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To clarify the taxability of the medical allowance granted to qualified government civilian personnel, the Bureau of Internal Revenue (BIR) issued Revenue Memorandum Circular (RMC) No. 107-2024.

Background

Executive Order (EO) No. 64, series of 2024, mandates that starting 2025, a medical allowance not exceeding P7,000.00 per annum shall be granted to qualified government civilian personnel as a subsidy for the availment of health maintenance organization (HMO)-type benefits. 

The benefit applies to all civilian government personnel across the executive, legislative, and judicial branches, as well as Constitutional Commissions, other constitutional offices, government-owned or controlled corporations (GOCCs) not covered by Republic Act No. 10149 (GOCC Governance Act of 2011), and local government units. This is applicable regardless of appointment status, whether regular, contractual, casual, appointive, elective, full-time, or part-time.

However, the allowance does not extend to government officials and employees who already receive HMO-based health care services through special laws, nor to officials and employees of the legislative and judicial branches and other offices vested with fiscal autonomy.

Taxability of the Medical Allowance

The BIR clarified that the medical allowance granted under EO No. 64 qualifies as a de minimis benefit under Section 2.78.1(A)(3) of Revenue Regulations (RR) No. 2-98, as amended. De minimis benefits are minor benefits provided by employers to promote health, goodwill, contentment, efficiency, and are not considered taxable compensation.

Among the de minimis benefits listed in RR No. 2-98, as amended, is medical assistance—such as a medical allowance to cover healthcare needs, annual medical or executive check-ups, maternity assistance, and routine consultations—provided it does not exceed P10,000.00 per annum.

As such, the actual premium paid to HMO providers, in compliance with EO No. 64, are exempt from income tax and withholding tax. However, any medical allowance in excess of P10,000.00 (the maximum allowed for de minimis benefits for medical assistance) will be classified as part of “other benefits” subject to the P90,000.00 annual tax exemption threshold. Any amount beyond this threshold will be taxable.

Please be guided accordingly.


Source:

P&A Grant Thornton

Certified Public Accountants

P&A Grant Thornton is the Philippine member firm of Grant Thornton International Ltd.

 

As published in SunStar Cebu, dated 14 November 2024