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The
government has taken a proactive stance in adopting
social-welfare programs for the hoi polloi nowadays.
Recently, the cheaper-medicine bill, which aims to lower
the price of medicine in the country, was signed into
law (Republic Act 9502), while the previously approved
P20 increase in the minimum wage in the National Capital
Region shall also take effect later this month.
A plan
to extend financial assistance to Manila Electric Co. (Meralco)
consumers with a predetermined monthly consumption has
similarly been initiated.
With all
these programs falling like manna from heaven, the
information that amendments to the National Internal
Revenue Code (Republic Act 8424) primarily aimed at
alleviating the taxpayer’s burden are now within grasp
and is definitely a welcome addition thereto.
In an
unparalleled show of compassion, our honorable
legislators from both houses of Congress recently
introduced the tax-relief bill, and with the adoption by
the House of Representatives of the Senate version, it
already became an “enrolled bill.” Hence, we are now
merely waiting for the President to either affix her
signature therein or let it lapse into becoming a law.
Under
the tax-relief bill “minimum wage earners,” referred to
“as workers in the private sector paid the statutory
minimum wage, or to employees in the public sector with
compensation income of not more than the statutory
minimum wage in the nonagricultural sector where they
were assigned,” are now exempt from the payment of
income tax, which shall include the holiday pay,
overtime pay, night-shift differential pay and hazard
pay given to the minimum-wage earners.
Notably,
the tax-relief bill uses the statutory minimum wage in
the nonagricultural sector as basis for the income-tax
exemption of government employees, instead of an earlier
proposal limiting the tax-exemption privilege to
government employees who occupy positions with Salary
Grade 5 and below. The salary grade determines the base
pay of government employees, and due to existing
variance between the statutory minimum wage as set by
the Regional Tripartite Wage Boards, which varies per
region, and base pay of government employees with Salary
Grade 5 and below, our legislators deemed it necessary
to adopt the statutory minimum wage in the
nonagricultural sector as basis of the tax exemption of
government employees.
Another
revolutionary scheme initiated by Congress in the
tax-relief bill is the application of uniform amount of
basic personal-exemption allowance. The tax-relief bill
does away with the current differentiation in the amount
of personal-exemption allowance on the basis of the tax
status of the individual taxpayer (i.e., single, legally
separated, head of the family and married taxpayers)
which means that each individual taxpayer shall be
entitled to a uniform P50,000 personal-exemption
allowance. Aside from this, heads of family and married
taxpayers with qualified dependent shall also be
entitled to higher additional exemption allowance from
P8,000 to P25, 000 for each qualified dependent not
exceeding four.
Thus,
for example, a married individual taxpayer receiving a
salary more than the minimum wage with four dependents
shall be entitled to P150,000 as deduction from his/her
taxable income, which is more than double the P64,000
he/she is currently entitled to under the Tax Code.
The
Optional Standard Deduction (OSD) that an individual
taxpayer engaged in business and/or practice of
profession may claim in lieu of the itemized deductions
was likewise increased from 10 percent of gross income
to 40 percent of gross sales/receipts. The legislative
branch equally treaded new grounds by giving
corporations the prerogative to avail themselves of the
OSD computed at 40 percent of their gross income.
Apparently, the tax-relief bill, with its munificence to
taxpayers, qualifies more as social legislation rather
than a tax measure since it mainly promotes social
justice, which, in the words of Justice Laurel, “is the
humanization of laws and the equalization of social and
economic forces by the State so that justice in its
rational and objectively secular conception may at least
be approximated.” (Calalang v. Williams, G.R. 47800,
December 2, 1940)
The author is an associate of BDB Law. If you have any
comments or questions concerning the article, you can
e-mail the author at olivegil.m.beltran@bdblaw.com.ph or
call 8562952. |