Chapter 3
Chapter 3
Chapter 3
TAX
Chapter 3
DEFINITION OF A FRINGE BENEFIT
AND FRINGE BENEFIT TAX
Definition of a Fringe Benefit and Fringe Benefit Tax
The term "compensation" under Section 2.781 (A) of RR 2-98, as amended, means
all remuneration for services performed by an employee for his employer under an
employer-employee relationship, unless specifically excluded by the Code.
The name by which the remuneration for services is designated is immaterial
Thus, salaries, wages, emoluments and honoraria, allowances, commissions (e.g.
transportation, representation, entertainment and the like), fees including director's
fees if the director is at the same time, an employee of the employer/corporation;
taxable bonuses and fringe benefits except those which are subject to the fringe
benefits tax under Sec. 33 of the Code: taxable pensions and retirement pay, and
other income of a similar nature constitute compensation income
Definition of a Fringe Benefit and Fringe Benefit Tax
Fringe benefit is defined under Section 2(1) of RR 8-2018 as any goods, service or
other benefits furnished or granted by an employer in cash or in kind, other than the
basic compensation, by an employer to an individual employee except rank and file
employee as defined in Sec. 3(m) of RR 8-2019).
Under the tax code, fringe benefits subject to fringe benefits tax cover only those
fringe benefits given or furnished to a managerial or supervisory employee. The
regulations do not cover those benefits which are part of taxable compensation in
accordance with RR No. 2-98, as amended. The tax treatment of fringe benefits
given to employees is shown in table 3-1.
Definition of a Fringe Benefit and Fringe Benefit Tax
Fringe Benefit Tax (FBT) is a monetary burden imposed by the sovereignty on any
good, service, or other benefit furnished or granted by an employer, in cash or in
kind, in addition to basic salaries, to an individual employee, other than a rank and
file employee
The FBT is a final tax imposed on the employee withheld by the employer, computed
at 35% (beginning January 1, 2018 or upon the effectivity of TRAIN Law) on the
grossed-up monetary value (GUMV) of the fringe benefit granted by the employer to
an employee who holds a managerial or supervisory position.
Being a final tax, the FBT is collected or withheld at source by the employer,
meaning, at the firm's level rather than at the taxpayer's level to facilitate lax
administration. For one, valuation of benefits is easier at the firm's level and the
problem of allocating benefits among individuals is avoided. The Bureau of Internal
Revenue (BIR) has also to contend with fewer corporate tax returns.
Nature of a Fringe Benefit Tax
The following fringe benefits shall not be subject to basic tax or fringe benefit
tax:
1. Fringe benefits which are authorized and exempted from income tax under
any special law such as:
Contributions required under SSS law
Contributions required under GSIS law
Similar contributions under an existing law
Premiums for group insurance of employees
2. If the grant of fringe benefits to the employee is required by the nature of, or
necessary to the trade, business or profession of the employer.
Tax Exempt Fringe Benefits
ILLUSTRATION 2:
“Outstation Allowance (covers meals and trip-related expenses)” are
granted to the managerial and supervisory employees of Philippine
Gaming Management Corporation (PGMC) who will be away from the
office site for at least 8 hours to visit lotto franchise holders for repairs
and/or inspection of equipment leased by PGMC from Philippine Charity
Sweepstakes Office (PCSO). Should the aforementioned allowance be
subjected to tax?
Tax Exempt Fringe Benefits
Answer: No
The allowance is required by the nature of or necessary to the trade or
business of PGMC, hence, not subject to the fringe benefits tax prescribed in
Section 33(A) of the Tax Code. Consequently, it is not subject to Income Tax
and to withholding tax. By the same token, the aforestated allowance which
may be incurred or expected to be incurred by the managerial and supervisory
employees in the performance of their duties cannot be considered as part of
compensation subject to withholding tax even if the employees fail to
account/liquidate the same considering that said expenses are pre-computed
on a daily basis and are paid to employees while on an assignment or duty
(BIR Ruling No. 013-2002 dated April 5, 2002).
Tax Exempt Fringe Benefits
4.If the grant of benefits is for the convenience or advantage of the employer.
