[Publications] MTF Articles
By: Ramon Vaughn Dy III on December 29,2022 PURSUANT to the request of the Department of Energy (DoE), the Department of Justice (DoJ) issued a legal opinion that revisited foreign investment limits in the exploration, development and utilization (EDU) of solar, wind, hydro and ocean/tidal energy resources in relation to…
By Atty. Mark Anthony P. Tamayo on December 22,2022 THE exclusive appellate jurisdiction of the Court of Tax Appeals (CTA) covers decisions by the Bureau of Customs (BoC) commissioner in cases involving liability for customs duties, fees or other money charges, seizure, detention or release of property affected, fines, forfeitures…
By Euney Marie Mata-Perez on December 1, 2022 THE Covid-19 pandemic has revolutionized work habits. It made work-from-home (WFH) arrangements viable and even preferred by certain sectors and employees. Employers, particularly those in the information technology-business process management (IT-BPM) sector, were subsequently challenged after the government required that 100 percent…
By Ellaine Anne Bernardino on November 10,2022 TO incentivize employees to perform better and attract new talent, some companies offer equity-based compensation as part of compensation packages. The term "equity-based compensation" covers all types of employee equity schemes and comes in different forms, which include but are not limited to…
By Ramon Vaughn Dy III on October 27,2022 FOR the longest time, subscriber identity modules cards, commonly known as SIM cards, have been readily available and can be practically purchased at any local shop or sari-sari (variety) store. It can be argued that the regulation of the sale and/or disposition…
By Gladys Jane Dela Cruz on October 13,2022 IT is the policy of the state to protect the fundamental human right of privacy of communication while ensuring free flow of information to promote innovation and growth (Section 2, Data Privacy Act of 2012). Thus, the processing of sensitive personal information…
By Gladys Jane Dela Cruz September 8, 2022 SECTION 8.1 of Republic Act 8799, or the "Securities and Regulation Code (SRC)" clearly states that securities should not be sold or offered for sale or distribution in the Philippines without a registration statement duly filed with and approved by the Securities and Exchange Commission (SEC). Prior to…
By Ramon Vaughn Dy III on September 1,2022 PHILIPPINE courts adhere to the doctrine of processual presumption, which generally means that where a foreign law is not pleaded or not proved even if pleaded, the presumption is that it is the same as Philippine law (EDI-Staffbuilders International Inc. v NLRC, GR…
By Nica Marsha Gasapo on August 25,2022 STARE decisis et non quieta movere, meaning "stand by the decisions and disturb not what is settled," is a doctrine rooted in the necessity of stability, certainty and predictability in judicial decisions. Stare decisis is based on the rule that "once a question of law…
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 60756, March 9, 2010), the Supreme Court stated that the purpose of the…
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 either intercorporate or…
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 and services. With this rise of online…
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 07-2022 primarily outlines the application process for new applications…
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 Tax Incentives Under the Renewable Energy Act of 2008, which provides long-awaited…
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 (CMO) 15-2022 providing…
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 assess taxes is different from that to…
By: Ramon Vaughn F. Dy III on June 2,2022 REPUBLIC Act (RA) 11765 or the "Financial Products and Services Consumer Protection Act," which was signed by President Rodrigo Duterte last May 6, 2022, is another legislative milestone for the financial sector. To ensure that offered financial products and services are safe and secure, legislators saw…
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 who reside abroad are only taxable…
By Ellaine Anne Bernardino on April 21, 2022 As the May 2022 national elections fast approaches, Filipino voters should take this time to intelligently consider which candidate has the most promising platform, the ideal character and relevant track record to better the country. Political candidates have only less than a…
