OUR VISION
TAXATION CHALLENGES OF POGOs
By:Euney Marie J. Mata-Perez on December 5,2019
The Philippines is becoming a major player in the offshore gaming industry worldwide.
CBWS IN AND OUT CONCEPT
By: Mark Anthony P. Tamayo on November 28,2019
Last of two parts
IN last week’s column, we discussed the basic concept of a customs bonded warehouse (CBW) in line with the newly issued guidelines under Customs Administrative Order (CAO) 13-2019.
CBWS IN AND OUT CONCEPT
By: Mark Anthony P. Tamayo on November 21,2019
First of two parts
The new guidelines on the establishment, operation, supervision and control of customs bonded warehouses (CBWs) was recently issued by the Department of Finance (DoF) and Bureau of Customs (BoC).
OECD PROPOSED RULES ON TAXATION OF DIGITALIZING ECONOMIES
By: Euney Marie J. Mata-Perez on November 14,2019
NEW rules on taxation of digitalized transactions are being proposed by OECD (Organization for Economic Co-operation and Development), and these rules will be game changing in international taxation.
THE GLOBAL TAX ADVISERS PLATFORM AND ITS PRIORITIES
By: Euney Marie J. Mata-Perez on November 7,2019
The world is getting smaller. Cross-border and digital transactions are becoming an integral part of business and everyday life. Thus, a global approach to taxing digital transactions is essential; otherwise, the risk of different countries promulgating their own rules leading to double taxation is very high. There are also calls for the use of taxation to contribute to sustainability, increasing tax morale and tax certainty, as well as respect for taxpayers’ rights.
HOW DOES CITIRA-PROPOSED TAX INCENTIVES RATIONALIZATION WORK?
By: Euney Marie J. Mata-Perez on October 31,2019
So much has been written about the rationalization of tax incentives under the proposed Comprehensive Income Tax and Incentives Rationalization Act (Citira) or House Bill 4157. Thus, an understanding as to how the rationalization actual works is crucial.
10-year period to lower CIT under Citira — too long?
By: Euney Marie J. Mata-Perez on October 24,2019
In a joint statement released this week, 11 business groups expressed support for the “overall corporate income tax framework” under the proposed Corporate Income Tax and Incentives Rationalization Act (Citira) or House Bill 4157. Citira proposes, among others, the lowering of the existing 30-percent corporate income tax (CIT) to 20 percent and the rationalizing of our fiscal or tax incentives. It has been approved on third and final reading by the House of Representatives last month, fasttracking the government’s corporate tax reform package.
‘DISTINCT BUT INSEPARABLE’: TP AND CUSTOMS VALUATION RULES
By: Mark Anthony Tamayo on October 17,2019
MULTINATIONAL companies engaged in related party transactions normally set up their respective transfer pricing (TP) policies for the purpose of achieving their specific operating profit margin targets. It is common though that the target would materially fall outside of the arm’s-length range at year-end. This is due to myriad reasons relating to unexpected changes in, among others, market developments, regulations, competition, or in economic circumstances at the regional or country specific level.
UPWARD OR DOWNWARD? TP AUDIT VS CUSTOMS AUDIT
By: Mark Anthony Tamayo on October 10,2019
Under Republic Act 10963, or the Tax Reform for Acceleration and Inclusion Act (Train), the excise tax rates (which went up from last year’s rates) on diesel, bunker fuel and gasoline will further increase in 2020. A likely consequence of an excise tax hike is the possible surge in fuel smuggling.
EMPLOYER-EMPLOYEE RELATIONSHIP TEST
By: Gerardo Maximo V. Francisco on October 3,2019
The jurisdiction of the National Labor Relations Commission (NLRC) is limited to cases or disputes where there is an employer-employee relationship between the parties. If no such employer-employee relationship exists, then the regular courts would have jurisdiction over the case or dispute.
