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GROSS COMPENSATION
INCOME LESSON OBJECTIVES
1.Define gross Income
2. Discuss different classification of gross compensation income GROSS INCOME Gross income means the pertinent items of income referred to in Section 32(A) of the Tax Code. It includes all income from whatever source (unless exempt from tax by law) including, but not limited to, the following items: 1. Compensation for services in whatever form paid including 6. Royalties; fees, salaries and wages, 7. Dividends; commissions, and similar items; 8. Annuities; 2. Gross income derived from 9. Prizes and winnings; the conduct of trade or business or the exercise of a 10. Pensions; and profession; 11. Partners' distributive 3. Gains from dealings in share from the net income property; of general professional 4. Interests; partnership. 5. Rents; GROSS COMPENSATION INCOME Gross compensation income means any remuneration for rendering personal services. Generally, compensation income is obtained from an employer-employee relationship between payor and recipient. Classification of Gross Compensation Income The gross compensation income may be classified as follows:
1. Basic salary or wage
Salary refers to earnings received periodically for a regular work other than manual labor, such as a monthly salary of an employee. Wages, on the other hand, are earnings received usually according to specified intervals of work, as by the hour, day, or week. 2. Honoraria are payments given in recognition for services performed for which established practice discourages charging a fixed fee. The honorarium of a guest lecturer is an example. 3. Fixed or variable allowances In general, fixed or variable transportation, representation, COLA and other allowances that are received by a public officer or employee or officer or employee of a private entity, in addition to the regular compensation fixed for his position or office, are compensation subject to withholding tax. 4. Commission is usually a percentage of total sales or on certain quota of sales volume attained as part of incentive, such as sales commission. 5. Fees are received by an employee for the services rendered to the employer including a director's fee of the company, fees paid to the public officials, such as clerks of court or sheriffs for services rendered in the performance of their official duty over and above their regular salaries. 6. Tips and gratuities Tips or gratuities paid directly to an employee (by a customer of the employer) which are not accounted for by the employee to the employer are considered taxable income, but not subject to withholding tax. 7. Hazard or emergency pay This is an additional payment received due to workers' exposure to danger or harm while working. This is normally added to the basic salary together with the overtime pay and night differential pay to arrive at gross salary. Hazard, overtime, night shift differential and holiday pay of a minimum wage earner (MWE) is nontaxable, as long as the MWE has no other reportable income. (R.A. 9504). 8. Retirement pay It refers to a lump sum payment received by an employee who has served a company for a considerable period of time and has decided to withdraw from work into privacy. 1) SSS or GSIS retirement pays 2) Retirement pay RA 7641) due to old age provided that the following requisites are met: a. The retirement program is approved by the BIR Commissioner; b. It must be a reasonable benefit plan. Its implementation must be fair and equitable for the benefit of all employees (e.g. from president to laborer); c. The retiree should have been employed for 10 years in the said company; d. The retiree should have been 50 years old at the time of retirement; 9. Separation pay Separation pay is taxable if voluntarily availed of. It shall not be taxable if involuntary. Examples of involuntary separation are: a. Death; b. Sickness; c. Disability; d. Reorganization/merger of company; and e. Company at the brink of bankruptcy. 10. Pension This is a stated allowance paid regularly to a person on his retirement or to his dependents on his death, in consideration of past services, meritorious work, age, loss, or injury. 11. Vacation and sick leave The following rules shall be observed in determining whether money received for vacation and sick leave is taxable or not: a. If paid or availed of as salary of an employee who is on vacation or on sick leave notwithstanding his absence from work, it constitutes taxable compensation income. b. Monetized value of unutilized vacation leave credits of ten (10) days or less which were paid to private employees during the year are not subject to tax and to the c. Monetized value of vacation and sick leave credits paid to withholding tax. government officials and employees are not subject to income tax and to the withholding tax. 12. Thirteenth month pay and other benefits As a general rule, thirteenth month pay and other benefits are not taxable if the total amount received is P30,000 or less. Any amount exceeding P30,000 is taxable. [NIRC, Sec. 32(7)(e) 13. Fringe benefits and de Minimis The Tax Code defines fringe benefits as "any good, service, or other benefit furnished or granted by an employer, in cash or in kind, in addition to basic salaries of an individual employee. 14. Overtime pay This refers to premium payment received for working beyond regular hours of work which is included in the computation of gross salary of employee. Back pay and overtime pay constitute compensation. 15. Profit sharing It is the proportionate share in the profits of the business received by the employee in addition to his wages. 16. Awards for special services The amount received as an award for special services of employee, or suggestions to employer resulting in the prevention of theft or robbery. Awards for past services and the like are also compensations. 17. Beneficial payments Beneficial payments such as where an employer pays the income tax owed by an employee are additional compensation income. 18. Other forms of compensation Other forms received due to service rendered are compensation paid in kind. It is to be noted that compensation can be paid in kind but taxes are generally paid in money.