This
return shall be filed in triplicate by every withholding agent
(WA)/payor who is either an individual or non-individual, required
to deduct and withhold taxes on fringe benefits furnished or
granted to employees other than rank and file employees subject
to Final Withholding Taxes
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If
the Government of the Philippines, its political subdivisions
or any Agency or Instrumentality, as well as government-owned
or controlled corporation is withholding agent/payor, the return
may be made by the officer or employee having control of disbursement
of income payment or other officer or employee appropriately designated
for the purpose. |
If
the person required to withhold and pay the tax is a corporation,
the return shall be made in the name of the corporation and shall
be signed and verified by the president, vice-president, or any
authorized officer and countersigned by the treasurer or assistant
treasurer. |
With
respect to a fiduciary, the returns shall be made in the name
of the individual, estate or trust for which such fiduciary acts
and shall be signed and verified by such fiduciary. In case of
two or more joint fiduciaries, the return shall be signed and
verified by one of such fiduciaries. |
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When and
Where to Remit |
The
return shall be filed and the tax paid on or before the twenty-fifth(25th)
day of the month following the quarter in which the fringe benefits
were granted to the recipients. |
The
return shall be filed and the tax paid with the Authorized Agent
Bank (AAB) of the Revenue District Office having jurisdiction
over the withholding agent's place of business/office. In places
where there are no Authorized Agent Banks, the return shall be
filed and the tax paid with the Revenue Collection Officer or
the duly Authorized City or Municipal Treasurer of the Revenue
District Office having jurisdiction over the withholding agent's
place of business/office, who will issue a Revenue Official Receipt
(BIR Form No. 2524) therefor. |
Where
the return is filed with an AAB, the lower portion of the return
must be properly machine-validated and duly stamped by the Authorized
Agent Bank to serve as the receipt of payment. The machine validation
shall reflect the date of payment, amount paid and transaction
code, and the stamped mark shall show the name of the bank, branch
code, teller's code and teller's initial. The AAB shall also issue
an official receipt or bank debit advice or credit document, whichever
is applicable, as additional proof of payment. |
A
taxpayer may file a separate return for the head office and for
each branch or place of business/office or a consolidated return
for the head office and all the branches/offices except in the
case of large taxpayers where only one consolidated return is
required. |
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Fringe
Benefit Defined |
Fringe benefit means any good, service or other benefit furnished
or granted by an employer in cash or in kind, in addition to basic
salaries to employees (except rank and file employees) such as,
but not limited to the following: |
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1. |
Housing; |
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2. |
Expense
account; |
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3. |
Vehicle
of any kind; |
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4. |
Household
personnel, such as maid, driver and others; |
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5. |
Interest
on loan at less than market rate to the extent of the difference
between the market rate and actula rate granted; |
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6. |
Membership
fees, dues and other expenses borne by the employer for the employee
in social and athletic clubs or other similar organizations; |
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7. |
Expenses
for foreign travel; |
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8. |
Holiday
and vacation expenses; |
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9. |
Educational
assistance to the employee or his dependents; and |
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10. |
Life
or health insurance and other non-life insurance premiums or similar
amounts in excess of what the law allows. |
ATC
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TAX
RATE
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WI
360 |
In
general |
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Effective
January 1, 1999 |
33%
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Effective
January 1, 2000 |
32%
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WI
330 |
For
non-resident alien individual who is not engaged in trade or business
in the Philippines |
25%
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WI
320 |
For
Alien and Filipino employed and occupying the same position as
those of aliens employed by the following |
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multinational
companies: |
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1.)
regional or area headquarters of a multinational company or regional
operating headquarters of a multinational company |
15%
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2.)
an offshore banking unit of a foreign bank established in the
Philippines |
15%
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3.)
a foreign service contractor or a foreign service subcontractor
engaged in petroleum operations in the Philippines |
15%
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Computation
of Tax |
The
final withholding tax on fringe benefit shall be computed based
on the taxable grossed-up monetary value* multiplied by
the applicable tax rate. |
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*
The grossed-up monetary value of the fringe benefit
shall be determined by dividing the monetary value of the fringe
benefit as provided for in Revenue
Regulations No 3-98 by the percentage divisor in accordance with
the following schedule: |
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For
citizen, resident alien, and non-resident alien engaged in trade
or business in the Philippines: |
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Effective
January 1, 1999 |
67%
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Effective
January 1, 2000 |
68%
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For
non-resident alien individual who is not engaged in trade or business
in the Philippines |
75%
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For
Alien and Filipino employed and occupying the same position as
those of aliens employed by the following |
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multinational
companies: |
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1.)
regional or area headquarters of a multinational company or regional
operating headquarters of a multinational company |
85%
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2.)
an offshore banking unit of a foreign bank established in the
Philippines |
85%
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3.)
a foreign service contractor or a foreign service subcontractor
engaged in petroleum operations in the Philippines |
85%
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Penalties |
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There
shall be imposed and collected as part of the tax: |
1. |
A
surcharge of twenty five percent (25%) for each of the following
violations: |
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a. |
Failure
to file any return and pay the amount of tax or installment due
on or before the due date; |
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b. |
Unless
otherwise authorized by the Commissioner, filing a return with
a person or office other than those with whom it is |
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required
to be filed; |
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c. |
Failure
to pay the full or part of the amount of tax shown on the return,
or the full amount of tax due for which no return is |
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required
to be filed on or before the due date; |
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d. |
Failure
to pay the deficiency tax within the time prescribed for its payment
in the notice of assessment. |
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2. |
A
surcharge of fifty percent (50%) of the tax or of the deficiency
tax, in case any payment has been made on the basis of such return
before the |
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discovery
of the falsity or fraud, for each of the following violations: |
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a. |
Willful
neglect to file the return within the period prescribed by the
Code or by rules and regulations; or |
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b. |
In
case a false or fraudulent return is willfully made. |
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3. |
Interest
at the rate of twenty percent (20%) per annum, or such higher
rate as may be prescribed by rules and regulations, on any unpaid
amount of |
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tax,
from the date prescribed for the payment until the amount is fully
paid. |
4. |
Compromise
penalty. |
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Note:
All background information must be properly filled up. |
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Box
Nos. 1 and 2 refer to transaction period and not the date of filing
this return. |
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The
last 3 digits of the 12-digit TIN refers to the branch code. |
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TIN
= Taxpayer Indentification Number |
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