BAINCTAX
Income Taxation
1TAY2022
                             Regular Income Taxation
                             Compensation
                             Income
     TYPES OF EMPLOYEES
     It is to be noted that one should know where an employee is classified as there are different tax rules for each classification.
                                            Those who are given powers or prerogatives to lay down and execute managerial policies
                            Managerial      and/or to hire, transfer, suspend, lay-off, recall, discharge, assign or discipline
                                            employees.
       As to Function                       Those who effectively recommend such managerial actions if the exercise of such
                           Supervisory      authority is not merely routinary or clerical in nature but requires the use of independent
                                            judgment.
                           Rank-and-file    Those who hold neither managerial nor supervisory functions.
                          Minimum Wage Employees who are recipients of minimum wage. They are exempt from income tax on
      As to Taxability Earners (MWEs) their compensation.
                              Regular       Employees who are subject to the regular progressive income tax.
                              Private       Those who are employed in the private sector. They normally pays the SSS Contributions.
                                            Those who are employed by any government body including its political subdivisions.
       As to Employer
                           Government       This employee normally pays the GSIS Contributions. Their basic pay is normally based
                                            on salary grades.
Regular Income Taxation                          Compensation Income                                          page 1
     TAX MODEL ON COMPENSATION INCOME
     Let us look at a portion of BIR Form 2316 to see the tax model on compensation income.
     Let us assume that there is only one employer connected with employee and no other sources income on his part during the
     taxable year. We can further simplify the tax model as:
                                                                      Gross Compensation Income                      xx
                                                                      Non-Taxable Compensation Income               (xx)
                                                                      Taxable Compensation Income                    xx
                                                                      Tax Due                                        xx
                                                                      Tax Withheld                                  (xx)
                                                                      Tax Payable                                    xx
Regular Income Taxation                         Compensation Income                                     page 2
     Remember that purely employed individuals may
     qualify for the substituted filing of income tax
     return. This is because normally, its employer
     annualizes all its taxable compensation income and
     this would result to a nil amount of tax still due.
     To illustrate the flow of the topics in this module and
     how it relates to the tax model. You may look at the
     diagram below.
     Firstly, we will determine those items which are
     non-taxable for us to only consider those taxable
     items later on. We will then work our way up to
     compute for the taxable compensation income.
Regular Income Taxation                           Compensation Income   page 3
     EXEMPT COMPENSATION INCOME
     The following are the items of exempt compensation income when referring to Form 2316.
                                 This includes the P250,000 exemption threshold which is the first bracket in the progressive tax
                                 table. This should also include the Statutory Minimum Wage of a minimum wage earner.
              Basic Salary
                                 It should be noted, however, that if the taxable regular and supplementary compensation is less
                                 than P250,000, the actual amount will be added in lieu of the P250,000.
            Supplementary        This would include Holiday Pay, Overtime Pay, Night Shift Differential pay and Hazard Pay.
       Compensation of MWE
         13th Month Pay and      As provided by the tax code, the first P90,000 is exempt, any excess over this amount is part of
            Other Benefits       Supplementary Compensation. The composition of this item will be discussed later.
                                 This would include petty benefits which are within the limits provided. This is further discussed
         De Minimis Benefits
                                 later in this module.
                                 Employee Share on the mandatory contributions to SSS, GSIS, PHIC and HDMF are non-taxable.
      Mandatory Contributions
                                 The same goes to union dues.
