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For example:
a. Fringe benefits taht are fixed every payroll period are considered regular compensation
For example: Fixed transportation allowance
b. Fringe benfits that are variable and performance-based are considered supplemental
compenstaion
For example: commission, profit sharing and overtime pay
c. Fringe benefits in the form of incentives are considered 13th month pay and other benfits.
d. Fringe benefits for the employer’s convenience or necissity are exempt from the income tax.
Other fringe benefits
As mentioned in the previous chapter, other fringe benfits not included or classifiable as items of
compensation and which are not exempted under the law are treated as follows:
1. For ranks and file employer – included as “ other benefits” under 13th month pay and other
benefits
2. For managerial and supervisory employees – excluded in compensation income and are
subjected to final fringe benefit tax
For the purpose of the fringe benefit tax, RR3-98 clarifies thata taxable fringe benefit exclude those
items considered as compensation income. Hence, ana excellent understanding of the items of
compenstaion income is extremely important in subject to fringe benefit tax.
Illustration
Mr. Lakewood, a managerial expatriate employee, was granted by hs employer a PHP 30,000 monthly
housing allowance in addition to his regular salary. The actual monthly rent of Mr. Lakewood’s
residence is PHP 25,000.
The PHP 25,000 personal expense assumed by the employer contitutes a taxable fringe benefit subject
to fringe benefit tax. The monthly fixed PHP 5,000 excess is a taxable additional compensation. (BIR
Ruling no. 521-2011)
Hybrid expenses
When the mployer incurs expenses which is purported partly for business and partly for employees
incentive, only 50% of the expense representing the employee incentive is subject to the fringe benefit
tax.
The following are hybrid expenses under RR3-1998:
1. Housing benefits in the form of rental accommodation
When an employer leases a residental unit for the use of the employee and business, the
rental expense is deemed half business expense and half fringe benefit to the employee.
2. Allowing an employee free use of business property
When the employer allows its employee to use business properties, the rental value or
depreciation value og the business property over the period of usage is deemed half business
expense and half fringe benefit to the employee.
Illustration 1
The University of Caceres pays for the PHP 50,000 monthly rental of the residential unit of its
President.
The amount of taxable fringe benefits shall be PHP 25,000 computed as 50% x PHP 50,000.
Illustration 2
A manufacturer and distributor of consumer products all over the Philippines leases cars and other
vehicles for the use of its employees. The company requires employees to share at least 40% of the
monthly rental deductible through their payroll while the company books the 60% as rent expense.
The BIR opined that only 10% of the monthly rental is taxable as fringe benefit since employees
shouldered 40% of their 50% counterpart (BIR ruling No. 009-2000)
Since the fringe benefit tax is paid quarterly, the valuation and reporting of monetary value is also
done quarterly. In case of used of employer properties, the reporting of monetary value ceases from
month the free use is discountinued.
Illustration
A sole proprietorship business leases a residential house and lot for the use of his business
manager for P20,000/month.
2. Employer owns a residential property and assigns the same for the use of his employee as his
usual place of residence; the annual value of the benefit is 5% of whichever is higher of the
zonal or assessed value of the land and improvement.
Monetary Value = 50% of the annual value of the benefit
Illustration
Chamberly, Inc. allowed pne of its unused realty investment costing P3,500, 000 with zonal
value of P4,000,000 and assessed value of P3,000,000 to be used by its vise president.
3. The employer purchases a residential property on installment basis and allows his employee
to use the same as his usual place of residence; the annual value is 5% or 1/20 of the
acquisition cost, exclusive of interest.
Monetary Value = 50% of the annual value of the benefit
This is the same with No. 2 except that the basis is the purchase price of the property.
Illustration
Cotabato Corporation purchased a residential property for the use of its manager.
The property is payable over 11 annual installments of P200,000 including interests but have
a cash price of P2,000,000. For accounting purposes, Cotabato Corporation opted to capitalize
the interest and recorded the P2,200,000 contract price as acquisition cost of the property.
The monetary value shall be determined as follows:
Annual depreciation value = P2,000,000 x 5% P 100,000
Quarterly Value = P100,000 / 4 quarters P 25,000
Quarterly monetary value = P25,000 x 50% P 12,500
4. Purchase by the employer of residential property and transfer of ownership in the name of the
employee, the value of the benefit is whichever is higher of the acquisition cost or zonal value
Monetary Value = 100% of the annual value of the benefit
Illustration
A non-profit corporation bought a residential dwelling for P5,000,000 and transferred
ownership to its president The property has P3,000,000 zonal value.
