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Philippine Bar review · Question

Practice question: Taxability

Multiple Choice Medium

Practice question

An employer pays a cash performance reward for employee services and merely labels it a gift. No applicable exclusion is established. Does the label itself place it under the genuine-gift exclusion?
  1. Yes, every employer may choose the tax result by label
  2. No; its actual compensatory character must be examined rather than treating the label as conclusive
  3. Yes, all employee rewards are gifts
  4. Only the envelope color matters
  5. Every payment is excluded if called voluntary

Legal references

  • NIRC, Sections 26, 32(B) and 40(A), (C)(3)-(5), read with later amendments: https://lawphil.net/statutes/repacts/ra1997/ra_8424_1997.html
  • RA 12214 (CMEPA), Sections 3-4, 8 and 28, amended NIRC Sections 22, 24 and 32 and transition: https://lawphil.net/statutes/repacts/ra2025/ra_12214_2025.html

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