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

October 13, 1992 BIR RULING NO. 313-92 28 (b) (7) (B) 052-92 313-92 Marsman Company, Inc. 2246 Chino Roces Avenue, Makati, Metro Manila Attention: Mr . Efren M . Cruz Employee Relations Manager Human Resources Group Gentlemen : This refers to your request for a ruling that the separation benefits to be paid to MR. ISMAEL O. ACUA by reason of health condition be exempt from all taxes pursuant to Section 28(b)(7)(B) of the Tax Code, as amended. prcd Documents submitted show that your employee, Mr. Ismael O. Acua was certified by your company's Attending Physician, Dr. Teresa N. Banas to be suffering from Hypertensive Atherosclerotic Cardiovascular Disease, Chronic Bronchitis and Degenerative Osteoarthritis; and that said illness 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 her 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, including terminal leave pay (sick leave and vacation leave credits) which Mr. Ismael O. Acua 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. Ismael Acua's salary. cdpr Very truly yours, JOSE U. ONG Commissioner of Internal Revenue