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

December 7, 1992 BIR RULING NO. 349-92 28 (b) (7) (B) 277-92 349-92 PONC Shipping & Transport Corporation PNOC Building 7901 Makati Avenue, Makati Metro Manila Attention: Ms . Ma . Cristina M . Manorca HRM Manager Gentlemen : This refers to your request for a ruling that the separation benefits to be paid to Mr. Carlito R. Artango by reason of health condition are exempt from all taxes pursuant to Section 28(b)(7)(B) of the Tax Code, as amended. llcd Documents submitted show that your employee, Mr. Carlito R. Artango was certified by his Physician, Dr. Raul C. Fernandez to be suffering from Inferiro Wall Ischemia and Diabetes Mellitus 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 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. Carlito R. Artango will receive as a result of its separation from the service of your company due to the 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 payments of Mr. Carlito R. Artango's salary. cdll Very truly yours, VICTOR A. DEOFERIO, JR. Deputy Commissioner