      Salaries and Other Forms This is the catch-all basin for all other exempt benefits as provided by tax and special laws. These
           of Compensation       are, but not limited to, the following:
Regular Income Taxation                         Compensation Income                                        page 4
                                    a. Exempt retirement benefits under RA 7641 including exempt retirement gratuities to
                                      government officials and employees
                                    b. Exempt termination benefits
                                    c. Benefits from the United States Veterans Administration
                                    d. Social security, retirement gratuities, pensions, and similar benefits from foreign government
                                      agencies and other institutions, private or public
                                    e. Benefits from SSS, under the SSS Act of 1954, as amended f. Benefits from GSIS under the
                                      GSIS Act of 1937, as amended
                                    f. Personal Economic Relief Allowance of government employees
                                    g. Benefits exempt under treaty or international agreements
                                    h. Benefits necessary to the trade, business, or conduct of profession of the employer
                                    i. Benefits for the convenience or advantage of the employer
     DE MINIMIS BENEFITS
     De minimis benefits are facilities or privileges such as entertainment, medical services, or courtesy discounts on purchases that
     are of relatively small value and are furnished by the employer merely as a means of promoting the health, goodwill,
     contentment, or efficiency of his employees. De minimis benefits are petty fringe benefits exempt from income tax. As originally
     conceived, other petty fringe benefits which fall within the purview of de minimis even if not part of the de minimis list are
Regular Income Taxation                         Compensation Income                                         page 5
     normally treated as de minimis and are also exempt from income tax. However, the BIR and the Department of Finance changed
     the rule wherein the term "de minimis benefits" was restricted to mean only the following:
                                            De Minimis Benefit                                                  Limit
      Monetized unused vacation leave credits of private employees                                        10 days per year
      Monetized unused vacation and sick leave credits of government employees                                 -no limit-
      Medical Cash allowance to dependents                                                              P1,500 per semester
      Rice subsidy                                                                                       P2,000 per month
      Uniform and Clothing Allowance                                                                      P6,000 per year
      Actual Medical Assistance                                                                           P10,000 per year
      Laundry Allowance                                                                                   P300 per month
      Employee Achievement Award, in the form of non-cash tangible property                               P10,000 per year
      Christmas and Anniversary gifts                                                                     P5,000 per year
      Daily meal allowance for overtime work and night or graveyard shift                              25% of minimum wage
      Benefits received under Collective Negotiation Agreement/Collective Bargaining Agreement and
                                                                                                          P10,000 per year
      Productivity Enhancement Incentive schemes
Regular Income Taxation                        Compensation Income                                    page 6
      Take note that if the benefits received under CNA/CBA and PEI schemes which exceed P10,000 shall be fully considered as
      excess de minimis.
     Excess De Minimis Benefits
     Amounts in excess of these regulatory limits are called excess de minimis benefits.
     Taxable De Minimis Benefits
     This includes the excess de minimis benefits and other benefits of relatively small value that not included in the list of de minimis
     benefits under RR 11-2018.
     Treatment
     The table below summarizes the treatment for the taxable de minimis benefits basing on the type of employee as to their function.
                    Function                                                         Treatment
      Managerial or Supervisory             Subject to Fringe Benefit Tax (Final Tax)
      Rank-and-File                         Part of 13th Month Pay and Other Benefits
     Since those taxable de minimis benefits earned by employees occupying managerial or supervisory functions is subject to FBT
     which is a form of final tax, such is not reported in the Form 2316.
Regular Income Taxation                           Compensation Income                                          page 7
      Illustration 9.1    DE MINIMIS BENEFIS
      Lula is paid at a P750 daily rate. In addition to the basic pay, she received the following during the year.
              Monetized unused vacation days                                                                              11 days
              Monetized unused sick days                                                                                   8 days
              Medical cash allowance to dependents                                                           P1,000 per quarter
              Rice subsidy                                                                                    P2,200 per month
              Uniform allowance                                                                                            P5,000
              Medical allowance for healthcare needs of Lula                                                               P8,500
              Laundry allowance                                                                                P350 per month
              Cash Achievement Award                                                                                       P5,000
              Anniversary Gift                                                                                             P6,000
              Collective bargaining agreement benefits                                                                    P10,000
      Scenario 1: Lula is a private employee.                                Scenario 2: Lula is a government employee.
                                            Actual      Limit       Excess                                   Actual       Limit     Excess
         Monetized unused VL                    8,250    7,500         750     Monetized unused VL            8,250 Unlimited            -
         Monetized unused SL                    6,000           -    6,000     Monetized unused sick days     6,000 Unlimited            -
         Medical cash allowance                 4,000    3,000       1,000     Medical cash allowance         4,000         3,000    1,000
         Rice subsidy                        26,400 24,000           2,400     Rice subsidy                  26,400        24,000    2,400
Regular Income Taxation                            Compensation Income                                          page 8
         Uniform allowance                   5,000    6,000           -   Uniform allowance              5,000       6,000        -
         Medical allowance                   8,500 10,000             -   Medical allowance              8,500      10,000        -
         Laundry allowance                   4,200    3,600        600    Laundry allowance              4,200       3,600     600
         Cash Achievement Award              5,000        -       5,000   Cash Achievement Award         5,000           -    5,000
         Anniversary Gift                    6,000    5,000       1,000   Anniversary Gift               6,000       5,000    1,000
         CBA benefits                       10,000 10,000             -   CBA benefits                  10,000      10,000        -
         Total                              83,350            16,750      Total                         83,350               10,000
      The amount of P66,600 (P83,350-P16,750) for Scenario 1 and P73,350 (P83,350-P10,000) for Scenario 2 will be exempt as these
      are within the limits. It will be reflected on item 33 on Form 2316.The taxable de minimis benefits computed in both scenarios
      will be part of 13th Month Pay and Other Benefits if Lula is a rank-and-file employee or subject to Fringe Benefit Tax if she
      holds either managerial or supervisory position.
