8box Solutions Inc.


Contact Number: 09369340340
Email: sales@8box.solutions

REVENUE REGULATIONS NO. 11-2010 issued on October 26, 2010 further clarifies the term “Managerial and Technical Positions” under Section 2.57.1(D) of Revenue Regulations (RR) No. 2-98, as amended, and modifies for this purpose Revenue Memorandum Circular (RMC) No. 41- 09 including the guidelines on availment of the 15% preferential Income Tax rate for qualified Filipino personnel employed by Regional or Area Headquarters (RHQs) and Regional Operating Headquarters (ROHQs) of multinational companies. Filipinos employed by ROHQs or RHQs in a managerial or technical position shall have the option to be taxed at either 15% of their gross income or at the regular Income Tax rate on taxable compensation income in accordance with Section 24 of the Tax Code, if the employer is governed by Book III of Executive Order (EO) No. 226, as amended by Republic Act (RA) No. 8756. All other employees are considered as regular employees who are subject to the regular Income Tax rate on their taxable compensation income. Filipinos exercising the option to be taxed at 15% preferential rate for occupying the same managerial or technical position as that of an alien employed in an ROHQ or RHQ must meet all the following requirements: a. Position and Function Test – The employee must occupy a managerial position or technical position and must actually be exercising such managerial or technical functions pertaining to said position; b. Compensation Threshold Test – In order to be considered a managerial or technical employee for Income Tax purposes, the employee must have received, or is due to receive under a contract of employment a gross annual taxable compensation of at least PhP 975,000.00 (whether or not this is actually received); Provided that, a change in compensation as a consequence of which, such employee subsequently receiving less than the compensation threshold stated in this section shall, for the calendar year when the change becomes effective, result in the employee being subject to the regular Income Tax rate. Beginning December 31, 2013 and on December 31 every three years thereafter, the compensation threshold shall be adjusted to its present value using the Philippine Consumer Price Index (CPI), as published by the National Statistics Office. The adjusted compensation shall take effect not earlier than the first day of the calendar month immediately following the issuance of a corresponding RMC on the matter. c. Exclusivity Test – The Filipino managerial or technical employee must be exclusively working for the RHQ or ROHQ as a regular employee and not just a consultant or contractual personnel. Exclusivity means having just one employer at a time. For purposes of determining the compensation threshold under these Regulations, gross compensation shall not include retirement and/or separation pay/benefits (whether or not taxable), as well as items considered as de minimis benefits. Provided, that the foregoing shall be considered in determining the Income Tax due at the time of the employee’s retirement or separation. At the start of the year or at the start of the employee’s employment, as the case may be, it is important to determine whether the employee shall receive, or is due to receive under a contract of employment, a gross annual compensation equivalent to or above the compensation threshold. The determination should, as far as practicable, include both regular taxable compensation income and supplementary compensation income. The Withholding Tax regime applicable to employees who opted to be subjected to the 15% Final Withholding Tax rate is different from the Withholding Tax on Compensation imposable on regular employees. Consequently, where an employee who is subject to the 15% Final Withholding Tax rate works for more than one employer, which are both ROHQs or RHQs at any one time in a taxable year, then such employers need not annualize the employees compensation. The annualized withholding method will only apply in the case of employees, having more than one employer in a calendar year, whose income is subject to withholding tax on compensation. On the other hand, when during the same year, an employee is subject to both the 15% Final Withholding Tax rate and the regular Income Tax rate, then the employer under whom the employee is subject to the regular Income Tax rates shall annualize that employee’s compensation that was subject to the regular Income Tax rates. The determination of whether or not the employee qualifies for the final withholding tax rate of 15% shall be made on a yearly basis. In cases where the total compensation cannot be determined at the start of the year or employment, the option to be taxed at 15% cannot be exercised. The determinant test whether a Filipino employee has the option to avail of the 15% preferential rate as a manager or technical employee is independent of the criteria in the imposition of fringe benefits tax under Section 33 of the Tax Code, as implemented by Revenue Regulations No. 3-98, as amended. Hence, there would be instances where a Filipino employee shall enjoy a 15% preferential rate as a technical employee but may not be covered by the fringe benefits tax not being a supervisory employee. Inasmuch as the option to be subject to 15% preferential rate and the coverage of fringe benefits tax are independent of each other, there would be instances where a Filipino employee shall enjoy a 15% preferential rate as a technical employee but may not be covered by the fringe benefits tax not being a supervisory employee. For a Filipino managerial or technical employee to have the option to be taxed at 15% of his or her gross income, the RHQ or ROHQ must file the documents specified in the Regulations with the Revenue District Office having jurisdiction over it or, for ROHQs or RHQs that are considered large taxpayers, with the LT Assistance Division/LT Regulatory Division/LTDOs. In case of failure to file any of the requirements stated under Section 7 of the Regulations or the filing of false information, the regular Income Tax shall be imposed on the employee. Any person who willfully files a declaration, return or statement containing information which is not true and correct as to every material matter shall, upon conviction, be subject to the penalties prescribed for perjury under the Revised Penal Code. Moreover, any and all applicable criminal offense (e.g. tax evasion) under the Tax Code, as amended, shall be charged against any person who is discovered to have committed any false declaration or misrepresentation. The transitory provision shall cover compensation payments made from January 1, 2010. All affected taxpayers are allowed to make necessary adjustments in their Withholding Tax remittances (Withholding Tax on Compensation or 15% Final Withholding Tax on Compensation) without penalties, but in no case beyond January 31, 2011. However, compliance to existing rules and regulations on the availment of abatement of penalties should be complied by the ROHQ/RHQ. All affected taxpayers are required to file an amended BIR Form 1601C and/or BIR Form 1601F to cover adjustments necessary as a result of these regulations. The rules and guidelines in changes in classification of employee are specified in the regulations.