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SC VOIDS NATIONALITY RESTRICTION ON CONSTRUCTION COMPANIES

By: Atty. Euney Marie Mata-Perez on September 10,2020. In a landmark decision handed out on March 10, 2020, the Supreme Court (SC) declared void the 30-year-old foreign equity limitation on construction companies imposed under the “Revised Rules and Regulations Governing the Licensing and Accreditation...

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A VALID DEMAND IS VITAL IN A TAX ASSESSMENT

By: Atty. Kathleene Guiang on September 3,2020 A valid demand is essential to the validity of a Bureau of Internal Revenue (BIR) assessment of deficiency taxes against a taxpayer. This demand is ordinarily expressed in a formal letter of demand (FLD), which is issued and delivered with a final assessment...

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REVISED SHARE VALUATION RULES: A WELCOME DEVELOPMENT

By: Atty. Euney Marie Mata-Perez on August 27,2020. Taxpayers recently received some good news on how capital gains tax on the sale of unlisted shares of stocks is now calculated. This came in the form of the Bureau of Internal Revenue’s (BIR) issuance of Revenue Regulations (RR) 20-2020, which revised...

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HOW TO COUNT THE PRESCRIPTIVE PERIOD TO CLAIM REFUND

By: Atty. Aziza Hannah Bacay on August 20,2020 Taxes are the lifeblood of the government. To ensure that the government lives, the Bureau of Internal Revenue was granted the power to collect taxes and even issue assessments against taxpayers if their taxes are deficient. To balance this power, the...

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NOTARY PUBLIC: AVAILABLE ONLINE

By: Atty. Nica Marsha Gasapo on August 13,2020 Covid-19 has caused so many disruptions in our everyday lives. To curb its spread, the government had to impose strict lockdowns that stalled the economy’s growth. However, certain sectors that capitalized on technology managed to stay afloat and withstood...

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THE QUEST TO CONTAIN CREATIVITY

By: Atty. Mark Anthony Tamayo on August 6,2020 Any scheme that has to do with minimizing, eliminating or altering the incidence of taxation may be closely scrutinized and ultimately questioned by tax authorities. There is no question that the adoption of fraudulent means to deliberately reduce, deceive...

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A PRESUMPTION IS A MERE PRESUMPTION

By: Atty. Mark Anthony Tamayo on July 23,2020. In tax litigation, assessments from the Bureau of Internal Revenue (BIR) are generally accorded the presumption of correctness and being made in good faith (Marcos II v. Court of Appeals, GR. 120880, June 5, 1997). In the absence of evidence to the contrary,...

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