Revenue Regulation 05-08

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April 17, 2008

REVENUE REGULATIONS NO. 005-08


SUBJECT
:
Further Amendments to Revenue Regulations Nos. 2-98
and 3-98, as Last Amended by Revenue Regulations No. 10-2000, with
Respect to "De Minimis Benefits"
TO

All Internal Revenue Officials and Others Concerned

Pursuant to Sections 4 and 244 in relation to Section 33 of the Tax Code of


1997, these Regulations are hereby promulgated to further amend Revenue
Regulations (RR) Nos. 2-98 and 3-98, as last amended by RR No. 10-2000,
with respect to "De Minimis" benefits which are exempt from income tax on
compensation as well as from fringe benefit tax.
SECTION 1. Section 2.78.1 (A) (3) (c) and (d) of RR 2-98, as last amended by
RR 10-2000, is hereby further amended to read as follows:
"Sec. 2.78.1 Withholding of Income Tax on Compensation Income.
(A)

...

(1)

...

xxx
(3)

xxx

xxx

Facilities and privileges of relatively small value. . . .

xxx

xxx

xxx

The following shall be considered as "de minimis" benefits not subject to


income tax as well as withholding tax on compensation income of both
managerial and rank and file employees:
(a)

...

xxx

xxx

xxx

(c)
Rice subsidy of P1,500.00 or one (1) sack of 50 kg. rice per month
amounting to not more than P1,500.00;
(d)

Uniform and Clothing allowance not exceeding P4,000.00 per annum;

xxx

xxx

xxx

SECTION 2. Section 2.33 (C) of RR 3-98, as last amended by RR 10-2000, is


hereby further amended to read as follows:
"Sec. 2.33.

Special Treatment of Fringe Benefits.

(A)

Imposition of Fringe Benefits Tax . . .

xxx
(B)

xxx

xxx

Definition of Fringe Benefit . . .

xxx

xxx

xxx

(C)
Fringe Benefits Not Subject to Fringe Benefit Tax In general, the
fringe benefit tax shall not be imposed on the following fringe benefits:
xxx

xxx

xxx

The term "DE MINIMIS" benefits which are exempt from the fringe benefit tax
shall, in general, be limited to facilities or privileges furnished or offered by
an employer to his employees that are of relatively small value and are
offered or furnished by the employer merely as a means of promoting the
health, goodwill, contentment, or efficiency of his employees such as the
following:
(a)

...

xxx

xxx

xxx

(c)
Rice subsidy of P1,500.00 or one (1) sack of 50 kg. rice per month
amounting to not more than P1,500.00;
(d)
Uniform and Clothing allowance not exceeding P4,000.00 per annum;
SDATEc
xxx

xxx

xxx"

SECTION 3. Transitory Provisions. The benefits herein provided shall apply


to income earned starting the year 2008.
SECTION 4. Repealing Clause. All existing rules and regulations or parts
thereof which are inconsistent with the provisions of these regulations are
hereby revoked, repealed or modified accordingly.
SECTION 5. Effectivity Clause. These Regulations shall take effect after
fifteen (15) days following its publication in any newspaper of general
circulation.
(SGD.) MARGARITO B. TEVES
Secretary
Department of Finance

Recommending Approval:
(SGD.) LILIAN B. HEFTI
Commissioner
Bureau of Internal Revenue

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