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OFFICERS’ LIABILITY FOR CORPORATE TAX PENALTIES

By: Euney Marie J. Mata-Perez on August 9, 2018 As a general rule, corporate officers are not liable for a corporation’s liabilities because of the legal fiction that corporate entities have legal personality separate from the individuals that comprise it. Obligations incurred by directors, officers...

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DELINQUENTS COVERED BY TAX AMNESTY

By: Euney Marie Mata-Perez on August 2, 2018 The current tax amnesty bill proposed by the Department of Finance (DOF) deals with an estate and a general tax amnesty (GTA) in separate parts, as well as with an unprecedented tax amnesty on delinquencies. The first part of the proposed bill is the estate...

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GOVT SHOULD BROADEN TAX BASE – LAWYER

By: Bernadette E. Tamayo on July 29, 2018 TAXPAYERS would enjoy the benefits of the taxes being collected from them if the government would further broaden the tax base and collect more revenues for infrastructure and social services programs, a tax lawyer said on Saturday. TRAIN TALK Euvimil Nina...

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WHEN IS PROCESSING OF PERSONAL INFORMATION LAWFUL?

By: Richelle Dianne R. Patawaran on July 26, 2018 The Data Privacy Act of 2012 (DPA) prohibits the processing of “personal information” except when certain conditions exist. Thus, personal information controllers have been very cautious in releasing information, such as lists of names, etc., in fear...

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THE REMEDY OF PRIOR DISCLOSURE FOR IMPORTERS

By: Mark Anthony Tamayo on July 19, 2018 It’s common for regular importers to be oblivious of the mistakes and errors in the details of particulars of their previously filed goods declarations relative to their past shipments of goods into the country. Importers generally consider their declarations...

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MENTAL HEALTH IN THE PHILIPPINES

By: Samantha Poblacion on July 12, 2018 The recognition of mental health as a basic human right in the Philippines finally came to pass after the Philippine Mental Health Law (Republic Act No. 11036, or RA 11036) was signed into law on June 21, 2018. The bill was pending in Congress for almost 20...

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The SEC Company Registration System

By: Florian Salcedo on July 5, 2018 On November 21, 2017, in time for its 81st anniversary celebration, the Securities and Exchange Commission (SEC) launched the full implementation of the SEC Company Registration System (CRS), an online platform providing for the full automation and online processing...

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RENEWAL OF EXPIRED CORPORATE TERM

By: Euney Marie Mata-Perez on June 28, 2018 Reaching 50 years is no mean feat for a corporation and certainly a milestone worthy of a grand celebration. However, from a corporation law standpoint, it can mean the “death” of the corporation when no application for extension or renewal of corporate...

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ATTORNEY-CLIENT PRIVILEGE AND THE BIR

By: Florian Salcedo on June 21, 2018 On February 22, 2018, the Bureau of Internal Revenue (BIR) issued Revenue Memorandum Circular (RMC) No. 12-2018 which effectively grants the Commissioner of Internal Revenue (CIR) the power to compel lawyers to divulge information of their clients as taxpayers....

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