Tax Solutions on Employee Compensation and Benefits, 2nd Edition 2019
₱998.00
Tax Solutions on Employee Compensation and Benefits, 2nd Edition, presents the changes on compensation income tax under R.A. 10963 or the TRAIN Law. The rates and withholding rules have changed after the passage of the law with the new withholding tax tables. The book however, addresses the main challenge for employers which is saving on tax while maximizing the take home of employees.
This work tackles this matter with the presentation of options to minimize tax implications. The revenue regulation, RR 8-2018 implements the TRAIN Law and is discussed in this work in a manner designed for understanding.
RR 11-2018 was also issued by the BIR which primarily deals with the changes on withholding rules. The author provides several sample computations and illustrations
of important concepts like exemption of compensation income of minimum wage earners. Tax on income beyond the non-taxable limit of P20,833 per month. Exclusions from substituted filing rules, among others. The preferential tax treatment of alien employees has been removed.
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The TRAIN Law likewise increases the ceiling for the 13 th month pay and other benefits from the previous P82,000.00 to P90,000.00. This is another useful item to maximize the grant of benefits with minimal tax impact.
De Minimis Benefits are discussed in a comprehensive manner focusing on its availability for tax savings. The list has been updated and some amounts have been increased like that of rice subsidy, medical allowance for dependents, and uniform and clothing allowance.
Fringe benefits are also discussed in combination with all the other benefits granted by the new law and regulations. It is now at 35% which is an increase from the former 32%. The rules on computation of grossed-up monetary value, value of the benefits, and tax accounting rules of the benefits are detailed with examples.
HR and compensation and benefits practitioner as well as managers and business owners will appreciate the exposition of the rules, doctrines and principles under the new tax system.
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Description
Title: Tax Solutions on Employee Compensation and Benefits, 2nd Edition 2019
Author: Atty. Elvin B. Villanueva
Publisher: Central Book Supply, Inc.
ISBN: 978-621-02-0723-1
No. Of Pages: Approx. 230
Size: 6″x9″
Binding: Softbound
TABLE OF CONTENTS
Preface
Introduction
CHAPTER I
BASIC TAXATION PRINCIPLES
- The power to tax
A.1 Limitations on the power to tax
CHAPTER II
INCOME TAX
- Definition of Income
- Taxability of Income
B.1 Requisites for taxability
- Individual as taxpayer
C.1 Tax on an employee under the TRAIN Law
C.1.1 Tax rules governing employees
C.1.2 Employee as resident citizen
C.2 Tax rates
C.2.1 Basis of computation of wages
C.3 Withholding of tax on compensation income
C.3.1 Not qualified for substituted filing
C.3.2 Frequency of payment of wages
C.3.4 Suggested formula in obtaining equivalent monthly rate
C.4 Basic rules on withholding
C.4.1 Exemption from withholding tax on compensation
C.4.2 Withholding tax table under TRAIN law
C.5 How to determine the amount to be withheld using the withholding tax table
C.6 Illustration
CHAPTER III
MAXIMIZING TAX SAVINGS UNDER THE TRAIN LAW
- NON-TAXABLE LIMIT UNDER THE TRAIN LAW
- GRANTING AN ALLOWANCE
CHAPTER IV
13TH MONTH PAY AND OTHER BENEFITS
- REVISED CEILING OF 13TH MONTH PAY AND OTHER BENEFITS
A.1 Coverage of 13th month pay
A.2 Exclusion from the benefit
A.2.1 Meaning of “its equivalent”
A.3 Illustration
CHAPTER V
DE MINIMIS BENEFITS
- MEANING OF DE MINIMIS BENEFITS (DMB)
A.1 Amended list
A.2 Sample annual values of DMB
A.3 Illustrating the effect of DMB beyond the non-taxable range of WT table
CHAPTER VI
TAX TREATMENT
ON NEWLY HIRED EMPLOYEES WITH PREVIOUS EMPLOYER
- Cumulative average method
A.1 Use of cumulative average method
- Applying average cumulative method to newly hired employee with previous employer within the calendar year
CHAPTER VII
TAX TREATMENT
ON EMPLOYEE TERMINATED BEFORE THE END OF CALENDAR YEAR
- Annualized Withholding Tax Method
A.1 Treatment of deficiency or excess
A.2 Illustration of annualized computation
A.3 Illustration of Year-End Adjustments
A.4 Withholding tax on compensation of employees other than rank-and-file
CHAPTER VIII
FRINGE BENEFITS
- NEW RATES ON FRINGE BENEFITS
A.1 Fringe benefit tax is payable by employer
A.2 Fringe benefits rates for local and alien employees
A.3 Grossed-up monetary value (GMV) of benefit
A.4 Certain fringe benefits
A.4.1 Non-taxable fringe benefits
A.5 Illustration of grant of fringe benefits
- DETERMINATION OF THE AMOUNT SUBJECT TO THE FRINGE BENEFIT TAX
B.1 Value of fringe benefits
B.2 Housing privilege to company directors who received fixed salaries as company officers taken from retained earnings
B.3 Ruling on housing allowance
B.4 Treatment of car plan for managers and executives
B.5 Leased car used for official and personal purposes
B.6 Case of car maintenance allowance
B.7 Fringe benefit ruled as for convenience of employer
B.8 Tax accounting for the fringe benefit furnished to the employee and the fringe benefit tax due thereon
B.9 Tax credit (TCC) cannot be used against the FBT liability of employer
B.10 Tax accounting of fringe benefits
CHAPTER IX
RETURNS AND PAYMENT OF TAXES WITHHELD AT SOURCE
- MANNER, VENUE AND TIME OF FILING OF WITHHOLDING TAX RETURNS AND PAYMENT OF TAXES WITHHELD AT SOURCE
- WITHHOLDING TAX STATEMENT FOR TAXES WITHHELD
- ANNUAL INFORMATION RETURN AND ANNUAL ALPHABETICAL LIST OF PAYEES FOR INCOME TAX WITHHELD AT SOURCE
CHAPTER X
REGISTRATION AND OTHER RULES ON WITHHOLDING
- APPLICATION FOR REGISTRATION FOR INDIVIDUALS EARNING COMPENSATION INCOME (BIR FORM NO. 1902)
