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is 13th month pay taxable under train law

by Lavina Harris Published 2 years ago Updated 1 year ago
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The 13th month pay is generally exempt from taxation. However, there is a prescribed limit to this exemption provided under Section 32 (B)(7)(e) of the National Internal Revenue Code (NIRC) – which was amended by Republic Act No. 10963 or the TRAIN law on January 2018.

Full Answer

Is 13th month pay exempt from tax under train?

New Tax Obligation Rate under TRAIN Law for 2018 Onwards. The 13th month pay is generally exempt from taxation. However, there is a prescribed limit to this exemption provided under Section 32 (B)(7)(e) of the National Internal Revenue Code (NIRC) – which was amended by Republic Act No. 10963 or the TRAIN law on January 2018.

Do I have to pay tax on 13th month pay?

However, you have to include your additional tax for 13th month pay. To calculate your 13th month pay tax, subtract ₱90,000 from your monthly salary. As stated, the tax exemption cap for 13th month pay is fixed at ₱90,000. Then, since there are 12 months in a year, divide the subtracted amount by 12.

How is the TRAIN law affecting the minimum wage earners (mwes)?

The Minimum Wage Earners (MWEs) bear the brunt of the law considering that the changes in the tax table did not affect them as they were exempted from tax even before the TRAIN law arrived. What made life difficult for the MWEs under the TRAIN law is that their overtime pay, night differential pay, and hazard pay are now taxable.

How much is my net take home pay under the TRAIN Law?

After the deductions, your taxable income is now ₱28,906.20. From that amount, the computation of your income tax is ₱1,614.64. After all the computations, your net-take home pay is ₱27, 291.56. For your convenience, you can also use this Tax Calculator. The salary cap of 13th month pay tax exemption is set to ₱90,000 under the TRAIN Law.

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Is 13th month pay taxable under train law Philippines?

Although the 13th Month Pay is promising, especially to the rank and file employees, it is taxable. But thanks to The TRAIN Law, this employee perk is only made taxable if the total salary exceeds P90,000 beginning of January 1, 2018.

What is exempted from taxable income New train law Philippines?

Under TRAIN, those with annual taxable income below PHP 250,000 are now exempt from paying personal income tax, while the rest of taxpayers, except the richest, will see lower tax rates ranging from 15 percent to 30 percent by 2023.

Is 13th and 14th month pay taxable Philippines?

Taxation of 13th month pay The 13th month pay is exempt from tax, up to a limit of PHP 82,000 (US$1600). However, in January 2018, the government issued the Tax Reform for Acceleration and Inclusion (TRAIN) law which raised this limit to PHP 90,000 (US$1,778).

Is monthly bonus taxable in the Philippines?

Non-Taxable Income-13th-month pay and Other Bonuses Any income received from the employer, including the 13th month and additional bonuses, is taxable.

Is overtime pay taxable under TRAIN law?

What made life difficult for the MWEs under the TRAIN law is that their overtime pay, night differential pay, and hazard pay are now taxable.

What are non taxable compensation in the Philippines?

Updated March 2018 Page 2 2 Starting January 1, 2018, compensation income earners, self-employed and professional taxpayers (SEPs) whose annual taxable incomes are P250,000 or less are exempt from the personal income tax (PIT). The 13th month pay and other benefits amounting to P90,000 are likewise tax-exempt.

What bonuses are not taxed?

You may be able to reduce taxes on your bonus to zero by asking your employer to make it a non-financial bonus. Examples of non-financial bonuses could include the ability to work from home or work flexible hours. Not all non-financial bonuses are tax-free, however.

Is 14th month pay taxable in Philippines?

In the Philippines, any payments over PHP 90,000 will be subject to taxes. In countries like Austria, the 13th and 14th month pay is taxed but at a significantly lower rate (6%) compared to the normal taxation rate.

What is the difference between 13th month pay and bonus?

13th month pay is pro-rated, while Christmas bonus is not. When you say pro-rated, the computation is based on the total basic annual salary of the employee, divided by 12 months (or months in a year) and multiplied by the number of months an employee has been working in the company.

How is income tax calculated in train law?

Under the TRAIN Law, the tax due on compensation income is computed using the graduated income tax rate. While the tax due on income from business is computed using the 8% income tax rate because he opted to do so.

Is Christmas bonus taxable in the Philippines?

A bonus like Christmas bonus is not under any legislation so there is no tax imposed on it.

Which of the following is exempted from VAT according to the train law?