REVISITING BIR RULES ON VALUATION OF UNLISTED SHARES OF STOCK
By: Euney Marie J. Mata-Perez on September 26,2019
IN sale of shares outside the facilities of the stock exchange, gain is calculated by deducting cost from the higher of the selling price or the fair market value of the shares sold. Unlike valuation of land, our National Internal Revenue Code (Tax Code) does not contain any express provision prescribing how to determine fair market value of shares of stock of corporations for taxation purposes. This gave the tax authorities some leeway in determining share valuation.
THE MAJOR AND OTHER AMENDMENTS PROPOSED BY CITIRA
By: Euney Marie J. Mata-Perez on September 19,2019
The House of Representatives of this 18th Congress approved on third and final reading House Bill 4157 or the Citira (Corporate Income Tax and Incentive Rationalization Act), Package 2 of the government’s Comprehensive Tax Reform Program. As we all know, the counterpart version of this bill (previously named Tax Reform for Attracting Better and High-Quality Opportunities or Trabaho bill) was approved by the House of Representatives of the 17th Congress way back in September 2018. However, the deliberations of the previous bill did not progress since then because of the 2019 elections. Now, it will be the Senate’s turn to deliberate on it.
PROPOSED AMENDMENTS TO THE PUBLIC SERVICE ACT OF 1936
By: Kathlene Guiang on September 12,2019
Under the 1987 Philippine Constitution, the grant of franchise, certificate, or any other form of authorization for the operation of a public utility is limited to Filipino citizens and to entities at least 60 percent of whose capital is owned and controlled by Filipino citizens.
LIABILITIES OF CORPORATIONS VESTED WITH PUBLIC INTEREST
By: Euney Marie J. Mata-Perez on September 5,2019
With the passage of the Revised Corporation Code (RCC), it is now important for corporations to determine whether or not they qualify as “corporations vested with public interest”.
UNDERSTANDING THE FUEL MARKING PROGRAM
By: Mark Anthony P. Tamayo on August 29, 2019
Under Republic Act 10963, or the Tax Reform for Acceleration and Inclusion Act (Train), the excise tax rates (which went up from last year’s rates) on diesel, bunker fuel and gasoline will further increase in 2020. A likely consequence of an excise tax hike is the possible surge in fuel smuggling.
CTRP PACKAGE 2+ AND THE PENDING MINING TAX BILLS
By: Euney Marie J. Mata-Perez on August 22, 2019
With the passage of Republic Act 11346, which increases the excise tax on tobacco products to P45 per pack by 2020 from the current P35, Congress is quickly working on the passage of the other bills comprising the so-called Package 2+ of the Comprehensive Tax Reform Program (CTRP).
WHAT HAPPENED TO THE PROPOSED AMENDMENTS TO BANK SECRECY ACT?
By: Euney Marie J. Mata-Perez on August 15,2019
The news is replete with discussions on the refiling of the proposed bills for the other TRAIN Packages with the 18th Congress. However, there seems to be no discussion yet on any proposed amendment to the Bank Secrecy Act, Republic Act (RA) 1405, as amended, particularly the proposed amendments to Section 6 of the National Internal Revenue Code (Tax Code).
NEW SEC NAME GUIDELINES
By: Nica Marsha Gasapo on August 8,2019
The Securities and Exchange Commission (SEC) issued the Amended Guidelines and Procedures on the Use of Corporate and Partnership Names (Amended Guidelines) through SEC Memorandum Circular (MC) 13, Series of 2019.
THE BUSINESS OF VAT
By: Euney Marie J. Mata-Perez on August 1, 2019
There is a specific rationale behind the imposition of value-added tax (VAT). VAT was not intended to be imposed on every transaction or transfer. Its imposition must bear some relevance to the taxpayer’s role or link in the production chain. While ultimately it is a tax on consumption (since the final consumers bear the entire VAT), VAT is actually assessed on various levels of the production chain and imposed based on the “value-added” or contribution by the taxpayer in the production chain. The absence or presence of profit is immaterial.
