Module 10 - Fringe Benefit Tax
Module 10 - Fringe Benefit Tax
Income Taxation
1TAY2022
Fringe Benefit
Tax
FRINGE BENEFIT
Section 33 (B) of the NIRC defines Fringe Benefits as "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 such as, but are not limited to, the following:
a. Housing;
b. Expense account;
c. Vehicle of any kind;
d. Household personnel, such as maid, driver and others;
e. Interest on loan at less than market rate to the extent of the difference between the market rate and actual rate granted;
f. Membership fees, dues and other expenses borne by the employer for the employee in social and athletic clubs or other
similar organizations;
g. Expenses for foreign travel;
h. Holiday and vacation expenses;
i. Educational assistance to the employee or his dependents; and
j. Life or health insurance and other non-life insurance premiums or similar amounts in excess of what the law allows.
The fringe benefit tax covers only the taxable fringe benefits of managerial or supervisory employees. For
purposes of the fringe benefit tax, RR3-98 clarifies that taxable fringe benefits exclude those items
Scope considered as compensation income. Hence, an excellent understanding of the items of compensation
income is extremely important in highlighting the bounds between compensation income and the fringe
benefits subject to fringe benefit tax.
The following are the general categories of fringe benefits subject to final tax.
General 1. Management perquisite benefits
Categories 2. Employee personal expenses shouldered by the employer
3. Taxable de minimis benefits
Characteristics
The fringe benefit tax is a final tax which is withheld by the employer at source. Thus, the employee need
Final tax
not report the fringe benefits in his income tax return.
Tax upon the The fringe benefit tax is not a tax to the employer. It is a tax upon the fringe benefit realized by the
fringe benefits of managerial or supervisory employee. It is a tax to the employee; hence, it applies regardless of the identity
managerial or
Step 1: Determine the Monetary value refers to the taxable amount of benefits taken home or realized by the
monetary value. managerial or supervisory employee. The monetary value is presumed net of the final tax.
When benefit is given in cash or paid for in cash, the monetary value is the amount paid for in cash.
Benefits paid in
Note that the only exception here is when the employer pays for the rent of the residence of the employee.
cash
Monetary value is 50% of the rental payment.
When benefit is given in kind, the monetary value is the fair value of the thing given unless its book value
is higher. Book value is the cost less any provision for depreciation for depreciable properties. Simply stated,
Benefits paid in
the monetary value is the fair value or the book value of the thing given, whichever is higher. When
kind
ownership over the property is transferred to the employee, the monetary value is the entire fair value of
the property even if the property is partially used in the business of the employer.
When the benefit is given in the form of free use of the employer's property, the monetary value is 50% of
Benefits that are the rental value of the property. If the property has no available rental value, the depreciation value is used.
furnished For purposes of the depreciation value, the presumptive useful lives of the property are:
1. Housing privilege of the Armed Forces of the Philippines (AFP) officials - i.e., those of the Philippine Army (PA),
Philippine Navy (PN) or Philippine Air Force (PAF);
2. A housing unit, which is situated inside or adjacent to the premises of a business or factory. A housing unit is considered
adjacent to the premises of the business if it is located within the maximum of fifty (50) meters away from the perimeter of
the business premises; and
3. Temporary housing for an employee who stays in a housing unit for three (3) months or less.
Representation and transportation allowances that are fixed in amounts and regularly received by the employees as part of their
monthly compensation income shall be considered as taxable compensation income subject to Withholding Tax on Wages.
Problem 10.4 EXPENSE ACCOUNT
Mushroom. Corporation allows its Chief Operation Officer, Mr. Candido Perez, to incur expenses subject to reimbursement.
Mr. Perez presents the following itemized receipts:
Light and Power (75% in the name of the company) 8,000
Grocery items 15,000
MOTOR VEHICLES
The housing fringe benefits shall use the following formula for the monetary values.
Motor Vehicle Privilege Monetary Value
Purchase of motor vehicle in the name of employee Acquisition Cost
Purchase of car on instalment basis the ownership of which is placed in the employee Acquisition Cost ÷ 5
Employer shoulders a portion of the purchase price, the ownership is placed in the name of Portion shouldered by the
employee employer
Employer owns and maintains a fleet of motor vehicles for the use of the business and the
Acquisition Cost x 20% x 50%
employees
Employer leases and maintains a fleet of motor vehicles for the use of the business and the
50% x Rental Payments
employees
Aircrafts Not applicable
Yachts Acquisition Cost x 5%
HOUSEHOLD EXPENSES
Expenses of the employee which are borne by the employer for household personnel, such as salaries of household help,
personal driver of the employee, or other similar personal expenses (like payment for homeowners association dues, garbage
dues, etc.) shall be treated as taxable fringe benefits.
1. Inland travel expenses such as food, beverage and local transportation costs
2. Lodging costs in hotel or similar establishment amounting to an average of $300/day or less.
3. Economy and business class airplane tickets
4. 70% of the cost of first-class ticket
Expenses in excess of the aforementioned limits and for the family members of the employee shouldered by the employer are
taxable fringe benefits.
Problem 10.5 EXPENSE FOR FOREIGN TRAVEL
Payaman Company allowed its President, Mr. Cong, to attend a convention abroad for five days and nights with the
privilege to bring his wife, Viy. The company shouldered the following expenses for their foreign travel: P70,000 each for
their first class plane ticket, $350 each for their daily lodging cost and P50,000 each for their foods and inland transportation.
The exchange rate is $1:P50.
All expenses related to Viy are taxable.
Taxable Exempt
Plane Ticket 91,000 49,000
Lodging Costs 100,000 75,000
Foods and Local Transportation 50,000 50,000
Total 241,000 174,000
EDUCATIONAL ASSISTANCE
Educational assistance to the employee is generally taxable except when it is incurred for the convenience or furtherance of the
employer's business, such as:
1. the education or study is directly connected with the employer's business or profession: and
2. there is a written contract (i.e., employee bond) that the employee is under obligation to remain at the employ of the employer
fora period if time ther mutually agreed upon.
Educational assistance granted to dependents of the employee is generally taxable except when the assistance was provided
through a competitive scheme under a scholarship program of the company.
INSURANCE PREMIUMS
This includes life or health insurance and other non-life insurance premiums or similar amounts in excess of what the law allows.
These are taxable fringe benefits except the following insurance or premium contributions allowed or required by law:
1. Contributions of the employer for the benefit of the employee pursuant to the provisions of existing law such as
contributions to SSS, GSIS, PhilHealth, and HDMF
2. Cost of premium for group insurance of employees
Tax Treatment
The total fringe benefit expense including the fringe benefit tax expense is a deductible expense of the employer against his
gross income in the computation of his taxable income. It must be noted that a deductible fringe benefit expense exists only
when the benefit is paid in cash or in kind. The expense is measured at the actual cost or tax basis of consideration given as
fringe benefits.
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.
Determine the effects of the reimbursement on the Assets, Liabilities and Capital of the company.