; hence, it becomes part of the gross compensation income. 2. Ifthe recipient is occupying a supervisory or managerial position, the fringe benefit is subject to final tax, otherwise known as fringe benefit tax. FORMS OF FRINGE BENEFITS
1. Living quarters or meals
2. Payment of income tax 3. Payment of insurance premium 4. Share in company’s profit 5. Bonuses and awards for exemplary performance END