PH’s FIRST DIGITAL ASSET TOKEN OFFERING, OTHER BLOCKCHAIN NEWS
By: Samantha L. Poblacion on July 25,2019
There have been several major developments in the virtual currency space since our article, entitled “Regulating the Virtual Currency Space”, which was published on July 8, 2018.
INPUT VAT AS INCOME TAX DEDUCTIONS
By: Euney Marie J. Mata-Perez on July 18, 2019
Should input value-added tax (VAT) or VAT passed on by a taxpayer’s supplier of goods or services be allowed as a deduction from income tax, if the claim for refund or tax credit was denied or disallowed?
LIBERALIZING FOREIGN OWNERSHIP IN RETAIL TRADE BUSINESS
By: Aziza Hannah Bacay on July 11,2019
Our present government has been pushing to liberalize foreign ownership restrictions to drive growth.
Among the sectors the government is looking at to liberalize is the retail trade. It is also looking at introducing amendment to the Public Service Act (Commonwealth Act No. 146) and the Foreign Investment Act (Republic Act [RA] No. 7042) in this regard.
UNPACKING THE ESTATE TAX AMNESTY PROCEDURE
By: Samantha L. Poblacion on July 5, 2019
In pursuit of its mandate to enact the implementing rules and regulations (IRR) of the Tax Amnesty Act (otherwise known as Republic Act 11213), the Bureau of Internal Revenue (BIR) released the IRRs for availment of amnesty on estate and delinquent taxes.
PROPOSED AMENDMENTS TO REIT IRR
By: Euney Marie J. Mata-Perez on June 27, 2019
In last week’s article, we mentioned that it has been almost 10 years since the passage of (RA 9856), or “An Act Providing the Legal Framework for Real Estate Investment Trust and for Other Purposes” (REIT Act). However, up to this date, no REIT has been established in our country.
TAXATION AND OTHER ISSUES OF REITS
By: Euney Marie J. Mata-Perez on June 20, 2019
First of 2 parts)
It has been almost ten years since the passage of Republic Act No. 9856, or An Act Providing the Legal Framework for Real Estate Investment Trust and for Other Purposes (REIT Act of 2009). However, up to this date, no REIT has been established in our country.
MORE PRIVILEGES AND RIGHTS TO PWDS
By: Nica Marsha Gasapo on June 13, 2019
On May 27, 2019, House Bill (HB) 9106 (HB 9106) entitled “An Act Granting Additional Privileges to Persons with Disabilities,” was approved on third reading by members of the House of Representatives of the 17th Congress, and transmitted to the Senate on May 28, 2019. The bill seeks to amend the Magna Carta for Persons with Disabilities (Republic Act 7277, as amended, or the ‘Magna Carta’ and grant additional privileges to persons with disabilities (PWDs). Although the 17th Congress ended its sessions last week without the bill being enrolled or passed into law, we expect HB 9106, or the amendments it proposes, will be refiled with the next Congress for their consideration.
REVISITING REFORMS
THE PROPOSED SIN TAX BILL AND THE NEW ESTATE TAX AMNESTY RULES
By: Euney Marie J. Mata-Perez on June 6, 2019
MTF Tax and Legal Seminar
Before I discuss today’s topic, I would like to invite everyone to our CPD-accredited legal and tax seminar scheduled on July 17, 2019. Please check our website, www.mtfcounsel.com or email us at info@mtfcounsel.com if interested. Topics will include customs and tax updates, data privacy and the new Revised Corporation Code.
Sin tax bill
SEC NOTICE – USE OF THE GENERAL INFORMATION SHEET WITH BENEFICIAL OWNERSHIP DISCLOSURE PAGE
By: Atty. Medienne Isabelle M. Castillon
On May 30, 2019, the Securities and Exchange Commission (SEC) requested the public to comment on the latest version of the General Information Sheet (GIS) which requires the disclosure of beneficial owners. Pursuant to SEC Memorandum Circular No. 17, Series of 2018, the latest version of the GIS shall contain a Beneficial Ownership Information page. In the said page, the corporate secretary shall disclose “any natural person who ultimately owns or controls the corporation” as well as “contributors or donors” which may either be a corporation, partnership, or trust.
