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We know that under the law, we are required to pay for our
household worker's SSS, HDMF (PAG-IBIG), and Philhealth benefits.
How do you go about it, and what do you need to know?
SSS
If your kasambahay has been an SSS member in the past, you can
fulfill the Kasambahay Law by simply registering your kasambahay
as voluntary member and shouldering your legal share of the SSS
payments. You do not need to register as employer.
I got the above information from a supervisor at the Department of
Labor and Employment (DOLE) contact center. (The agent passed
the phone to her when she found out I was writing all these in my
blog.)
If you are using this method of SSS payments for your kasambahay,
the DOLE advises that you clearly indicate in the contract that
although your kasambahay is registered as voluntary member, you
are shouldering your legal share of the payments as employer. And
make sure to keep your own copy of all receipts.
To change your kasambahay's membership status to Voluntary,
simply make payments in his/her behalf using his/her SSS number,
using the SSS Form RS-5. According to the SSS website, "Posting of
said payment will change the membership status from covered
employee, self-employed, OFW or non-working spouse to a voluntary
paying member."
If your kasambahay has never been an SSS member, then he/she
cannot begin as a voluntary member (SSS rules forbid that; don't ask
me why) and you, alas, will need to register as employer. I have a
separate article on that. Click the link to read The SSS Household
Employer Under the Kasambahay Law: Register, Pay, Report.
Now you can start paying your kasambahay's SSS contributions. Do
so before the 10th of the following month. For your convenience, it
is better to pay through SM Payment Centers, Bayad Centers, or SSS
accredited banks, such as Chinabank, Metrobank, and BPI.
How much should you pay? See the table below (click to enlarge). If
your kasambahay is registered as a voluntary member, then the
required contribution is found on the last column (SE/VM/OFW).
Note that if your kasambahay is earning less than five thousand
pesos per month, you are required to shoulder 100% of the
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DOLE's FAQ: If you have more questions about the Kasambahay Law,
like "Is our live-out yaya considered a kasambahay?" or "Am I
required to provide my kasambahay with shampoo and soap, etc.?"
then check out this FAQ published by the DOLE: Q&A on Batas
Kasambahay.
For an easy-to-understand document on the Batas Kasambahay,
here's GMA's Batas Kasambahay infographic.
Sample contract that you can use for your kasambahay: check
out Smart Parenting's sample kasambahay contract. (Look at the
bottom of the Smart Parenting page for the contract links.)
If your kasambahay has never been an SSS member, then you need
to register as household employer so that your kasambahay can get
an SSS number. (If your kasambahay has been an active member
before being employed with you, he/she can simply continue as a
volunteer member. Click here for details.)
Here are the things you need to know in registering, paying, and
reporting your kasambahay's SSS contributions, as an SSS
household employer.
1. To register yourself as an employer, get the forms R-1, R-1A,
and L-501 from an SSS office, or download them from the SSS portal,
then fill them out and submit to the SSS office nearest you.
2. To register your kasambahay, get the form E-1 and ask your
kasambahay to fill it out. You will need to submit this to the SSS,
along with the original copy (for presentation) and photocopy (for
submission) of supporting documents.
You will find all required supporting documents at the back or
bottom of the forms.
Also, bring a USB where you can upload the installer for the SSS R3
generator. The SSS requires employers to encode your contribution
reports using this software, and they will not receive your forms if
you do not submit a soft copy along with the printouts.
Important reminder: In the form R-1A, you will be asked for your
kasambahay's date of employment. The SSS will require you to pay
your kasambahay's contributions starting from the date of
employment. Therefore, if you have receipts of payment in previous
years, bring your receipts with you so you do not get charged a
second time. It is also good to bring your kasambahay with you, in
case the SSS wants to interview him/her, to make sure that the
payments have been made in the past years.
3. Start paying your kasambahay's SSS contributions. Do so before
the 10th of the following month. For your convenience, it is better to
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member details.
3. To complete your registration, submit the forms and required
supporting documents to a Philhealth office.
4. Start paying your kasambahay's Philhealth contributions.
If your kasambahay is earning less than P5,000 per month, you
are required to pay P200 per month. You shoulder this entirely.
If your kasambahay is earning from P5,000 to P7,999 per
month, you are required to pay P100 while your kasambahay is
required to contribute P100 as well.
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The DTI certificate and mayor's permit are requirements for getting
your BIR certificate of registration.
I've written about getting my own DTI certificate. Read the
details here. You can apply for your DTI certificate online and pay
with Gcash.
For your barangay permit, you need to personally go to your
barangay hall, bring with you your DTI certificate, and pay for
registration. I've written about that too. Details here.
Now comes the municipal permit, which I think is the most difficult
part of all. To get your municipal permit, you also need to go
personally to your municipal hall, fill up the application form, and
pay the fee.
The amount of the application fee depends on your municipality
type. Since I live in a "first-class municipality," I paid around
P1,500. It probably costs more if you live in, say, Makati, and less if
you live in a second- or third-class municipality.
The municipal permit is much more complicated to get than the DTI
or barangay permit because it also entails inspection from the
sanitation and fire departments of your municipality. You have to
pay extra fees for those inspections as well.