     13TH MONTH PAY AND OTHER BENEFITS
     The following are the items of this category.
        1. 13th month pay, 14th month pay, 15th month pay, etc.
        2. Christmas bonus of private employees
        3. Cash gifts other than Christmas or Anniversary gifts of private employees
Regular Income Taxation                          Compensation Income                                       page 9
        4. Additional Compensation Allowance (ACA) of government employees
        5. Other fringe benefits of rank-and-file employees
            a. Taxable de minimis benefits
            b. Personal expenses shouldered by the employer
     The exemption threshold of the aggregate amount of these items is P90,000. This means that that first P90,000 is exempt and any
     excess is added as part of Supplementary Compensation reported in item 46 under Form 2316.
      Illustration 9.2    13TH MONTH PAY AND OTHER BENEFITS
      Luna received the following benefits during the year:
                 13th Month Pay                                                                        30,000
                 14th Month Pay                                                                        30,000
                 Excess de minimis benefits                                                            25,000
                 Personal expenses reimbursed by the company                                           10,000
                 Christmas Gift                                                                         5,000
      The taxable 13th MP&OB shall be computed as follows:
                                                                Private R&F     Private M/S   Gov’t R&F`        Gov’t M/S
             13th Month Pay                                            30,000        30,000        30,000             30,000
             14th Month Pay                                            30,000        30,000        30,000             30,000
Regular Income Taxation                          Compensation Income                                        page 10
             Excess de minimis benefits                               25,000             -        25,000                  -
             Personal expenses reimbursed by the company              10,000             -        10,000                  -
             Christmas Gift                                                -             -         5,000              5,000
             Total                                                    95,000        60,000       100,000             65,000
             Exemption Threshold                                      90,000        90,000        90,000             90,000
             Taxable 13th Month Pay and Other Benefits                 5,000             -        10,000                  -
     SUPPLEMENTARY COMPENSATION
     These are additional compensation which are performance-based remunerations. These are given with or without regard to the
     payroll period. The following are the items of supplementary compensation.
       Overtime, Holiday,     These constitute additional compensation, except when derived by a minimum earner.
       Hazard, and Night
         Differential Pay
       Taxable 13th Month     This is the excess of the 13th MP&OB over the P90,000 exemption threshold.
          Pay and Other
             Benefits
Regular Income Taxation                         Compensation Income                                        page 11
          Commissions,       Commissions are incentives intended to stimulate sales. These may be given as a profit sharing or
          Emoluments,        performance bonus. Emoluments pertain to any pay in general while honoraria are additional
            Honoraria        payments for attending to special tasks or assignments.
                             If an employee receives free living quarters or meals in addition to salary for services rendered, the
        Living Quarters or   value to the employee of such living quarters or meals is included in compensation income. However,
              Meals          when the same was furnished to an employee for the convenience of the employer or out of necessity
                             of the employer's business, the value thereof is not compensation income, but a business expense.
                             Under various stock option plans, employees are given the privilege to buy shares at an agreed exercise
                             price after meeting stipulated vesting conditions. The option will have value when the stock of the
       Stock Option Plans
                             employer increases in value above the exercise price at exercise date. The value of the option is the
                             discount at exercise date.
                             Fees are received by an employee for the services rendered to the employer including a director's fee
                             of the company; fees paid to the public officials, such as clerks of court or sheriffs for services rendered
                             in the performance of their official duty over and above their regular salaries. •
               Fees
                             Legal fees paid by a union on behalf of its president constitute compensation. Marriage fees, baptismal
                             offerings, sums paid for conducting masses for the dead, and other contributions received by a
                             clergyman, evangelist, or religious worker for services rendered are considered compensation.
