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Saturday, May 03, 2008

 

Rice, clothing allowance
exempted from taxes

 
THE Bureau of Internal Revenue (BIR) said Friday that it has exempted rice and clothing allowances received by employees from income taxation.

In a revenue regulation, Finance Secretary Margarito B. Teves said rice subsidy of P1,500 a month, uniform and clothing allowance not exceeding P4,000 per year are benefits not subject to income tax as well as withholding tax on compensation income of both managerial and rank and file employees.

The directive comes amid record prices of rice, which has seen the Philippines jacking up its import of the staple.

The BIR earlier said all fees received by non-classified employees but members of corporate boards are still subject to withholding and value added taxes (VAT).

Commissioner Lilian B. Hefti said fees received by the director who is not an employee of the corporation are subject to 10 percent creditable withholding tax, adding this is if his gross income does not exceed P720,000, or 15 percent of the gross income.

Aside from fees, Hefti said the creditable withholding tax covers per diems, allowances, and any other form of income payment made to the director.

Normally, directors’ duties and fees are confined to the attendance of and participation in the meetings of the board.

“These payments fall under professional fees, talent fees, etc., for services rendered by individuals,” Hefti’s directive read.

Aside from being liable for the payment of the income tax, Hefti said directors who are not employees, having received fees which had been reported in their annual income tax returns as part of their gross income should likewise be liable to pay business taxes on account of such receipt of income.

“They fall under the category of sellers of services under Title IV of the [Tax] Code who are liable to pay the 12 percent VAT on their gross receipts pursuant to Section 108 thereof, or to the 3 percent percentage tax imposed under Section 116, should they fail to meet the VAT threshold,” she said.

Hefti clarified that fees received by directors who also serve as employees are subject to the withholding tax on wages, but they are exempted from paying VAT.

“The above tax treatment applies whenever it is established that the director and the corporation has an employer-employee relationship,” the directive read .
-- Chino S. Leyco

  
 

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