Under the TRAIN Law, beginning January 1, 2021, VAT exemption on sale of real properties shall only apply to sale of real properties not primarily held for sale to customers or held for lease in the ordinary course of trade or business, sale of real property utilized for socialized housing, and sale of house and lot ...

What are the new changes in value added tax under the train law?

Republic Act No. 10963 or TRAIN took effect in 2018, cutting personal income tax while increasing the rates on some goods and services. Under the law, the BIR can only implement the 12% VAT on export-oriented companies once it improves the VAT refund system which will meet a standard refund within 90 days from filing.

Are the personal exemption and additional exemption still the same under the train law?

Personal and Additional Exemption under Train Law Under this new income tax law, it removed such exemptions and was replaced with the first 25 000 taxable income, which is now subject to zero percent (0%) income tax rate or non-taxable.

Which one is not included in the excise tax on sweetened beverages under the train law?

If the beverage contains purely HFCS or is a mixture of HFCS and any caloric or non-caloric sweetener, the excise tax rate is P12. 00/liter of volume capacity; If the beverage contains purely coconut sap sugar and purely steviol glycosides, it is exempt from excise tax.

What is 13th month pay in the Philippines?

13th month pay is an additional compensation given to employees in the Philippines typically at the end of a year. It is a mandatory benefit provid...

Is 13th month pay taxable?

13th month pay is taxable if it exceeds PHP 90,000. Courtesy of the TRAIN Law, this amount is relatively higher as compared to last year’s tax excl...

When will I receive my 13th month pay?

As set by the Department of Labor and Employment (DOLE), you should receive your 13th month not later than December 24 of every year.

Who is entitled to 13th month pay?

All rank-and-file employees in the private sector who have worked for at least one (1) month during the calendar year are entitled to receive 13th month pay regardless of their position, designation or employment status. Monetary compensations such as the following may not be regarded as part of the computation for this mandatory benefit:

Why do employers pay 13th month pay?

It is usually granted by employers to show appreciation and gratitude for the service rendered by their employees within a year. The 13th month pay, on the other hand, is required by law and employers who fail to provide them by the end of the year are subject to legal scrutiny by the Department of Labor and Employment (DOLE).

How many months is 13th month pay?

Computation of the 13th month pay primarily consists of the total basic monthly salary of an employee for the whole year, divided by twelve (12) months. Those who have worked for less than a year, however, are only entitled to receive the amount due to them on the number of months they were employed. Moreover, an employer is given the prerogative ...

When is the 13th month pay due?

Moreover, an employer is given the prerogative to release the 13th month pay in installments of two (2) to whichever number that is convenient to satisfy the condition that the mandatory benefit be given before December 24 every year. By practice, many companies maintain two installments, first in May and then in December, where the first fifty percent (50%) is given as an aid for employees to prepare for the opening of the regular school year in June.

When is 13th month pay required in the Philippines?

851, employers from the private sector in the Philippines are required to pay their rank-and-file employees a Thirteenth 13th Month Pay not later than December 24 every year.

Is Christmas bonus a requirement in the Philippines?

It is prescribed by Philippine labor laws as a mandatory benefit and should not be confused with the “Christmas bonus” commonly practiced in the local business setting. The Christmas bonus is not a demandable and enforceable obligation, and can only be released upon an employer’s voluntary discretion. It is usually granted by employers to show appreciation and gratitude for the service rendered by their employees within a year. The 13th month pay, on the other hand, is required by law and employers who fail to provide them by the end of the year are subject to legal scrutiny by the Department of Labor and Employment (DOLE).

Is holiday pay considered basic salary?

holiday pay; and. other allowances and monetary benefits not considered part of an employee’s basic salary. However, if some or all of the items enumerated in the list above are treated as part of the basic salary, then they shall be included in the final computation.

What is 13th Month Pay in the Philippines?

13th month pay is an additional compensation given to employees in the Philippines, typically at the end of a year. It’s a mandatory benefit provided to employees under Presidential Decree No. 851. [1] All rank-and-file employees who have worked for at least one month in a company are entitled to a 13th month pay, regardless of the nature of their employment and how they receive their wages.

How to calculate 13th month pay?

If you want to know how calculate your 13th month pay, just multiply your basic monthly salary by the number of months you’ve worked for the entire year, then divide the result by 12 months.

How to calculate 13th month salary in Philippines?

To compute your 13th month pay, multiply your basic monthly salary to the number of months you have worked for the entire year then divide the result to 12 months. Here is the basic 13th month pay formula in the Philippines.

