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Liability to pay in tax evasion cases

By Nica Marsha Gasapo on June 30,2022 UNDER the Rules of Court, civil action deemed instituted with a criminal action is only the action to recover civil liability arising from the crime. In a criminal action for tax evasion, such as those filed pursuant to Sections 254 and 255 of the Tax Code,...

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Corporate powers can be express or implied

By Gladys Jane Dela Cruz on June 23,2022 A CORPORATION is a juridical entity. It exists by virtue of law. Its powers are also conferred by law. As a general rule, no corporation should possess or exercise corporate powers other than those expressly conferred by its articles of incorporation (AOI)...

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Streamlining rules on transshipment of goods

By Gwendolyn Ann Banaria on June 16,2022 IN order to streamline procedures in the processing of goods for transshipment and to delineate the duties and responsibilities of the different offices involved in the clearance of such goods, the Bureau of Customs (BoC) has issued Customs Memorandum Order...

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Prescription of the collection of taxes

By: Ellaine Anne Bernardino on June 9,2022 THE right of a taxpayer to due process includes those of being subjected to Bureau of Internal Revenue (BIR) tax assessment and collection efforts only within the prescriptive period provided by law. The prescription period within which to...

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Ease of Paying Taxes Act and other pending bills

By Euney Marie Mata-Perez on May 26, 2022 THE 18th Congress resumed session this week and is expected to adjourn on June 3, 2022. While legislators are understandably busy with the canvassing of votes to enable them to proclaim the winners of the May 9 elections, it is still hoped that,...

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Taxation of aliens

By Aziza Hannah Bacay on May 18, 2022 UNDER our tax laws, an individual taxpayer may be classified as citizen or non-citizen (alien) and as resident or nonresident. Filipino taxpayers who reside in the Philippines are taxable on income earned within and outside the Philippines. Citizens...

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Transaction Tax on Traded Shares

By Nica Marsha Gasapo on May 12, 2022 The National Internal Revenue Code, as amended (Tax Code), imposes a transaction tax on the sale, barter, exchange or other disposition of shares listed and traded through the local stock exchange (other than the sale by a dealer in securities) at the rate...

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Can Corporations Operate with a Skeletal Board?

By Ramon Vaughn Dy III on May 5, 2022 From the largest conglomerates to the smallest start-ups, all have at least one thing in common: they are managed by some form of governing body, mostly by a board of directors. With the exception of a one-person corporation, firms have a board that exercises...

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