Title
Amendments on Tax-Exempt De Minimis Benefits
Law
Bir Revenue Regulations No. 1-2015
Decision Date
Jan 5, 2015
BIR Revenue Regulations No. 1-2015 amends existing tax regulations to exempt "De Minimis" benefits, including those from collective bargaining agreements and productivity incentive schemes, from income tax and fringe benefit tax, provided their total annual value does not exceed ten thousand pesos per employee.

Law Summary

Amendments to Fringe Benefit Tax Exemptions Concerning De Minimis Benefits

  • Further amends Section 2.33 (c) of RR No. 3-98, as last amended by RR 8-2012, relating to the special treatment of fringe benefit tax.
  • Clarifies that benefits under CBAs and productivity incentive schemes are exempt from fringe benefit tax.
  • The exemption applies only if the combined annual value of such benefits does not exceed Php10,000 per employee per taxable year.

Scope and Application of the Amendments

  • Applies to benefits granted to employees under CBAs and productivity incentive schemes.
  • Ensures these benefits remain exempt from both income tax on compensation and fringe benefit tax within the specified monetary limit.

Repealing Clause

  • All existing rules, regulations, and issuances inconsistent with these amendments are modified, amended, or revoked to the extent of the inconsistency.

Effectivity Clause

  • These regulations took effect immediately upon their publication.

Legal and Administrative Authorities Involved

  • Promulgated pursuant to Sections 4 and 244 in relation to Section 33 of the Tax Code of 1997.
  • Issued by the Secretary of Finance and the Commissioner of Internal Revenue.

Key Legal Concepts

  • De minimis benefits refer to non-monetary benefits or trivial benefits of small value granted to employees.
  • Collective Bargaining Agreement (CBA) benefits and productivity incentive schemes are specifically included in the scope of de minimis benefits.
  • The threshold for exemption from income tax and fringe benefit tax on such benefits set at Php10,000 per year per employee.

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