Benefits Classified/Considered As "De Minimis" Not Subject To Income Tax As Well As Withholding Tax

Revenue Memorandum Circular (RMC) No. 50-2018 is a circular that clarifies certain provisions of Revenue Regulations (RR) No. 8-2018 and 11-2018 as amended by RR Nos. 15-2018 and 14-2018, respectively.  The stated RRs were issued to implement the TRAIN law's income tax provisions including its consequent withholding tax. 

As of January 1, 2018, the following are the "de minimis" benefits:

a. Monetized unused vacation leave credits of private employees not exceeding ten (10) days during the year; 

b. Monetized value of vacation and sick leave credits paid to government officials and employees; 

c. Medical cash allowance to dependents of employees not exceeding P 1,500.00 per employee per semester or P250.00 per month; 

d. Rice subsidy of P2.000.00 or one (1) sack of 50 kg. rice per month amounting to not more than P2,000.00; 

e. Uniform and clothing allowance not exceeding P6,000.00 per annum; 

f. Actual medical assistance, e.g., medical allowance to cover medical and healthcare needs. annual medical/executive check-up, maternity assistance, and routine consultations, not exceeding P10.000.00 per annum;

g. Laundry allowance not exceeding P300.00 per rnonth; 

h. Employees achievement awards, e.g., for length of service or safety achievement, which must be in the form of a tangible personal property other tl-ran cash or gift certificate, with an annual monetary value not exceeding P10,000.00 received by the employee under an established written plan which does not discriminate in favor of highly paid employees; 

i. Gifts given during Christmas and major anniversary celebrations not exceeding P5.000.00 per employee per annum

j. Daily, meal allowance for overtime work and night/grave yard shift not exceeding twenty-five percent (25%) of the basic minimum wage on a per a region basis; and 

k. Benefits received by an employee by virtue of a collective bargaining agreement (CBA) and productivity incentive schemes provided that the total annual monetary value received from both CBA and productivity incentive schemes combined do not exceed ten thousand pesos (P10,000) per employee per taxable year. 

All other benefits given by employers which are not included in the above enumeration shall not be considered as "de minimis'' benefits and hence, shall be subject to income tax as well as withholding tax.

The benefits given in excess of the maximum amount allowed as "de minimis" benefits shall be included as part of "other benefits" which is subject to the P90.000.00 ceiling. Any amount in excess of the P90,000 shall be subject to income tax and consequently, to the withholding tax on compensation. 

Please refer: https://www.bir.gov.ph/images/bir_files/internal_communications_2/RMCs/2018/RMC%20No%2050-2018.pdf of RMC No. 50-2018.