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Author Archive

By: Gerardo Maximo Francisco on May 10, 2018

To fix the problem of “endo” (end-of-contract), House Bill No. 6908 (An Act Strengthening the Security of Tenure of Workers, Amending for the Purpose Presidential Decree No. 442, as amended, otherwise known as the “Labor Code”) proposes, as one major solution (another being the expansion of what constitutes prohibited “labor-only” contracting), the prohibition of employment with a fixed-term or definite period, except in the following cases: (i) OFWs (overseas Filipino workers), (ii) workers on probation, (iii) relievers who are temporary replacements of absent regular employees whose engagements shall not exceed six months, (iv) project employees, and (v) seasonal workers. The bill further states that “[c]lauses in employment contracts providing for a fixed term or definite period of employment are void.”


By Richelle Patawaran on May 3, 2018

Since 1903, the Philippines has been celebrating Labor Day annually to recognize the contribution of workers to the economy, and to raise awareness about labor issues affecting the rights of Filipino workers. In honor of Labor Day, we take this opportunity to revisit recent policies issued by the Department of Labor and Employment (DoLE) addressing the occupational health and safety of workers.


By: Mark Anthony P. Tamayo on April 26, 2018

Business entities engaged in the manufacture of finished products for eventual export typically source the majority of their raw material (RM) inputs from foreign suppliers. These purchases will, upon their importation, be subject to the payment of customs duties and import taxes (generally, value added tax or VAT). Said payments, however, may be recovered through the filing of a formal claim for refund (by way of duty drawback and an application for VAT refund) with the revenue authorities (customs or tax authorities, as the case may be) upon subsequent export of their finished products.


By Euney Marie Mata-Perez on April 19, 2018

With the tax-filing season recently concluded, we are certain that the BIR will be stepping up on its audit and collection efforts. Thus, knowing the rules in assessments, including how the BIR validly serves notices, is crucial.

Due process dictates that every taxpayer should be informed of the facts and basis of any assessment against him, and be given the opportunity to defend himself. For taxpayers to be informed, they must receive the proper BIR notices, of course. In many cases in the past, our courts had invalidated assessments for having been served on persons who were not authorized to receive them. On the other hand, once a taxpayer receives an assessment, he should reply, protest or appeal, as the case may be, within the prescribed period; otherwise, it can be fatal. We have seen defensible assessments becoming final simply because they were not properly acted upon.


By: Gerardo Maximo Francisco on April 12, 2018 Many employees took time off work last Monday, April 9, to commemorate Araw ng Kagitingan (Day of Valor), a regular Philippine holiday. Many others, including those whose employers provide services to persons abroad, reported for work on the same day. For those who were required to work […]


Contact Information

Our office address:

15/f Unit A. ACT Tower, H.V. Dela Costa St.
Salcedo Village, Makati City 1227 Philippines

Telefax: +632 831-1297

Telephone: +632 808-5375 • +632 815-0069

Email: info@mtfcounsel.com

Partners

Euney Marie J. Mata-Perez
euney.mata-perez@mtfcounsel.com

Mark Anthony P. Tamayo
mark.tamayo@mtfcounsel.com

Gerardo Maximo V. Francisco
gary.francisco@mtfcounsel.com