- CURRENT MULTIPLE EMPLOYMENTS
- SUCCESSIVE MULTIPLE EMPLOYMENT
- PROCEDURES FOR THE FILING OF THE APPLICATION FOR REGISTRATION (BIR FORM NO. 1902) AND/OR APPLICATION FOR REGISTRATION INFORMATION UPDATE (BIR FORM NO. 1905)
- EMPLOYEES WITHHOLDING STATEMENTS (BIR FORM 2316)
- SUBSTITUTED FILING OF INCOME TAX RETURNS BY EMPLOYEES RECEIVING PURELY COMPENSATION INCOME
F.1 Return for Individuals Earning Purely Compensation Income (BIR Form No. 1700)
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I………. Introduction ……………………………………………………. 1
II……… Chapter I: Pre-hiring forms ………………………………. 3
A….. Sample Application Form …………………………. 5
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C….. Employment Checklist …………………………….. 23
III…….. Chapter II: Contracts at point of hiring …………….. 27
A….. Employment Contracts ……………………………. 27
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H….. Contract for Part Time Employment ………… 113
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IV…….. Chapter III: Forms Used During Employment ….. 125
A….. Notices to Explain ………………………………… 129
Sample notices to explain (where imposable penalty is a warning) for the following offenses 131
i…… Violation of company policies on …………………… 132
1….. General Cleanliness ……………………………… 132
2….. Littering ………………………………………………. 133
3….. Smudging ……………………………………………. 134
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5….. Designated dining areas ………………………… 136
ii….. Attendance …………………………………………………. 138
1….. Unauthorized undertime ………………………… 138
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3….. Violation of lunch break schedule …………… 140
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iii…. Unauthorized absences ………………………………… 142
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2….. Failure to give notice for sickness ……………. 144
iv…. Punctuality/Time-keeping …………………………….. 146
1….. Tardiness …………………………………………….. 146
2….. Failure to log-in ……………………………………. 148
3….. Failure to log-out ………………………………….. 149
v….. Knowingly punching timecard or logging in attendance for other employees 150
vi…. Unauthorized alteration made on one’s timecard or attendance sheet 151
vii… Unauthorized alteration made on other’s timecard with consent of such employee 153
viii.. Unauthorized alteration made on other’s timecard without the consent of such employee 154
ix…. Unauthorized removal of one’s timecard or attendance sheet 155
x….. Unauthorized removal of another’s timecard or attendance sheet 157
xi…. Unauthorized concealment of one’s timecard or attendance sheet 158
xii… Unauthorized concealment of another’s timecard or attendance sheet 159
xiii.. Intentional destruction of one’s timecard or attendance sheet 161
xiv… Intentional destruction of another’s timecard or attendance sheet 162
xv…. Dress Code ………………………………………………….. 164
1….. Without uniform ……………………………………. 164
a….. Reporting for work not in prescribed dress code 164
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a….. Reporting for work not in prescribed uniform (barong or blouse) 165
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c….. Reporting for work not in prescribed uniform (blazer) 169
xvi… Identification card ……………………………………….. 171
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vi…. Unauthorized alteration made on one’s timecard or attendance sheet 257
vii… Unauthorized alteration made on other’s timecard with consent of such employee 258
viii.. Unauthorized alteration made on other’s timecard without the consent of such employee 260
ix…. Unauthorized removal of one’s timecard or attendance sheet 262
x….. Unauthorized removal of another’s timecard or attendance sheet 263
xi…. Unauthorized concealment of one’s timecard or attendance sheet 265
xii… Unauthorized concealment of another’s timecard or attendance sheet 266
xiii.. Intentional destruction of one’s timecard or attendance sheet 268
xiv… Intentional destruction of another’s timecard or attendance sheet 269
xv…. Dress Code ………………………………………………….. 271
1….. Without uniform ……………………………………. 271
a….. Reporting for work not in prescribed dress code 271
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a….. Reporting for work not in prescribed uniform (barong or blouse) 272
b….. Reporting for work not in prescribed uniform (pants or skirt) 274
c….. Reporting for work not in prescribed uniform (blazer) 277
xvi… Identification card ……………………………………….. 278
1….. Failure to wear ID card ………………………….. 278
2….. Refusal to wear ID card ………………………….. 280
3….. Deliberate destruction of ID card …………….. 281
4….. Deliberate mutilation of ID card ……………… 283
5….. Alteration of entries in the ID card …………… 285
6….. Concealment of one’s ID card ………………… 287
7….. Concealment of another’s ID card……………. 288
8….. Unauthorized and improper use of ID card .. 290
xvii.. Loitering …………………………………………………….. 293
1….. Loitering in unrestricted area ………………….. 293
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xviii. Insubordination ……………………………………………. 296
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9….. Refusal to issue disciplinary action to subordinate 310
10….. Refusal to obey lawful orders of Superior ….. 312
11….. Refusal to give information in a company investigation 313
C….. Notice imposing disciplinary action (suspension). 315
i…… Attendance …………………………………………………. 315
1….. Unauthorized undertime ………………………… 315
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ii….. Insubordination ……………………………………………. 318
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iii…. Willful breach of trust (with mitigating circumstance) 320
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D….. Notice of Dismissal ………………………………………. 324
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