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WAIVER OF PRESCRIPTIVE PERIOD TO ASSESS TAX

By: Aziza Hannah A. Bacay on October 4, 2018 A part of taxpayer’s due process rights under law is to be subject to a tax audit and assessment (for deficiency taxes) by the BIR only within certain defined periods, known as “prescriptive periods.” If the BIR does not make a tax assessment within the...

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THE IMPORTANCE OF LOA IN TAX AUDITS

By: Felson Dalaguete on September 27, 2018 The Commissioner of Internal Revenue (CIR) is empowered by law to audit the books of taxpayers. Such audits must be conducted by the CIR or his duly authorized officer. The authority given to revenue officers should be set out in a duly-issued and valid...

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AOTCA AND THE ULAANBAATAR DECLARATION OF TAX PROFESSIONALS

By: Euney Marie Mata-Perez on September 20, 2018 The Asia-Oceana Tax Consultants’ Association (AOTCA) International Tax Conference held in Ulaanbaatar, Mongolia just concluded on September 13, 2018. Panels of international speakers from various jurisdictions spoke on the history, challenges, development...

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NEW LAW ON SAFETY, HEALTH STANDARDS

By: Florian Salcedo on September 13, 2018 In keeping with the constitutional policy affirming labor as a primary social and economic force, the President has recently signed into law Republic Act (RA) 11058. RA 11058, signed on August 17, 2018, intends to strengthen compliance by employers, in all...

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ALERT ORDER POWER TO PROBE

By: Mark Anthony Tamayo on September 6, 2018 One of the main tasks of the Commissioner of the Bureau of Customs (BOC) is to exercise, directly or indirectly, any customs power, duties and functions for the effective implementation of the Customs Modernization and Tariff Act (CMTA) and other customs...

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OFFENSES UNDER THE PROPOSED REVISED CORPORATION CODE

By: Euney Marie J. Mata-Perez on August 30. 2018 The Revised Corporation Code (RCC) proposed under Senate Bill No. 1280 continues to impose the duties of diligence, loyalty and obedience upon directors, trustees and officers of corporations. Thus, it continues to uphold the rule that directors and...

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TRABAHO BILL’S ANTI-TAX AVOIDANCE RULES

By: Euney Marie J. Mata-Perez on August 23, 2018 To date, our Tax Code doesn’t contain general anti-tax avoidance rules or general principles or rules to check potential tax avoidance in general. The “Tax Reform for Acceleration of Better and High-quality Opportunities” or “TRABAHO Bill” attempts...

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THE PROPOSED CORPORATION CODE AMENDMENTS

By: Euney Marie Mata-Perez on August 16, 2018 The Senate finally approved on third reading Senate Bill 1280 (SB 1280) which, once passed into law, introduces major amendments to our existing Corporation Code (Batas Pambansa Blg. 68) passed 38 years ago in 1980. It’s thus worth noting the significant...

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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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