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General obligations of a withholding agent

By Gladys Jane Dela Cruz on August 19,2022 THE withholding tax system is a mechanism to facilitate the collection of taxes from taxpayers. In the case of Chamber of Real Estate and Builders’ Associations Inc. v. Executive Secretary Alberto Romulo, et al. (GR...

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Intra-corporate and intercorporate disputes

By Ramon Vaughn Dy III on August 11,2022 DISPUTES within a corporation or between/among corporate entities or persons within a corporate entity are inevitable. These vary and are dependent on who the parties are and their relationships to each other. Generally, the disputes can be classified as...

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Guidelines for online businesses

By Aziza Hannah Bacay on August 4,2022 TWO years into the Covid-19 pandemic, we have witnessed how consumers transitioned from being buyers from traditional brick-and-mortar businesses to online shoppers. Indeed, online transactions provide a more convenient means for consumers to avail of goods...

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Consolidated guidelines on accreditation of importers

By Gwendolyn Ann Banaria on July 28,2022 THE Bureau of Customs (BoC) recently issued Customs Administrative Order (CAO) 07-2022, which provides revised guidelines on the accreditation of importers and consolidates three previous issuances: Customs Memorandum Orders 11-2014, 05-2018 and 31-2019. CAO...

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The SC on the doctrine of corporate opportunity

By Ellaine Anne Bernardino on July 21, 2022 A COMPANY director holds a position of trust and confidence and should be loyal to the corporation he or she serves. As such, a director puts the corporation’s interests first over his or her own in case a business opportunity presents itself....

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New rules clarify incentives under the 2008 RE Act

By Euney Marie Mata-Perez on July 14, 2022 FINALLY, last June 30, 2022, nearly 14 years since the passage of Republic Act (RA) 9513, or the “Renewable Energy (RE) Act of 2008,” the Bureau of Internal Revenue (BIR) issued Revenue Regulation (RR) 7-2022, entitled...

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Business and trade names

By Aziza Hannah Bacay on July 07, 2022 A NAME is an important part of a person’s existence. In fact, even juridical persons such as corporations, partnerships and sole proprietorships have the right to have their own distinct and unique names. This right to use a corporate and trade name...

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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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