De Minimis Benefits (PINGAD)
De Minimis Benefits (PINGAD)
De Minimis Benefits (PINGAD)
Originally, other petty fringe benefits which fall within the scope and characteristics of de
minimis even if it is not listed, are treated normally as de minimis, and are exempted from
income tax.
However, the BIR and Department of Finance changed the rule under RR5-2011, as last
amended by RR11-2018 wherein the term “de minimis benefits” was restricted to mean only
the following:
a. For rank and file employees- treated as other compensation income under “13th month
pay and other benefits”
b. For managerial supervisory employees- treated as fringe benefit subject to final fringe
benefit tax
Solution:
Solution:
1. Monetized unused vacation and sick leave for government employees are exempted from
income tax.
2. Laundry allowance exceeded the limit.
Solution:
BENEFITS Actual Limit Excess
Loyalty or service award (1) 25,000 0 25,000
Christmas and anniversary gift (2) 20,000 5,000 15,000
Meals (3) 15,000 0 15,000
Taxable de minimis as “other benefits” P55,000
Explanation:
1. The limit on the loyalty or service award is applicable only to tangible things.
2. Christmas and anniversary gifts exceeded the limit.
3. Meal allowance given to overtime or graveyard shift workers are the only meals
exempted from tax and considered as de minimis.
Terminal leave pay due to involuntary separation from employment of the employee is
now treated as de minimis benefits subject to the 10-day leave credit limit.
It is no longer exempt as part of exempt termination benefits.