Since there is transfer of ownership, the monetary value is the entire P5,000,000, the higher
of book value (i.e. cost in this case) and zonal value.
5. Purchase by employer of property and transfer of title to employee for less than adequate
consideration, the value is (fair market value or zonal value, whichever is higher) less
consideration paid by employee
Monetary Value = 100% of the annual value of the benefit
Illustration
Denzy, a professional practitioner, transferred his residential property in the name of his
managerial employee for P2,000,000. The property has fair value per tax declaration of
P3,400,000 and P5,000,000 zonal value.
Since there is a transfer of ownership (i.e. title), the monetary value is P3,000,000, computed
as P5,000,000 fair value less the P2,000,000 consideration paid.
3. Temporary housing for an employee in a housing unit for 3 months or less (i.e., not exceeding
one quarter)
Expense Account
Expenses incurred by an employee but which are paid by his employer or incurred and paid by
employee but reimbursed or advanced by the employer are taxable fringe benefits. The monetary
value is the amount paid by the employer.
Properly documented employer expense
When the expense is receipted for and in the name of the employer and the expenditure does not
partake of the nature of a personal expense attributable to the employee, it is not a taxable fringe
benefit because it is a business expense.
Personal expense of the employee such as groceries for the personal consumption of the employee
and/or his family, if paid or reimbursed by the employer, are taxable fringe benefits whether or not
receipted in the name of the employer.
Fixed and regular RATA are treated as part of regular compensation income and are subject to
creditable withholding taxes, not to fringe benefits tax.
Illustration
Denver Corporation paid for the following expenses which were liquidated by its managerial employee:
Water and electricity bill at manager’s home P 15,000
Meals and groceries at manager’s home 18,000
Bill on personal telephone 2,000
Bill on personal phone 1,000
Transportation from office to and from clients 12,000
Transportation from office to and from manager’s home 10,000
Food and beverages for visiting business clients 8,000
The monetary value of fringe benefits shall be computed as follows:
Water and electricity bill at director’s home P 15,000
Meals and groceries at director’s home 18,000
Bills on personal phone 1,000
Transportation from office to and from home 10,000
Total Monetary value P 44,000
Note: Business telephone bills, office to client transportation and food and beverages for client
visitors are business expenses, not fringe benefits to the manager.
Note that the monetary value shall be reported in the quarter of purchase.
2. Cash benefit to employee for the purchase of a vehicle, even if the vehicle is partly used
in the business of the employer
Monetary value = 100% of the cash benefit, except when the amount is subjected to
withholding tax on compensation
Car benefits that are paid in cash and are subjected to withholding tax on
compensation are subject to regular tax, not to fridge benefit tax. If subject to fringe
benefit tax, the monetary value shall be reported in the quarter of payment.
3. Purchase of car on installment basis by the employer with ownership placed in the
name of the employee even if the car is used partly for the employer’s business, the
benefit is the acquisition cost divided by 5 years.
Monetary value = (1/5) or 20% of the acquisition cost
Illustration
An employer purchased a car for P1,000,000 payable in four installments plus 10%
interest on the outstanding unpaid balance of the car.
The entire acquisition cost shall be recognized as monetary value since there is transfer
of ownership but the regulation requires amortization over 5 years. Hence, the employer
shall recognize P1,000,000/5 or 200,000/4 or P50,000 monetary value until the cost is
fully reported over 5 years.
4. Employer shoulders a portion and is placed in the name of the employee, even if
partially used in business.
Monetary value = the portion shouldered by the employer
Illustration
An employer assisted its managerial employee in purchasing a brand-new car for
P4,000,000; 60% of the value is deductible against future salaries of the managerial
employee.
5. Fleet of motor vehicles owned for the use of the business and the employees, the value
of benefit is the cost of all motor vehicles not used for sales, freight, delivery service,
and other non-personal uses divided by 5 years.
Monetary value = 50% of the velue of benefit
It should be noted that the cost of motor vehicles not used in business is amortized over
5 years. There being no transfer of title, 50% of the benefit is recognizable as monetary
value. The quarterly recognition of monetary value continue until free usage is
terminated
It must be noted that because of the inherent difficulty of tracing the realization of the
fringe benefits to a particular employee considering the collective enjoyment of the
benefit by the employees(managerial, supervisory, or possibly including rank and file
alike), the regulations simply subjected it to the fringe benefit tax.
6. Fleet of motor vehicles leased for the use of the business and the employee, the value of
the beneits is the rental payments for motor vehicles not normally used for sales,
freight, delivery, service, and other non-personal use.