PIERCING THE VEIL OF OPC’s
By: Euney Marie J. Mata-Perez on May 30, 2019
A corporation is an artificial person with a juridical personality separate from its stockholders, directors, and officers. With this personality, corporations enjoy the benefits of succession, limited liability protection, centralized management and generally free-transferability of shares.
NEW MATERIAL RELATED PARTY TRANSACTION DISCLOSURE RULES
By: Euney Marie J. Mata-Perez on May 23, 2019
To promote good governance and protect minority stockholders, the Securities and Exchange Commission (SEC) recently issued Memorandum Circular No. 10, Series of 2019, promulgating the Rules on Material Related Party Transactions for Publicly-Listed Companies. The rules became effective on April 27, 2019.
OUR VISION
HOW DOES CITIRA-PROPOSED TAX INCENTIVES RATIONALIZATION WORK?
By: Euney Marie J. Mata-Perez on October 31,2019
So much has been written about the rationalization of tax incentives under the proposed Comprehensive Income Tax and Incentives Rationalization Act (Citira) or House Bill 4157. Thus, an understanding as to how the rationalization actual works is crucial.
10-year period to lower CIT under Citira — too long?
By: Euney Marie J. Mata-Perez on October 24,2019
In a joint statement released this week, 11 business groups expressed support for the “overall corporate income tax framework” under the proposed Corporate Income Tax and Incentives Rationalization Act (Citira) or House Bill 4157. Citira proposes, among others, the lowering of the existing 30-percent corporate income tax (CIT) to 20 percent and the rationalizing of our fiscal or tax incentives. It has been approved on third and final reading by the House of Representatives last month, fasttracking the government’s corporate tax reform package.
‘DISTINCT BUT INSEPARABLE’: TP AND CUSTOMS VALUATION RULES
By: Mark Anthony Tamayo on October 17,2019
MULTINATIONAL companies engaged in related party transactions normally set up their respective transfer pricing (TP) policies for the purpose of achieving their specific operating profit margin targets. It is common though that the target would materially fall outside of the arm’s-length range at year-end. This is due to myriad reasons relating to unexpected changes in, among others, market developments, regulations, competition, or in economic circumstances at the regional or country specific level.
UPWARD OR DOWNWARD? TP AUDIT VS CUSTOMS AUDIT
By: Mark Anthony Tamayo on October 10,2019
Under Republic Act 10963, or the Tax Reform for Acceleration and Inclusion Act (Train), the excise tax rates (which went up from last year’s rates) on diesel, bunker fuel and gasoline will further increase in 2020. A likely consequence of an excise tax hike is the possible surge in fuel smuggling.
EMPLOYER-EMPLOYEE RELATIONSHIP TEST
By: Gerardo Maximo V. Francisco on October 3,2019
The jurisdiction of the National Labor Relations Commission (NLRC) is limited to cases or disputes where there is an employer-employee relationship between the parties. If no such employer-employee relationship exists, then the regular courts would have jurisdiction over the case or dispute.
REVISITING BIR RULES ON VALUATION OF UNLISTED SHARES OF STOCK
By: Euney Marie J. Mata-Perez on September 26,2019
IN sale of shares outside the facilities of the stock exchange, gain is calculated by deducting cost from the higher of the selling price or the fair market value of the shares sold. Unlike valuation of land, our National Internal Revenue Code (Tax Code) does not contain any express provision prescribing how to determine fair market value of shares of stock of corporations for taxation purposes. This gave the tax authorities some leeway in determining share valuation.
THE MAJOR AND OTHER AMENDMENTS PROPOSED BY CITIRA
By: Euney Marie J. Mata-Perez on September 19,2019
The House of Representatives of this 18th Congress approved on third and final reading House Bill 4157 or the Citira (Corporate Income Tax and Incentive Rationalization Act), Package 2 of the government’s Comprehensive Tax Reform Program. As we all know, the counterpart version of this bill (previously named Tax Reform for Attracting Better and High-Quality Opportunities or Trabaho bill) was approved by the House of Representatives of the 17th Congress way back in September 2018. However, the deliberations of the previous bill did not progress since then because of the 2019 elections. Now, it will be the Senate’s turn to deliberate on it.