Regular Income Taxation                          Compensation Income                                          page 12
       Taxable Retirement    Those which did not meet requisites for exemption are taxable as supplementary compensation.
       and Separation Pay
                             Profit sharing is a reward for churning the business to post a profit. It is a compensation for controlling
                             all the factors that influence profit such as marketing and sales, productivity, and administrative
         Profit Sharing or   factors. It is a reward which can be enjoyed by individual employees such as salesmen, division heads,
          Taxable Bonus      key officers, or by all employees collectively. Bonuses are supplemental or additional compensation.
                             However, if they are linked solely to productivity under the productivity incentive plan of the employer
                             pursuant to RA 6971, they should be considered as de minimis benefits.
                                                          Let us look at its designated portion in the Form 2316 on how they are
                                                          reported.
                                                          Those which are not specifically identified in the return can be specified
                                                          under item 49.
Regular Income Taxation                          Compensation Income                                          page 13
     REGULAR COMPENSATION
                           The regular compensation includes fixed remunerations due to be received by an employee every
                           period such as:
                             1. Basic salary
                             2. Fixed allowances such as cost-of-living allowance, fixed housing allowance, representation,
            Inclusions
                               transportation, and other allowances paid to an employee every payroll period
                           Fixed Allowances are those which are fixed in amounts and regularly received as part of the basic
                           monthly, bi-weekly, weekly or daily salaries or wages are part of regular compensation. This applies
                           even if a portion of the allowances are actually used in the employer's business.
                             a. Ordinary and necessary allowances for travelling, representation or entertainment expense of
                               employees incurred in the pursuit of the employer' trade, business or profession.
                             b. The expense is subject to accounting or liquidation.
          Exception Rule
                             c. Any excess advances are returned to the employer.
                           Hence, variable and liquidated allowances are not subject to tax. However, amounts of allowances that
                           are retained by the employee for himself shall be considered compensation.
                           The paid absences of an employee applied against his vacation or sick leave credits which are
          Paid Absences
                           normally received as part of the regular salary is part of the regular compensation.
Regular Income Taxation                        Compensation Income                                        page 14
     Let us look at the portion designated for Regular
     Compensation on Form 2316.
     Similar to supplementary compensation, those items which
     are not specifically identified as regular compensation
     income in the form can be specified under item 42.
     FLOWCHART OF TAX TREATMENTS
     Following is a flowchart of the tax treatments to guide you. When using this flowchart, it is imperative that you know where a
     certain item of compensation is classified.
Regular Income Taxation                            Compensation Income                                   page 15
Regular Income Taxation   Compensation Income   page 16
      Illustration 9.3    COMPREHENSIVE
      Jackie earned the following during the taxable year.
                     Monthly Basic Pay, net of P3,500 mandatory deductions                     26,500
                     Overtime Pay                                                              12,000
                     Collective Negotiation Agreement                                          25,000
                     Midyear Bonus (13th Month Pay)                                            30,000
                     Yearend Bonus (14th Month Pay)                                            30,000
                     Christmas Gift                                                             5,000
                     Clothing Allowance                                                         6,000
                     Monetized Unused Vacation Days (five days)                                 7,500
                     Monetized Unused Sick Days (three days)                                    4,500
                     Anniversary Gift                                                           5,000
      The taxable 13th MP&OB shall be computed as follows:
                                                               Private R&F     Private M/S   Gov’t R&F`        Gov’t M/S
             Taxable Monetized VL                                          -             -              -                  -
             Taxable Monetized SL                                          -             -              -                  -
             Taxable Anniversary/Christmas Gift                        5,000         5,000              -                  -
             Taxable CNA Benefit                                      25,000        25,000       25,000               25,000
Regular Income Taxation                         Compensation Income                                         page 17
             Taxable Clothing Allowance                                     -              -             -                   -
             Excess De Minimis Benefits                               30,000         30,000        25,000               25,000
             Subject to Fringe Benefit Tax                                  -       (30,000)             -         (25,000)
             Taxable De Minimis Benefits                              30,000               -       25,000                    -
             Midyear Bonus                                            30,000         30,000        30,000               30,000
             Yearend Bonus                                            30,000         30,000        30,000               30,000