ILLUSTRATION 3:
Question 1:
Is the fair market value of the use of the condo unit by Ana a “compensation income” that is
subject to basic tax under Section 24A of the Tax Code and consequently to creditable
withholding tax on compensation income?
Answer: No.
The condo unit is provided for the convenience of the employer, hence does not constitute a
taxable fringe benefit. Being his personal secretary, it is necessary for Ana to be accessible to
Earl anytime.
Tax Exempt Fringe Benefits
Question 2:
Assuming Ana is a managerial or supervisory employee, is the fair
market value of the use of the condo by Ana a “fringe benefit” subject
to FBT?
Answer: No.
As explained in question #1, if the grant of benefits is for the
convenience or advantage of the employer, irrespective of the
employee’s rank, the benefit shall not be subject to fringe benefit tax
and basic tax on compensation income.
Tax Exempt Fringe Benefits
CASE B:
Arthur Henderson and Marie Henderson filed their annual income tax with the BIR. Arthur
is president of American International Underwriters for the Philippines, Inc., which is a
domestic corporation engaged in the business of general non-life insurance, and
represents a group of American insurance companies engaged in the business of general
non-life insurance:
The BIR demanded payment for alleged deficiency taxes. In their computation, the BIR
included as part of taxable income:
Arthur’s allowances for rental, residential expenses, subsistence, water, electricity and
telephone expenses
Entrance fee to the Marikina Gun and Country Club which was paid by his employer for his
account, and
Travelling allowance of his wife
Tax Exempt Fringe Benefits
Ruling:
The Supreme Court ruled that the claims are not part of taxable income
because no part of the allowances in question redounded to their
personal benefit, nor were such amounts retained by them. The bills were
paid directly by the employer-corporation to the creditors. The rental
expenses and subsistence allowances are to be considered not subject to
income tax. The taxpayer’s high executive position and social standing,
demanded and compelled the couple to live in a more spacious and
expensive quarters. Such “subsistence allowance” was a separate account
from the account for salaries and wages of employees. The company did
not charge rentals as deductible from the salaries of the employees.
These expenses are company expenses, not income by employees which
are subject to tax (Collector vs Henderson).
Computation of Fringe Benefit Tax
The rates of fringe benefit tax vary depending on how the employees are taxed. The
reason is that the FBT tends to recover the income tax of the employee so the rate
follows the income taxation of such employees shown in table 3-2 below:
TABLE 3-2: FRINGE BENEFIT TAX BASE AND RATE
Classification of Taxpayers CIT.,RA,NRAET NRA-NETB
Monetary value Pxx Pxx
Divide by gross monetary value factor 65%* 75%
Grossed-up monetary value Pxx Pxx
x FBT Rate 35%* 25%
Fringe Benefit Tax (FBT) Pxx Pxx
NOTE:
Prior to Jan. 1, 2018, the FBT rate was 32%
FBT RATES
ILLUSTRATION 4:
Determine the grossed-up monetary value and the fringe benefit tax of the
following (if applicable) for 2018 taxable year:
P39 grocery allowance for the personal consumption of an executive of
ABC Corporation.
P40,800 expenses paid by an executive of ABC Corporation duly receipted
for in the name of ABC Corporation and is not in the nature of personal
expense.
P40,800 expenses incurred by an executive of ABC Corporation in
connection with attending business meeting or convention.
P40,800 grocery allowance for the personal consumption of one of ABC
Corporation’s rank and file employees.
FBT RATES
Answers:
GUMV=P39k/65%x35%=P21,000
GUMV= P40,800**; FBT = P0
**The expenditure is not in the nature of personal expense of the
company’s executive, hence, it is not a fringe benefit taxable to the
employee. It is an ordinary business expenditure of ABC Corporation.
GUMV = P40,800; FBT = P0; same explanation with #2
GUMV = P40,800 same with monetary value
FBT = P0** ; subject to basic tax
The grossing up of fringe benefits was adopted in order to align the
tax treatment of fringe benefits with salaries and wages.