PROPOSED AMENDMENTS TO THE PUBLIC SERVICE ACT OF 1936
By: Kathlene Guiang on September 12,2019
Under the 1987 Philippine Constitution, the grant of franchise, certificate, or any other form of authorization for the operation of a public utility is limited to Filipino citizens and to entities at least 60 percent of whose capital is owned and controlled by Filipino citizens.
LIABILITIES OF CORPORATIONS VESTED WITH PUBLIC INTEREST
By: Euney Marie J. Mata-Perez on September 5,2019
With the passage of the Revised Corporation Code (RCC), it is now important for corporations to determine whether or not they qualify as “corporations vested with public interest”.
UNDERSTANDING THE FUEL MARKING PROGRAM
By: Mark Anthony P. Tamayo on August 29, 2019
Under Republic Act 10963, or the Tax Reform for Acceleration and Inclusion Act (Train), the excise tax rates (which went up from last year’s rates) on diesel, bunker fuel and gasoline will further increase in 2020. A likely consequence of an excise tax hike is the possible surge in fuel smuggling.
CTRP PACKAGE 2+ AND THE PENDING MINING TAX BILLS
By: Euney Marie J. Mata-Perez on August 22, 2019
With the passage of Republic Act 11346, which increases the excise tax on tobacco products to P45 per pack by 2020 from the current P35, Congress is quickly working on the passage of the other bills comprising the so-called Package 2+ of the Comprehensive Tax Reform Program (CTRP).
WHAT HAPPENED TO THE PROPOSED AMENDMENTS TO BANK SECRECY ACT?
By: Euney Marie J. Mata-Perez on August 15,2019
The news is replete with discussions on the refiling of the proposed bills for the other TRAIN Packages with the 18th Congress. However, there seems to be no discussion yet on any proposed amendment to the Bank Secrecy Act, Republic Act (RA) 1405, as amended, particularly the proposed amendments to Section 6 of the National Internal Revenue Code (Tax Code).
NEW SEC NAME GUIDELINES
By: Nica Marsha Gasapo on August 8,2019
The Securities and Exchange Commission (SEC) issued the Amended Guidelines and Procedures on the Use of Corporate and Partnership Names (Amended Guidelines) through SEC Memorandum Circular (MC) 13, Series of 2019.
THE BUSINESS OF VAT
By: Euney Marie J. Mata-Perez on August 1, 2019
There is a specific rationale behind the imposition of value-added tax (VAT). VAT was not intended to be imposed on every transaction or transfer. Its imposition must bear some relevance to the taxpayer’s role or link in the production chain. While ultimately it is a tax on consumption (since the final consumers bear the entire VAT), VAT is actually assessed on various levels of the production chain and imposed based on the “value-added” or contribution by the taxpayer in the production chain. The absence or presence of profit is immaterial.
PH’s FIRST DIGITAL ASSET TOKEN OFFERING, OTHER BLOCKCHAIN NEWS
By: Samantha L. Poblacion on July 25,2019
There have been several major developments in the virtual currency space since our article, entitled “Regulating the Virtual Currency Space”, which was published on July 8, 2018.
INPUT VAT AS INCOME TAX DEDUCTIONS
By: Euney Marie J. Mata-Perez on July 18, 2019
Should input value-added tax (VAT) or VAT passed on by a taxpayer’s supplier of goods or services be allowed as a deduction from income tax, if the claim for refund or tax credit was denied or disallowed?
LIBERALIZING FOREIGN OWNERSHIP IN RETAIL TRADE BUSINESS
By: Aziza Hannah Bacay on July 11,2019
Our present government has been pushing to liberalize foreign ownership restrictions to drive growth.