             Christmas Gift                                                 -              -        5,000                5,000
             Total 13th Month Pay and Other Benefits                  90,000         60,000        90,000               65,000
             Exemption                                               (90,000)       (60,000)      (90,000)         (65,000)
             Taxable 13th Month Pay and Other Benefits                      -              -             -                   -
             Overtime Pay                                             12,000         12,000        12,000               12,000
             Supplementary Compensation                               12,000         12,000        12,000               12,000
             Regular Compensation (26,500 x 12)                      318,000        318,000       318,000              318,000
             Taxable Compensation before P250,000 threshold          330,000        330,000       330,000              330,000
       It will be reported in Form 2316 as:
                                                              Private R&F       Private M/S    Gov’t R&F`       Gov’t M/S
             Gross Compensation Income                               485,000        455,000       485,000              460,000
Regular Income Taxation                        Compensation Income                                           page 18
             Non-Taxable Compensation Income                       (405,000)      (375,000)      (405,000)        (380,000)
             Taxable Compensation Income                              80,000         80,000         80,000             80,000
     MINIMUM WAGE EARNER
     A minimum wage earner refers to a worker in the private sector who is paid the minimum wage or to an employee in the public
     sector with compensation income of not more than the statutory minimum wage (i.e., those with salary grade 1 to 3) in the non-
     agricultural sector where he or she is assigned. The statutory minimum wage refers to rate fixed by the Regional Tripartite Wage
     and Productivity Board of the Department of Labor and Employment or P5,000/month or P60,000/year, whichever is higher.
     As discussed previously, their Basic, Holiday, Hazard, Overtime and Night Differential Pays are non-taxable despite presence
     of other forms of income.
     Rules on Change in Status
        1. When an employee becomes a minimum wage earner during the year, he/she shall be subject to income tax only on
          compensation earned before becoming a minimum wage earner.
        2. When an employee ceases to be a minimum wage earner during the year, due to increase in salary, only the income for
          the rest of the year is taxable.
     COLA Treatment
     COLA forms part of statutory minimum wage, thereby, it is exempt.
Regular Income Taxation                         Compensation Income                                          page 19
      Illustration 9.4      MINIMUM WAGE EARNER
      Tiana was a minimum wage earner from January 1 to June 30 of the taxable year. She was promoted effective July 1 and was
      given a salary rate higher than the statutory minimum wage. The following are the benefits she received during the year.
                                                                           Jan 1 – Jun 30             Jul 1 – Dec 31
                          Monthly Basic Pay                                          9,000                   15,000
                          13th Month Pay                                                 -                   12,000
                          Rice Subsidy                                               6,000                    6,000
                          Medical Allowance to Dependent                             1,000                    2,500
                          Holiday Pay                                                2,000                    4,000
                          Overtime Pay                                               5,000                    7,000
                          Commission                                                45,000                   78,000
                          Total Mandatory Deductions                                 3,000                    4,000
      Her taxable income for the year would be computed as follows:
                                                                           Actual            Limit          Excess
                          Rice Subsidy                                     12,000            24,000               -
                          Medical Cash Allowance (Jan-Jun)                  1,000             1,500               -
                          Medical Cash Allowance (Jul-Dec)                  2,500             1,500          1,000
                          Total Taxable de minimis                                                           1,000
Regular Income Taxation                              Compensation Income                                          page 20
                          13th Month Pay                                                           12,000
                          13th Month Pay and Other Benefits                                        13,000
                          Exemption Threshold                                                      90,000
                          Taxable 13th Month Pay and Other                                              -
                          Benefits
                          Holiday Pay                                                               4,000
                          Overtime Pay                                                              7,000
                          Commission                                                              123,000
                          Supplementary Compensation                                              134,000
                          Regular Compensation (90,000-4,000)                                      86,000
                          Taxable Compensation Income before P250,000 threshold                   220,000
      To conform with the format of the Form 2316, it shall be reported as:
                          Gross Compensation Income                                               312,500
                          Less: Non-Taxable/Exempt Income (92,500 + 220,000*)                     312,500
                          Gross Taxable Compensation Income                                             -
      Since the taxable compensation income before the P250,000 threshold of P220,000 is lower than the exemption threshold, this
      is the amount added to the P92,500 non-taxable income.