How long does it take to get back pay after a resigning employee?

A resigned or terminated employee’s 13th month is usually given as part of their back or final pay. This might take a month or two months upon the employee’s resignation date. Make sure to check with your HR department to confirm the release date. Read more: Back Pay and Other Benefits You May Receive Upon Resignation.

What is the salary standardization law?

Under the Salary Standardization Law (Republic Act 11466), these bonuses are given to regular, contractual, casual, full-time, and part-time employees in the government sector, from the President down to the lowest-paid janitor or clerk.

When do you get your 13th month?

As set by the Department of Labor and Employment (DOLE), you should receive your 13th month not later than December 24 of every year.

Do you get back pay if you resigned?

Yes, resigned or terminated employees will still receive their 13th month pay as long as you worked for your employer or company for at least a month. The computation is still the same and the 13th month pay for resigned employees should be given as part of the back pay. [3]

Who is entitled to 13th month pay?

Who is statutorily entitled to receive 13th Month Pay? All rank-and-file employees in the Philippines, who have worked for at least one month during the relevant calendar year, are entitled to receive the 13th Month Pay benefit from their employer. A rank-and-file employee differs from a managerial employee.

When should employers consider 13th month pay?

Employers should always consider the cost of 13th Month Pay when recruiting a new employee – employers need to consider the full cost to the business when hiring an employee!

What is 13th Month Pay in the Philippines?

Historically, the Government of the Philippines developed an initiative to support Filipinos and Filipino families throughout the Christmas period by making provision in law and legislation for a mandatory “13th Month Pay ” benefit for employees in the Philippines.

What are not included in basic salary?

The general rule is that allowances and benefits which are not integrated as part of the basic salary such as the cost of living allowance (COLA), profit-sharing payments, cash equivalent of unused vacation and sick leave credits, overtime, premium and holiday pay are excluded from the computation.

Do employers pay 13th month pay?

Sometimes, employers will actually pay the 13th Month Pay benefit in equal instalments to their employees .

When does the 13th month pay start in PH?

In short, PH employers must disburse the 13th Month Pay benefit to all relevant employees on or before the 24th of December every year – just in time for Christmas!

Do you get 13th month pay if you resign?

This means that employees would only receive the 13th Month Pay benefit based on the number of months the employee was actually employed during the year.

When is the 13th month pay tax exemption?

Under the law, the 13th month pay should be given to private sector employees not later than December 24. It must be equivalent to one-twelfth (1/12) of the basic salary ...

What is the tax exemption cap for 13th month?

Members of the bicameral conference committee on the Tax Reform for Acceleration and Inclusion (TRAIN) bill have agreed on Wednesday to increase the tax exemption cap of 13th month pay and other bonuses to P90,000. Under current law or Republic Act 10653, the 13th month pay and other benefits, including productivity incentives ...

Is the 13th month pay taxed?

Under current law or Republic Act 10653, the 13th month pay and other benefits, including productivity incentives and Christmas bonuses, are exempted from tax if they do not exceed P82,000.

Do rank and file employees have to pay 13th month pay?

The senator reminded employers that they must pay their rank-and-file employees a 13th month pay regardless of the nature of their employment and whatever the method their wages are paid, provided they worked for at least one month during a calendar year. | Senate-PR.

What is the FBT for a supervisory employee?

If you provide more than the limitations, the amount in excess of the limit would be taxable and subject to withholding tax on compensation, if the recipient employee is a rank-and-file, or fringe benefits tax (FBT) of 32% if a supervisory or managerial employee.

How many days can you use vacation leave in a year?

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

Is de minimis pay taxable?

As further provided under Revenue Regulations No. 15-2011 that has become effective starting the year 2011, all other benefits given by employers which are not included in the above enumeration shall not be considered “de minimis benefits, and hence, shall be subject to income tax as well as withholding tax on compensation income. Please note also of the limitations as to amount because it is material to qualify for exemptions. If you provide more than the limitations, the amount in excess of the limit would be taxable and subject to withholding tax on compensation, if the recipient employee is a rank-and-file, or fringe benefits tax (FBT) of 32% if a supervisory or managerial employee. This is however subject to the rule on the P90,000 amount for 13th month pay and other benefits where excess de minimis benefits may not be taxable if the total of such excess plus the 13th month pay and other benefits is within the P90,000 limitation.

Is de minimis a deduction?

The amount of de minimis provided is a deductible salaries expense, while for the employee, it would constitute as an additional salary that is not deducted withholding tax on compensation.

