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

December 28, 1992 BIR RULING NO. 382-92 28 (b) (7) (B) 277-92 382-92 Philippine Long Distance Company P. O. Box No. 952 Makati, Metro Manila Attention: P . A . Caoili Manager-Fin . Acctg . Department Gentlemen : This refers to your request for a ruling that the separation benefits to be paid to Mr. Rogelio F. Martin by reason of health condition are exempt from all taxes pursuant to Section 28 (b) (7) (B) of the Tax Code, as amended. cdpr Documents submitted show that your employee, Mr. Rogelio F. Martin was certified by your Company Physician, Dr. Ponciano Ci Vera Cruz to be suffering from Maxillary Tumor with orbital extension 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. Rogelio F. Martin will receive as a result of his 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. Rogelio F. Martin's salary. prcd Very truly yours, JOSE U. ONG Commissioner of Internal Revenue