Monetary value = 50% of the value of the benefit
7. Aircrafts including helicopters are deemed solely for business use; hence, they are not
subject to fringe benefit tax.
8. Yachts whether owned and maintained or leased by the employer are presumed not for
business use; hence, taxable as fringe benefits. If owned or maintained, the value of the
benefit is measured as the depreciation value over 20 years.
Illustration
Assume a corporation acquired a PHP 10,000,000 yacht for the use of its executives,
The monetary value shall be determined as:
Annual depreciation value = 10,000,000 / 20 PHP 500,000
Quarterly monetaryvalue = 500,000 / 4 PHP 125,000
A yacht is considered immovable by virtue ofthe fact that it is fixed and cannot be removed from
water. Hence, the 20-year presumptive useful life for real properties is used. If this leased, the entire
rental payment is the monetary value. Note that the 50% rule is not applied by the regulation.
Supposing the yacht is purchased and transferred to the name of the executives, the monetary value
shall be the entire PHP 10,000,000.
Note on aircrafts and yachts
The high cost of ownership of aircraft makes it inherently prohibitive or impractical to be for personal
use. Thus, aircrafts are deemed by the regulations as solely for business use; hence, they are exempt
from fringe benefit tax. Yachts, though pricely on the other hand, generally lack any sensible
business purpose aside from being for personal pleasure; hence, its depreciation value is subject to
fringe benefit tax in full.
Exceptionally, if the yacht is used solely for the entertainment of guests or prospective clients. It is
not subject to the fringe benefit tax. In this case, the depreciation of the yacht qualifies as
“entertainment, amusement and recreation expense”
Household Expenses
Employee expenses borne by the employer for household personnel, salaries of household help,
personal driver of the employee, and other personal expenses such as homeowners association dues,
garbage dues, electricity, and water are taxable fringe benefits. The monetary value is amount paid.
Illutration
Henesy Corporation granted the following benefits to a managerial employee:
Membership fees, dues, and other expenses borne by the employer gor his employees in social
and athelic clubs or other similar organizations constitute taxable fringe benefits. The monetry
value is the amount paid.
Note that 30% of the cost of first-class ticket in foreign travel is considered deminimis.
Note also that the foregoinh rules apply only on foreign travels. The cost of domestic
travel is generally considered as reasonable and hence deductible.
Substantiation requirement
The above rules apply if the expenses were supported by documentations proving the actual
occurencies of the meeting or convention; otherwise, they shall be subject to fringe benefit tax.
- Benefit meetings must be supported by an official communication from business associates
abroad indicating the purpose of the meeting.
- Buiness conventions must be supported by an official invitation or communication from host
organization or entity abroad.
Expenses for the family members of the employee shouldered by the employer are taxable fringe
benefit in full.
Illustrations
MIG, Inc. allowed its VP Finace, Mr. Lasuna, attend a convention abroad with the privillege to bring
his wife. The expenses of the foreign travel were:
Illustration
Queensdale Company made the following insurance premium payment during a calendr quarter:
P 30,000 prmium for the life insurance of the Chief executive Officer (CEO) with Queensdale
Company as the beneficiary of the policy
- P 20,000 premium for the life insurance of the company Chief operating Officer (COO) with his
wife as the beneficiary
- P 15,000 insurance premium of the personal car of the company manager
- P 40,000 premium for group insurance of employees
- P 80,000 premium share in SSS, PhilHealth, and Pag-ibig dues of employees
- P 10,000 fire insurance premium for the company building
Note:
1. The insurance premium on the life of the CEO where the company itself is the
beneficiary is not a fringe benefit to the executive employee but a business expense.
2. Group insurance premiums and those required by special laws are not taxabble
3. The premium for fire insurance on companu building is a business expense.
1998 34%
1999 33% 25%
2000 to 2017 32%
2018 and thereafter 35%
1998 66%
1999 67% 75%
2000 to 2017 68%
2018 and thereafter 65%
Illustration
Assume an employer grants fringe benefits with monetary value of P 58,500 to a resident citizen
manager employee.
The grossed-up monetary value is computed as P58,500/65% = P 90,000. If the employee is a non-
resident alien, the grossed-up monetary value shall be computed as P58,500/75% = P 78,000
The fringe benefit tax shall be computed as P75,000 x 25% / 75% = P 25,000
Note : the fringe benefit tax continues to be payable for s long as the employee uses the property for
personal use and/ or business use.