Compensation incomes presented in the income tax returns of
individual taxpayers are at gross amounts, meaning, the income tax
payable on it are included in the computation. The fringe benefits
are therefore grossed-up so that the income tax is also considered
as part of the total benefit. The grossed-up monetary value of the
fringe benefit represents the entire income earned by the employee. This
includes the net amount of money received or the net monetary value of
any property received (known as “monetary value”) and the amount of FBT
received by the employee from the employer.
Valuation of fringe benefits
1. Monetized unused vacation leave credits of private employees not exceeding "10
days" during the year.
Payment of monetized unused "vacation" leave credits exceeding 10 days as well
as payment of "sick" leave, regardless of number of days shall be added to "other
benefits" with a P90,000 ceiling. Any amount exceeding the P90,000 ceiling
discussed in page 156 shall be subject to basic and creditable withholding tax on
compensation income (R.R. No. 8- 2018)
2. Monetized value of vacation and sick leave credits paid to government officials
and employees.
Compared to employees in the private sector, payment of monetized unused
"vacation and sick" leave credits to government officials/employees regardless of
the number of days shall be exempt from tax on compensation income.
3. Medical cash allowance to dependents of employees not exceeding P1 ,
500 per semester or P250 a month.
4. Rice subsidy of not more than P2.000 per month or 1 sack (50kg.) rice per
month.
5. Uniforms given to employees by the employer not exceeding P6,000 per
annum (as amended by RR 8-2018).
6. Actual medical assistance given not exceeding P10,000 per annum such
as medical allowance to cover medical and healthcare needs, annual
medical/executive check-up, maternity assistance and routine consultations.
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 and annual monetary value not
exceeding P10,000 under an established written plan which does not
discriminate in favor of highly paid employees).
9. Gifts given during Christmas and major anniversary celebrations not
exceeding P5,000 per employee per annum (RR 8-2012).
10. Daily meal allowance for overtime work and night/graveyard shift not exceeding
25% of the basic minimum wage on a per region basis provided such benefit is given
on account of overtime work or if given to employees on night/graveyard shift.
The grant of meal allowance, if not for overtime work or night/graveyard shift, should
be subject to income tax (RR 05-2011). However, meal allowance and lodging
furnished by the employer to the employees are exempt from tax if furnished for the
"advantage or convenience of the employer”. Meal allowance, in this particular case,
should be furnished within the premises of the employer.
Christmas bonus
Productivity incentive bonus
Loyalty awards
Gifts in cash or in kind and other benefits of similar nature actually
received by officials and employees of both government and private
offices
Further, RR 3-2015 emphasized that this exclusion from gross
income is not applicable to:
CASE A:
In 2018, a domestic corporation paid for the monthly rental of a residential house
of its branch manager, Mr. Juan Dela Cruz, amounting to P156,000. (Assume there is
no transfer of ownership)
Question 1: What is the monetary value of the benefit?
Question 2: What is the grossed-up monetary value of the benefit?
Question 3: How much is the fringe benefit tax?
Question 4: Total amount deductible by the employer from its gross income?
Question 5: What is the appropriate journal entry to record the provision of the
above benefit?
Answers:
Question 1: P78,000
Question 2: P120,000
Question 3: P42,000
Question 4: P198,000
Question 5: Too record the transaction, the following journal entries should be made
by the employer for the month:
Fringe benefit expenses P156,000
Fringe benefit tax expenses 42,000
Cash (Rental payment) P156,000
F.B. Tax Payable 42,000
Solution:
1: P20,833
2: P32,051
3: P0
4: P11,218
5: P11,218
Solution:
The following housing benefits shall not be considered taxable fringe benefits (Section 33 – tax
code):
1. Housing unit inside or adjacent (within 50 meters) from the
perimeter of the business premises.
Under this category, the value of the benefit representing the amount given or paid by the
employer should also be the “monetary” value of the benefit.
Expense account
a. Fringe benefits which are authorized and exempted from income tax
under Tax Code or under any special law (Page 155).
b. The fringe benefit is required by the nature of or necessary to the
trade, business or profession of the employer (Page 155).
c. When the fringe benefit is for the convenience or advantage of the
employer (Page 166).
d. Contributions of the employer for the benefit of the employee to
retirement, insurance and hospitalization benefit plans.
e. Benefits given to rank and file employees.
f. Non-taxable housing benefits discussed in Page 170.
g. Other non-taxable benefits discussed in this chapter.
