Home›Bar Review›2018›Taxation›Question III
Question III
III. Kim, a Filipino national, worked with K-Square, Inc. (KSI), and was seconded to various KSl-affiliated corporations:
1. from 1999 to 2004 as Vice President of K-Gold Inc.,
2. from 2004 to 2007 as Vice President of KPB Bank;
3. from 2007 to 2011 as CEO of K-Com Inc.;
4. from 2011 to 2017 as CEO of K-Water Corporation, where Kim served as CEO for seven years until his retirement last December 12, 2017 upon reaching the compulsory retirement age of 60 years.
All the corporations mentioned are majority-owned in common by the Koh family and covered by a BIR-qualified multiemployer-employee retirement plan (MEE RP), under which the employees may be moved around within the controlled group (i.e., from one KSI subsidiary or affiliate to another) without loss of seniority rights or break in the tenure. Kim was well-loved by his employer and colleagues, so upon retirement, and on his last day in office, KSI gave him a Mercedes Benz car worth PhP 5 million as a surprise, with a streamer that reads: "You'll be missed. Good luck, Sir Kim."
(a)(a) Are the retirement benefits paid to Kim pursuant to the MEERP taxable? (2.5%)
(b)(b) Which internal revenue tax, if any, will apply to the grant of the car to Kim by the company? (2.5%)
Model answer · ALAC
Answer — Legal basis — Application — Conclusion.
AI-drafted in ALAC form and AI-verified against landmark authorities — refined with every round of verification.