What is taxable income?

Taxable income is the taxpayer’s gross income less allowable deductions. It’s used to compute how much income tax must be paid in a given year.

What is excluded from gross income?

According to the tax code 2, the following income types are NOT included in a taxpayer’s gross income computation (and are therefore tax-exempt):

What is compensation income?

Compensation income – Earnings from an employer-employee relationship, including salaries (plus any overtime pay, holiday pay, or night differential pay), fees, commissions, honoraria, taxable bonuses and allowances, and other benefits. b.

What is the tax base for OSD?

The tax base of OSD is Gross Income under Sec. 32 of NIRC (National Internal Revenue Code) and Gross sales/receipt for corporations and individuals, respectively.

What is the tax reform in the Philippines?

The Tax Reform for Acceleration and Inclusion (TRAIN) Act has lowered the personal income tax since the 2018 taxable year. The tax reform law introduce d a new tax structure that has resulted in higher take-home pay for employees in the Philippines.

What are the types of income that are not included in gross income?

According to the tax code 2, the following income types are NOT included in a taxpayer’s gross income computation (and are therefore tax-exempt): SSS, GSIS, Pag-IBIG, PhilHealth, and other government-mandated contributions .

Which country has the highest tax rate?

An ASEAN Briefing report notes that the Philippines, along with Thailand and Vietnam, has the highest maximum tax rate of 35%, as opposed to Cambodia’s and Singapore’s 20% rate.

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1.13th Month Pay Mandatory Benefit in the Philippines

Url:https://kittelsoncarpo.com/labor-employment/13th-month-pay/

9 hours ago Under the TRAIN Law 1, the 13th-month pay and other benefits received by an employee not exceeding Php 90,000 are excluded from the computation of gross income, and thus, exempt from taxation. Hence, if you receive a 13th-month pay amounting to more than Php 90,000, the excess of said amount is included in your gross income and shall be taxable. Go back to the …

2.How to Compute 13th Month Pay (Plus FAQs) - Moneymax

Url:https://www.moneymax.ph/personal-finance/articles/13th-month-pay-philippines

22 hours ago  · 13th month pay is taxable if it exceeds PHP 90,000. Courtesy of the TRAIN Law, this amount is relatively higher than the previous tax-exempt rate, which was PHP 82,000. 2.

3.Updated 2022: 13th Month Pay: A Guide for PH …

Url:https://cloudcfo.ph/blog/payroll/13th-month-pay-in-the-philippines-obligations-for-employers/

28 hours ago  · December 7, 2017. 2744. Members of the bicameral conference committee on the Tax Reform for Acceleration and Inclusion (TRAIN) bill have agreed on Wednesday to increase the tax exemption cap of 13th month pay and other bonuses to P90,000. Under current law or Republic Act 10653, the 13th month pay and other benefits, including productivity incentives …

4.TRAIN bicam raises tax-free 13th month pay, other …

Url:https://ptvnews.ph/train-bicam-raises-tax-free-13th-month-pay-bonuses-p90000/

32 hours ago TAX RULES ON EMPLOYEE BENEFITS AND PAY UNDER THE TAX REFORM FOR ACCELERATION AND INCLUSION (TRAIN) By Atty Elvin Tax Law 13th month pay, fringe benefits, minimum wage earner, tax. Tax rules on employee compensation and benefits change dramatically with the TRAIN law.

5.Tax Exempt De Minimis Benefits under TRAIN RA 10963 …

Url:https://taxacctgcenter.ph/tax-exempt-de-minimis-benefits-train-ra-10963-philippines/

31 hours ago This is however subject to the rule on the P90,000 amount for 13th month pay and other benefits where excess de minimis benefits may not be taxable if the total of such excess plus the 13th month pay and other benefits is within the P90,000 limitation. References: Revenue Regulations No. 15-2011. Revenue Regulations No. 8-2012

6.How To Compute Your Income Tax Using the New BIR …

Url:https://filipiknow.net/tax-table/

17 hours ago • Exempt 13th-month pay and other benefits increased to PHP90,000 • Fringe benefits tax rate increased to 35%: ... and those under the Taxpayer Account Management ... years after the TRAIN law’s effectivity, i.e., on or before 1 January 2023.

7.Tax Reform for Acceleration and Inclusion (TRAIN)

Url:https://www.pwc.com/ph/en/publications/pdf/TRAIN%20Law%20(PwC%20Philippines).pdf

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