De Minimis Benefits (PINGAD)

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De Minimis Benefits

 It refers to privileges such as entertainment, medical services, or courtesy discounts on


purchases which have a relatively small value and are granted by the employer, on top of
their basic salaries.
 It also helps in promoting health, goodwill, contentment, or efficiency of the employees.
 Under the TRAIN (Tax Reform for Acceleration and Inclusion) Law or RA 10963, D de
minimis benefits are petty fringe benefits that are exempted from tax.

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:

1. Monetized unused vacation leave credits of private employees.


Condition: Not exceeding 10 days
2. Monetized unused sick and vacation leave credits of government officials and employees.
3. Medical cash allowance to dependents
Limitation: Not exceeding P1,500 per employee per semester (or P250 a month)
4. Rice Subsidy
Limitation: Not exceeding P2,000 or 1 sack of 50kg rice per month worth P2,000 or less
5. Uniform and clothing allowance
Limitation: Not exceeding P6,000 per annum
6. Actual Medical Assistance
Limitation: Not exceeding P10,000 per annum
7. Laundry allowance
Limitation: Not exceeding P300 per month
8. Employee achievement award
Limitation: Must be in form of tangible property not exceeding P10,000 per annum
9. Gifts given during Christmas or major anniversary celebration.
Limitation: Not exceeding P5,000 per annum
10. Daily meal allowance for overtime work and night or graveyard shift
Limitation: Not exceeding 25% of the basic minimum wage on a per region basis.
11. Benefits received by an employee by virtue of collective bargaining agreement (CBA)
and productivity incentives scheme.
Limitation: Not exceeding P10,000 combined per annum.
Exception: In case of exceeding the limit, the whole amount is considered taxable.

Taxable de minimis benefits


1. Excess de minimis over their regulatory limits.
2. Other benefits of relatively small value that are not included in the list of de minimis
benefits.
Example: Transportation allowance, rent allowance, Travel allowance, Meal allowance
(regular employee)

Treatment of taxable de minimis benefits

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:

BENEFITS Actual Limit Excess


Monetized unused VL (1) 5,400 6,000 0
Monetized unused SL (2) 5,400 0 5,400
Medical Assistance (3) 7,000 10,000 0
Rice Subsidy (3) 30,000 24,000 6,000
Clothing allowance (3) 9,000 6,000 3,000
Laundry Allowance (3) 6,000 3,600 2,400
Taxable de minimis as “other benefits” P16,800
Explanation:

1. Unused days x daily rate: 9 days x P600= P5,400


2. Monetized unused sick leave for private employees is taxable.
3. Rice subsidy, laundry and clothing allowance all exceeded the regulatory limit.

Solution:

BENEFITS Actual Limit Excess


Monetized unused VL credits (1) 6,000 Exempt 0
Monetized unused SL credits (1) 9,000 Exempt 0
Uniform allowance 5,000 6,000 0
Laundry allowance (2) 4,800 3,600 1,200
Taxable de minimis as “other benefits” P1,200
Explanation:

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.

Commutation of accumulated leave credits

 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.

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