Among the sectors the government is looking at to liberalize is the retail trade. It is also looking at introducing amendment to the Public Service Act (Commonwealth Act No. 146) and the Foreign Investment Act (Republic Act [RA] No. 7042) in this regard.
UNPACKING THE ESTATE TAX AMNESTY PROCEDURE
By: Samantha L. Poblacion on July 5, 2019
In pursuit of its mandate to enact the implementing rules and regulations (IRR) of the Tax Amnesty Act (otherwise known as Republic Act 11213), the Bureau of Internal Revenue (BIR) released the IRRs for availment of amnesty on estate and delinquent taxes.
PROPOSED AMENDMENTS TO REIT IRR
By: Euney Marie J. Mata-Perez on June 27, 2019
In last week’s article, we mentioned that it has been almost 10 years since the passage of (RA 9856), or “An Act Providing the Legal Framework for Real Estate Investment Trust and for Other Purposes” (REIT Act). However, up to this date, no REIT has been established in our country.
TAXATION AND OTHER ISSUES OF REITS
By: Euney Marie J. Mata-Perez on June 20, 2019
First of 2 parts)
It has been almost ten years since the passage of Republic Act No. 9856, or An Act Providing the Legal Framework for Real Estate Investment Trust and for Other Purposes (REIT Act of 2009). However, up to this date, no REIT has been established in our country.
MORE PRIVILEGES AND RIGHTS TO PWDS
By: Nica Marsha Gasapo on June 13, 2019
On May 27, 2019, House Bill (HB) 9106 (HB 9106) entitled “An Act Granting Additional Privileges to Persons with Disabilities,” was approved on third reading by members of the House of Representatives of the 17th Congress, and transmitted to the Senate on May 28, 2019. The bill seeks to amend the Magna Carta for Persons with Disabilities (Republic Act 7277, as amended, or the ‘Magna Carta’ and grant additional privileges to persons with disabilities (PWDs). Although the 17th Congress ended its sessions last week without the bill being enrolled or passed into law, we expect HB 9106, or the amendments it proposes, will be refiled with the next Congress for their consideration.
REVISITING REFORMS
THE PROPOSED SIN TAX BILL AND THE NEW ESTATE TAX AMNESTY RULES
By: Euney Marie J. Mata-Perez on June 6, 2019
MTF Tax and Legal Seminar
Before I discuss today’s topic, I would like to invite everyone to our CPD-accredited legal and tax seminar scheduled on July 17, 2019. Please check our website, www.mtfcounsel.com or email us at info@mtfcounsel.com if interested. Topics will include customs and tax updates, data privacy and the new Revised Corporation Code.
Sin tax bill
SEC NOTICE – USE OF THE GENERAL INFORMATION SHEET WITH BENEFICIAL OWNERSHIP DISCLOSURE PAGE
By: Atty. Medienne Isabelle M. Castillon
On May 30, 2019, the Securities and Exchange Commission (SEC) requested the public to comment on the latest version of the General Information Sheet (GIS) which requires the disclosure of beneficial owners. Pursuant to SEC Memorandum Circular No. 17, Series of 2018, the latest version of the GIS shall contain a Beneficial Ownership Information page. In the said page, the corporate secretary shall disclose “any natural person who ultimately owns or controls the corporation” as well as “contributors or donors” which may either be a corporation, partnership, or trust.
PIERCING THE VEIL OF OPC’s
By: Euney Marie J. Mata-Perez on May 30, 2019
A corporation is an artificial person with a juridical personality separate from its stockholders, directors, and officers. With this personality, corporations enjoy the benefits of succession, limited liability protection, centralized management and generally free-transferability of shares.
NEW MATERIAL RELATED PARTY TRANSACTION DISCLOSURE RULES
By: Euney Marie J. Mata-Perez on May 23, 2019
To promote good governance and protect minority stockholders, the Securities and Exchange Commission (SEC) recently issued Memorandum Circular No. 10, Series of 2019, promulgating the Rules on Material Related Party Transactions for Publicly-Listed Companies. The rules became effective on April 27, 2019.
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Our office address:
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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