Regular Income Taxation                           Compensation Income                                   page 21
     SUBSTITUTED FILING
     As discussed in Module 4, pure compensation income earners may be relieved from the obligation to file their annual income
     tax return if they have no taxable income from other sources other from their lone employer. The employee may avail of the
     substituted filing system wherein the employer shall withhold the income tax of the employee's compensation. The Form 1700,
     however, is required if the employee has other taxable income or has more than one employer, either concurrent or successive,
     during the year.
      Illustration 9.5    SUBSTITUTED FILING
      Pri Lance has two concurrent employers during the taxable year, both of which are not knowledgeable of Pri’s employ on the
      other. He does not hold any managerial or supervisory position on either employer. He received the following benefits during
      the year.
                                                                          Employer A          Employer B
                      Basic Pay                                                140,000            380,000
                      13th Month and Other Benefits                             50,000             85,000
                      Overtime Pay                                              16,000                   -
                      Holiday Pay                                               12,000             28,000
                      Commission                                                60,000                   -
                      Tax Withheld                                                   -             32,000
Regular Income Taxation                         Compensation Income                                      page 22
      More likely, the employers will treat his income as being earned only at their company. Pri would then consolidate such for
      the filing of Form 1700.
                                                                       2316 (A)     2316 (B)            1700
                      13th Month Pay and Other Benefits                  50,000          85,000      135,000
                      Exemption Threshold                                90,000          90,000       90,000
                      Taxable 13th MP&OB                                      -               -       45,000
                      Overtime Pay                                       16,000               -       16,000
                      Holiday Pay                                        12,000          28,000       40,000
                      Commission                                         60,000               -       60,000
                      Supplementary Compensation                         88,000          28,000      161,000
                      Regular Compensation                              140,000      380,000         520,000
                      Taxable Compensation Income                       228,000      408,000         681,000
      His Form 2316 from both employers would look like this:
                                                                         Employer A               Employer B
                      Gross Compensation Income                               278,000                493,000
                      Less: Non-Taxable/Exempt Income                        *278,000                335,000
                      Gross Taxable Compensation Income                              -               158,000
Regular Income Taxation                         Compensation Income                                        page 23
                      Tax Due                                                        -             32,000
                      Tax Withheld                                                   -             32,000
                      Tax Payable                                                    -                  -
      *Take note that the taxable compensation income is less than the P250,000 exemption threshold.
      In the Form 1700, however, the P250,000 is not included reported as exempt compensation.
                      Gross Compensation Income (278,000+493,000)                                771,000
                      Less: Non-Taxable/Exempt Income (the threshold for 13thMP&OB)               90,000
                      Gross Taxable Compensation Income                                          681,000
                      Tax Due                                                                    100,250
                      Less: Tax Credits (Tax Withheld)                                            32,000
                      Tax Payable                                                                 68,250
     FILING AND DEADLINE OF RELEVANT FORMS
     The following are the relevant forms for compensation income.
Regular Income Taxation                         Compensation Income                                        page 24
                                                                                                                                            Deadline
              Form                                                     Name
                                                                                                                          Manual Filing                     eFPS Filing
                                    Monthly Remittance Return of Income On or before the tenth (10th) day of 11th-15th                                          day        following
                                    Taxes Withheld on Compensation                                              the following month in which withholding month depending on
             1601C                                                                                              withholding was made             the taxpayer’s line of business
                                                                                                                Except for December Return which Except for December return which
                                                                                                                is due on January 15             is generally due on January 20
                                    Annual Information Return of Income On or before January 31 of the year following the calendar year in which
             1604C                  Taxes Withheld on Compensation                                              the compensation payment and other income payments were paid or
                                                                                                                accrued
                                    Certificate of Compensation Payment / To be issued to payee on or before January 31 of the succeeding year in
                                    Tax           Withheld                  for         Compensation which the compensation was paid, or in cases where there is
               2316
                                    Payment with or Without Tax Withheld termination of employment, it is issued on the same day the last
                                                                                                                payment of wages is made.
     References:
     Banggawan, R. (2019). Income Taxation. Pasay City: Real Excellence Publishing.
     Valencia, G. & Roxas, E. (2016). Income Taxation. Baguio City: Valencia Educational Supply.
     Reyes, V. (2019). Income Tax Law and Accounting under the TRAIN Law. Manila: GIC Enterprises & Co., Inc.
