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Chapter 11

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Chapter 11: FRINGE BENEFIT TAX Hybrid Expenses

Fringe Benefits - When the employer incurs expenses


which is purported partly for business
- Pertains to all other benefits or
and partly for employee’s incentive,
incentives of employees other than the
only 50% of the expense representing
basic pay
the employee incentive is subject to the
- Under the NIRC, it pertains to goods,
fringe benefit tax
services, or other benefits furnished by
the employer to the employee EXEMPT FRINGE BENEFIT

GENERAL CATEGORIES OF FRINGE BENEFITS 1. Authorized and exempted from tax


SUBJECT TO FINAL TAX under special laws
2. Benefits required by the nature of, or
1. Management perquisite benefits
necessary to the trade, business or
2. Employee personal expenses
profession of the employer
shouldered by the employer
3. Benefit given for the convenience or
3. Taxable de minimis benefit
advantage of the employer
a. Excess de minimis over their limit
4. Contributions of the employer for the
b. Benefits not included in the de
benefit of the employee to retirement,
minimis list
insurance and hospitalization benefit
(one) Management Perquisite Benefits plans
5. Benefits given to rank and file
- Also called as “management perks” are employees whether or not granted
highly privileged incentives given only under a collective bargaining agreement
to a special group of employees 6. De minimis benefits within their legal
- Non-performance based limits
- Not considered as compensation but as
fringe benefits subject to fringe benefit FRINGE BENEFIT TAX
tax
- Is a final tax imposed on the fringe
benefit furnished, granted or paid by
the employer to the employee
(two) Employee Personal Expenses 1. Housing Benefits
- When an expense takes the nature of 2. Expense account
an employee personal expense or 3. Vehicles of any kind
expenditure and is paid or assumed by 4. Household personnel such as maid,
the employer in default of a proximate driver and others
business necessity, it is deemed fringe 5. Interest for the difference between the
benefit in its entirety even if the market rate (12%) and the actual
expense is receipted in the name of the interest granted
employer 6. Membership fees, dues and other
expenses borne by the employer for the
employee in social and athletic clubs or
other similar organizations
7. Expense for foreign travel
8. Holiday and vacation expense
9. Educational assistance to the employee
or his dependent
10. Life or health and other non-life
insurance premiums or similar accounts
in excess of what the law allows

CHARACTERISTICS OF THE FRINGE BENEFIT TAX

1. Final tax
- Withheld by the employer at source
- The employee need not report the
fringe benefits in his income tax return
2. Tax upon the fringe benefits of
managerial and supervisory employees
- It is a tax upon the fringe benefit
realized by the managerial or
supervisory employee
- It is a tax to the employee and not to
the employer
3. Paid by the employer
- The tax is presumed withheld at source
and remitted by the employer to the
government
4. Grossed-up tax
- The monetary value or the amount of
fringe benefit realized or taken home by
the employee is effectively net of the
final tax
- The monetary value is first grossed-up
by the complement percentage of the
applicable fringe benefit tax rate before
the fringe benefit tax rate is applied
5. Due quarterly
- Reported quarterly through BIR Form
1603Q

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