Summary
RMC No. 19-2016 clarifies that the Monthly Provisional Allowance and Monthly Officer’s Allowance given to military personnel under a recent Executive Order are subject to Income Tax.
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Key points
- Basis. Section 3 of RA No. 9040 lists the pay and allowances of Armed Forces members that are exempt from Income Tax. The two allowances under the Executive Order are not on that list.
- Reasoning stated. Where the law lists the subjects it covers, those not expressly mentioned are excluded from its effect.
- Result. Not being in the Section 3 enumeration, the Monthly Provisional Allowance and Monthly Officer’s Allowance are subject to Income Tax.
Who is affected
- Military personnel and officers receiving the Monthly Provisional Allowance and Monthly Officer’s Allowance
Summary by Tax Resources PH. It is not a substitute for the full text of the issuance or professional advice.
Copies of BIR issuances are hosted here for reference. For the official version, check bir.gov.ph. Summaries by Tax Resources PH are not a substitute for the full text or professional advice.