Use of Craft and Helicopters
The tax return shall be filed and tax paid/remitted not later
than the last day of the month following the close of the
quarter during which withholding was made (TRAIN LAW RR
11-2018).
ILLUSTRATION 5:
Assume an employer furnished cash fringe benefit subject
to fringe benefit tax amounting to P975, 000 during the
first quarter of 2020 taxable year.
What should be the appropriate journal entry in the books
of the employer?
Answer:
Fringe benefit expense.
P975, 000
(monetary value)
Fringe benefit tax expense
P525, 000
(P975, 000/65%) x 35%
***The P1, 500,000 grossed-up monetary value is composed of P975, 000 paid to the
employee and P525, 000 paid/remitted to the BIR.
BIR Form No. 1603Q
P3.1. Determine if the following incomes are subject to basic tax, fringe benefit tax or
exempt from tax by putting a check mark in the column provided below. If the value of
the benefit is provided, indicate the correct amount.
1. XYZ Co. leased a residential house for the use of its branch manager. The rent per
agreement was PI 65,000 per month.
a) How much is the monetary value of the benefit for the month?
2. XYZ Company owns a residential area which is assigned to its officer for use. The
following data pertain to the residential property
Cost P5,000,000
c) How much is the monetary value of the benefit for the quarter?
3. Using the same data in no. 2, and assuming that XYZ Company transferred the
ownership of the residential property in the name of the officer, answer the following:
a) How much is monetary value of the benefit?
b) How much is the fringe benefit tax?
4. Chen Company purchased a motor vehicle for the use of its manager. The vehicle
was registered in manager's name. The cost of the vehicle was P1,200,000 used partly
for personal purposes and partly for the benefit of the company. Compute the
following.
c) Monetary value of the benefit
d) Fringe benefit tax
P3.6. SPECIAL RULES IN COMPUTING THE MONETARY VALUE OF
FRINGE BENEFITS
5. Using the same data in no. 4 and assuming that Chen shouldered only a portion of
the cost of the car in the amount of P800,000 and the balance paid by the manager,
determine the following:
a) Monetary value of the benefit
b) Fringe benefit tax
6. Using the same data in no. 4 and assuming that Chen purchased the car in the
name of the manager on installment basis. Determine the following:
c) Monetary value of the benefit
d) Fringe benefit tax
TRUE OR FALSE
Write True if the statement is correct, otherwise, write False
4. Fringe benefits subject to fringe benefit tax cover only those fringe benefits given
or furnished to a managerial or supervisory employee.
5. Fringe benefit tax shall be treated as a final income tax on the employee withheld
and paid by the employer on a quarterly basis.
TRUE OR FALSE
Write True if the statement is correct, otherwise, write False
6. The grossed-up monetary value of the fringe benefit is the actual amount received by the
employee.
7. The grossed-up monetary value of the fringe benefit shall be determined by dividing the
monetary value of fringe benefit by the grossed up monetary value factor.
8. The person liable for fringe benefit tax is the employer, whether he is an individual,
professional partnership or a corporation regardless of whether the corporation is taxable
or not or the government and its instrumentalities
9. A managerial employee is one who is vested with powers of prerogatives to lay down and
execute management policies and/or to hire, transfer, suspend, lay-off, recall discharge,
assign or discipline employees, or to effectively recommend such managerial actions.
10. The grant of fringe benefits to the employee is exempt from tax if such grant is required by
the nature of, or necessary to the trade, business or profession of the employer.
TRUE OR FALSE
Write True if the statement is correct, otherwise, write False
11. The amount on which the fringe benefit tax rate is applied is the monetary value of
the fringe benefit.
12. The amount on which the fringe benefit tax rate is applied is the amount
deductible by the employer from its gross income.
13. Grossed-up monetary value is reflected in the books of accounts as fringe benefit
expense and fringe benefit tax expense.
14. Failure to withhold the required tax on salary is collectible from the employer.
15. Failure to withhold the correct amount due to false information supplied by the
employee shall be the liability of the employee.