     Ampongan O. (2018). Income Taxation. Mandaluyong City: Millennium Books, Inc.
Regular Income Taxation                                                                        Compensation Income                                        page 25
      Self-Check!
      Basing on your readings, answer the following questions.
        1.   Classify employees as to their functions, taxability and employer.
        2.   What are the relevant forms to be filed in connection to compensation income?
        3.   What items of compensation income are non-taxable?
        4.   What are the specific items of de minimis benefits and what are their exemption limits?
        5.   What is the tax treatment for excess de minimis benefits?
        6.   What is the exemption threshold for 13th Month Pay and Other Benefits? How is the excess over that amount treated?
        7.   What are the items of supplementary compensation?
        8.   What are the items of regular compensation?
        9.   To what extent are minimum wage earners exempt on their compensation income?
        10. What are the rules on change in status of MWEs?
        11. What is the effect of more than one employer, whether concurrent or successive, on the income tax return of a purely
             employed taxpayer?
      Exercise 9.1        TRUE OR FALSE
      Determine whether the following statements are true or false.
Regular Income Taxation                          Compensation Income                                     page 26
           1.   A regular employee is subject to regular income tax only.
           2.   The overtime pay of MWEs is exempt from income tax.
           3.   An employee who became a MWE during the year is exempt from tax for the entire year.
           4.   The excess of 13th MP&OB over P90,000 is considered as compensation income.
           5.   The Christmas gift of private employees forms part of “other benefits” while that of government employees is
                considered as a de minimis benefit.
           6.   Fixed allowances are supplemental compensation.
           7.   Benefits from productivity incentive schemes are treated as a de minimis benefit.
           8.   Benefits for the advantage of the employee are exempt from income tax.
           9.   The excess of the 13th MP&OB over the P90,000 is subject to Fringe Benefit Tax if the employee holds either a
                managerial or supervisory function.
           10. The sick leave credit of government employees up to 10 days is exempt de minimis.
           11. Only the mandatory amount of contributions to SSS/GSIS, PHIC and HDMF is non-taxable.
      Exercise 9.2          MULTIPLE CHOICE
      Choose the best answer from the choices provided.
      1.        Which of the following is a taxable compensation income?
Regular Income Taxation                               Compensation Income                                     page 27
            a. Separation pay die to resignation
            b. Retirement pay under BIR approved retirement plan
            c. Separation pay due to disability
            d. Terminal pay due to death
      2.    Which of the following is a taxable compensation income?
            a. Employee share in social security contributions
            b. Cost of living allowance
            c. De minimis benefits within their limits
            d. Separation pay due to closure of employer’s business
      3.    Meal allowance is taxable when given
            a. For overtime duty
            b. In cash
            c. For night shift assignment
            d. As incentive to all employees
      4.    The term ‘de minimis’ does not include
            a. Christmas bonus
            b. Christmas gift
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            c. Rice subsidy
            d. Monetized unused vacation leave
      5.    The P90,000 exemption threshold is applicable for every _______ every _________.
            a. employer; year
            b. employee;year
            c. employer; quarter
            d. employee; quarter
      6.    Which of these is an absolute exempt benefit of a minimum wage earner?
            a. Holiday pay
            b. Vacation pay
            c. 13th month pay
            d. Excess de minimis benefits
      Exercise 9.3        CLASSIFICATION
      Classify the following items of compensation income basing on their tax treatments.
         A Exempt Benefit                 C 13th Month Pay and Other Benefits        E Regular Compensation
         B De Minimis Benefit             D Supplementary Compensation               F Subject to Fringe Benefit Tax
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        1.   Monetized unused vacation leave credits of government rank-and-file employees in excess of 10 days
        2.   Benefits from productivity incentive schemes
        3.   Emoluments
        4.   Additional compensation allowance of government employees
        5.   Personal economic relief allowance of government employees
        6.   Fixed transportation allowance of managerial employees
        7.   Christmas cash gift of private employees
        8.   Profit sharing bonus
        9.   Laundry allowances of private employees
        10. Monetized unused sick leave credits of private managerial employees which was less than 10 days
        11. 14th month pay
        12. Cost of Living allowances
        13. Employee share on Pag-Ibig contributions
        14. Meal subsidy for employee’s family in excess of P2,000
        15. Paid absences where vacation leave credits were applied
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      Problem 9.1          DE MINIMIS BENEFITS
      Mavis, received the following de minimis benefits during the year. She earns P600 daily.
