Tax Exemption of the Separation Benefits Paid to Employee Separated from Service by Reason of Health Condition

April 13, 1992 BIR RULING NO. 122-92 28 (b) (7) (B) 097-92 122-92 Manila Electric Company (MERALCO) Ortigas Avenue, Pasig Metro Manila Attention: Mr . A . B . Factura VP-Legal Services Dept . Gentlemen : This refers to your request for a ruling that the separation benefits to be paid to Mr. Apollo B. Navarro by reason of health condition be exempt from all taxes pursuant to Section 28(b)(7)(B) of the Tax Code, as amended. Documents submitted shows that your employee, Mr. Apollo B. Navarro was certified by your company's Attending Physician, Dr. George M. Matti to be suffering from Maxillary Sinusitis, Bronchial Asthma, Hiatal Hernia and Premature Ventricular Contraction, and that said illness which has cardiac involvement affects the performance of his duties and endangers his life if he continues working. Said finding is confirmed by the BIR Medical Officer. In reply, please be informed that pursuant to Section 28(b)(7)(B) of the Tax Code, as amended, any amount received by an official or employee or by his heirs from the employer, as a consequence of separation of such official or employee from the service of the employer due to death, sickness or other physical disability or for any cause beyond the control of the said official or employee shall not be included in gross income and shall be exempt from taxation under Title II of the Tax Code. In view thereof, this Office is of the opinion as it hereby holds that any and all amounts which Mr. Apollo B. Navarro will receive from you as a result of his separation from the service of your company due to his aforesaid health condition are exempt from income tax and consequently, from withholding tax prescribed by Section 72, Chapter 10, Title II of the Tax Code, as amended by B.P. Blg. 135 and implemented by Revenue Regulations No. 6-82, as amended. It is however, understood that this exemption does not include your payment of Mr. Apollo B. Navarro's salary. aisadc Very truly yours, VICTOR A. DEOFERIO, JR. Deputy Commissioner Office-In-Charge