To get the sanitary permit, you and all your registered employees
need to undergo health certification (X-ray, stool and urine labs,
blood test) even if you never meet your employees or clients and all
your work is done online.
To get the fire safety certification, your office (a.k.a. house) needs to
have at least two exits and, in our municipality's case, a fire
extinguisher.
Incidentally, not all municipalities require a fire extinguisher.
Antipolo doesn't. Makati does.
There is no specific fire extinguisher size requirement stated in the
building code, but we were advised to get a 10lb carbon dioxide type
rather than the dry chemical type because the former does less
damage and leaves no mess as it is just gas.
The BIR registration
Web citizen that I am, I got the requirements for BIR registration
from the BIR Web site. Well, there were a few things it did not
include:
If you have your office address at a place that is not your own
and you are using the place for free, you need to have a letter
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I found these requirements out when I reached the BIR office. The
latter, I hastily drew up right then and there. The former, I had to
bring back another day before my COR could be processed.
Once my requirements were complete, I had to pay the P500
registration fee and attend the seminar.
I must say, that seminar was pretty useful, and I advice all business
owners to attend it themselves rather than send in some liaison
officer who is not even an accountant. For a preview, you can read
the BIR seminar's contents in this post, but at the actual seminar,
you can ask questions and maybe even get some answers.
Oh, by the way, you may be thinking now, "Gee, it's not so expensive
to register after all. Five hundred pesos is not so bad."
True, but I've so far neglected to mention one important thing: The
moment you are registered with the BIR, you will need to issue
receipts.
It doesn't matter if all the work you do is online. If your client is in
the Philippines and they declare you as one one of their expenses
which means they pay taxes for you, which they probably deduct
from your service charge, in which case they should be issuing you a
Certificate of Taxes Withheldthen you need to issue them a receipt.
(This does not apply if you are not registered with the BIR as a selfemployed individual.)
It doesn't matter if that receipt never reaches their hands; you just
have to issue it and record it in your books of accounts.
There are printers that are accredited by the BIR to print out
receipts. You can find them at Sulit.com.ph or even in the BIR office
itself. Just ask the guard, and he should be able to tell you which
employee has that sideline.
The minimum number of booklets for printing is usually 30, and the
cost can be P40 per booklet if you get the smallest size.
Post-registration
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my gross income. I don't know what the percentages are for other
industries.
For the cedula, expect to pay P100 for every P100,000 reported in
your statement of gross sales.
Posted in: government requirements
Register
To register as an HDMF household employer, go to the Pag-Ibig
online registration portal and choose Employer's Registration.
Fill out the form. For Business Name (per DTI/SEC registration), you
can put your own name. For Start of Business Operation, put the
date that your first househelp (who is still with you) started working
for you.
Once you have completed and submitted the form, an employer
number will be generated for you, along with a filled-out copy of the
form.
Print this form and submit to the HDMF office, Marketing Division,
a.k.a. Counter 1, along with
1. your kasambahay's membership data form (MDF), which was
generated when you registered your kasambahay online (if you
haven't done that yet,click here and choose Household
Employee as your kasambahay's membership type);
2. your SSS form R1-A, R1 (photocopy), and R-3; and
3. your Member's Contributions Remittance Form (MCRF).
Why is the HDMF looking for SSS documents? According to the SSS
contact center, the two government offices are not yet connected,
but they soon will be.
Interestingly, the agent I spoke with also mentioned that when she
applied as household employer in June 2013, the HDMF did not ask
her for any of the abovementioned documents, and they did not ask
her to register as employer at the online portal either.
So apparently, between then and now, there has been a change in
policy.
After you register yourself as employer and your kasambahay as
employee, you will be asked to pay the initial contribution.
Pay and Report
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If your kasambahay is earning less than P5k per month, you will pay
4% of the kasambahay's salary. If your kasambahay is earning P5k
or more, you will pay P200 to the HDMF, but you are allowed by law
to collect P100 from your kasambahay, as his/her 50% share.
You need to go to the Pag-Ibig office to remit the payment, along
with the Member's Contribution Remittance Form.
Arrears
Note that if you report your kasambahay to have been with you since
2005, youmay be charged as far back as 2010, based on the Home
Development Mutual Fund Law of 2009, which took effect in January
2010. The interest for HDMF arrears is 1% per month.
However, even if you are earning less than 1 million annually, you
may also want to register as VAT if you are targeting VAT
clients. The reason: VAT businesses will normally not transact with
non-VAT businesses, because then, they will not be able to declare
their purchases from you under their expenses. (There is a
somewhat complex explanation to that. For now, just trust me on
this.)
5. There are required forms for registering a business, depending on
whether you are registering as an individual or as a
corporation/organization. For more information on business
registration, click here.
6. Schedule of payments
By the way, dear readers, if you have questions on how to fill out
your tax forms or other tax-related concerns, here is the Bureau of
Internal Revenue's hotline: 981-8888. They have very helpful phone
agents. But do not try to email them your questions; their email
agents do answer after many days, but the answers are practically
useless.
I would like to thank Mr. Elmer A. Torcuator for giving us this free
seminar at RDO 045. I hope, sir, you are reading this so that you can
correct any errors in information that may have inadvertently
slipped in.
Individual
Corporation/Organization
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Corporation by-laws
Location sketch
Location sketch
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