                    Monetized unused vacation leave credits                                        12 days
                    Monetized unused sick leave credits                                             5 days
                    Medical cash allowance to dependents                                   P300 per month
                    Clothing allowance                                                             P10,000
                    Rice subsidy                                                       P10,000 per quarter
                    Actual medical assistance                                                      P15,000
                    Laundry allowance                                                  P2,500 per semester
                    Anniversary gift                                                                P7,000
                    Benefits from Collective Bargaining Agreement                                  P15,000
      Determine the taxable de minimis benefits and their treatment given Mavis is a:
                          Employee Type              Rank-and-File                   Managerial
                           Government
                             Private
      Problem 9.2          13TH MONTH PAY AND OTHER BENEFITS
      Jonathan, a purely employed taxpayer, received the following during the taxable year.
                    13th Month Pay (Midyear Bonus)                                                  48,000
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                    14th Month Pay (Yearend Bonus)                                                48,000
                    Christmas Gift                                                                 5,000
                    Taxable de Minimis Benefits                                                   20,000
      Determine the taxable 13th Month Pay and Other Benefits given that Jonathan is a:
                          Employee Type               Rank-and-File                  Managerial
                           Government
                             Private
      Problem 9.3          MINIMUM WAGE EARNER
      Mang Ben became a minimum wage when the statutory minimum wage effective July 1 matched his current salary rate. He
      received the following benefits during the year.
                                                             Jan-Jun            Jul-Dec
                 Basic Pay                                    75,000             75,000
                 13th Month Pay                                    -             12,500
                 Holiday Pay                                   2,000                  -
                 Taxable De Minimis Benefits                  15,000             18,000
                 Overtime Pay                                  6,000              8,000
                 Honorarium                                   10,000                  -
      Compute for the following:
        1. Gross Compensation Income
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        2. Non-Taxable Compensation Income exclusive of the P250,000 threshold
        3. Claimable portion of the P250,000 Exemption Threshold
        4. Total Non-Taxable Compensation Income
        5. Income Tax Due
      Problem 9.4         CONSOLIDATED INCOME TAX RETURN
      Miss Ligaya Calungcutan resigned on her previous job on Saddy Company effective May 31 of the taxable year. She was hired
      in Joy Company on June 2. The following are the benefits she earned from both employers.
                                                                                     Saddy               Joy
                    Basic Pay, net of P4,500 deductions                             165,000         248,500
                    Prorated 13th Month Pay                                          15,600          23,400
                    Taxable De Minimis Benefits                                      10,000          27,000
                    Christmas Bonus                                                       -          15,000
                    Other Supplementary Compensation                                 20,000          32,000
      In the Form 2316 it prepared, Joy Company was not able to report the benefits received by Miss Ligaya from Saddy Company.
      In addition, both companies withheld income taxes only to the extent of taxable benefit it gave to Miss Ligaya.
      Fill out the table below by computing the figures to be reported on the relevant forms.
                             Employee Type             2316 (Saddy)       2316 (Joy)         1700
                    Gross Compensation Income
                    Non-Taxable Compensation
                    Taxable Compensation Income
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      Problem 9.5         COMPREHENSIVE
      Miss Ma. Dolly Rigat, a private employee, obtained the following benefits from her employment during the year.
                 Basic Pay, gross of P74,000 mandatory deductions                            P 780,000
                 13th Month Pay                                                                 65,000
                 Monetized Unused Vacation Leave Credits (8 days)                               26,000
                 Monetized Unused Sick Leave Credits (2 days)                                    6,500
                 Uniform Allowance                                                              15,000
                 Christmas Cash Gift                                                            10,000
                 Benefits under a Productivity Incentive Scheme                                 20,000
                 Rice Subsidy                                                                   35,000
                 Laundry Allowance                                                               5,000
                 Medical Assistance                                                             10,000
                 Overtime Pay                                                                   16,000
                 Cost of Living Allowance                                                       30,000
                 Holiday Pay                                                                    10,000
      Determine her taxable compensation income before the P250,000 exemption assuming she is a:
      _____________1. Supervisory employee
      _____________2. Rank-and-File employee
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