By Aziza Hannah Bacay on April 7, 2022 Taxes are the lifeblood of the government. Thus, Section 218 of the National Internal Revenue Code, as amended, sets out the primordial "no injunction rule" that bars courts from restraining the collection of any national internal revenue tax, fee or surcharge imposed…
By Ramon Vaughn Dy on March 31, 2022 Operating a public utility has for the longest time been limited to Filipino citizens and entities whose capital is at least 60-percent owned and controlled by Filipino citizens. Foreign equity participation also cannot exceed 40 percent of a public utility's capital stock.…
By Euney Marie Mata-Perez on March 24, 2022 In last week's article, we discussed Revenue Memorandum Circular (RMC) 24-2022, which interpreted the rules on value-added tax (VAT) zero rating under the National Internal Revenue Code as amended by the Create Act (Republic Act 11534). Specifically, RMC 24-2002 interpreted the provisions…
By Euney Marie Mata-Perez on March 17, 2022 The Bureau of Internal Revenue (BIR) just released Revenue Memorandum Circular (RMC) 24-2022 (RMC 24-2022), which expressly confirmed that the cross-border doctrine, as applied to economic zones (ecozones) or freeport zones has been rendered ineffectual and inoperative for value-added tax (VAT) purposes.…
By Ramon Vaughn Dy on March 10, 2022 Republic Act (RA) 11647, which amended the Foreign Investments Act of 1991, was finally signed into law last March 2. It introduced some significant changes aimed at easing restrictions on foreign investments to help stimulate economic growth amid the continued impact of…
By Nica Marsha Gasapo on March 3, 2022 In 2021, the Bureau of Internal Revenue (BIR) issued Revenue Memorandum Order (“RMO”) No. 14-2021 and Revenue Memorandum Circular (“RMC”) No. 77-2021 which streamlined the procedure for the availment of benefits under the applicable tax treaty. These issuances likewise introduced the nature…
By Aziza Hannah Bacay on February 24, 2022 In 2019, the Bureau of Customs (BoC) issued Customs Administrative Order (CAO) 13-2019 to implement provisions under the Customs Modernization and Tariff Act. Section 10 of CAO 13-2019 provides for a review of customs bonded warehouse (CBW) guidelines every three years and…
By Euney Marie Mata-Perez on February 17, 2022 The decision by the Commission on Elections' (Comelec) First Division to junk a disqualification case against presidential candidate Ferdinand "Bongbong" Marcos Jr. recently set social media abuzz. A statement in the decision, penned by Comelec Commissioner Aimee Ferolino, spurred numerous discussions and…
By Nica Marsha Gasapo on February 10, 2022 The Bureau of Internal Revenue (BIR) has finally issued Revenue Memorandum Circular (RMC) 19-2022, the much-awaited clarification and guidance on tax-free exchanges of properties under Section 40(C)(2) of the National Internal Revenue Code of 1997 (Tax Code) as amended by Republic Act…
By Gerardo Maximo Francisco on February 3, 2022 First of a series On Nov. 11, 2021, the Inter-Agency Task Force for the Management of Emerging Infectious Diseases (IATF-EID) issued IATF Resolution 148-B, Series of 2021, which approved the following measure that took effect on Dec. 1, 2021: "In areas where…
By Euney Marie Mata-Perez on January 27, 2022 The official campaign period for the May 2022 national and local elections will start soon and candidates will be, or perhaps have already started, soliciting campaign contributions. The giving of campaign contributions is recognized under Batas Pambansa 881 or the Omnibus Election Code of…
By Nica Marsha Gasapo on January 13, 2022 PRESIDENT Rodrigo Duterte has signed into law Republic Act (RA) 11595, which amended certain provisions of the Retail Trade Liberalization Act of 2000 (RTLA). It consolidated House Bill 59 and Senate Bill 1840, which were passed by the House of Representatives and…
By Mark Anthony Tamayo on December 30, 2021 Last of a series In last week's article, we briefly compared Bureau of Internal Revenue (BIR) and Bureau of Customs (BoC) audits. Further differences are highlighted here. Audit timeframe The BIR and the BOC are mandated to complete their audits within 120…
By Mark Anthony Tamayo on December 23, 202 First of a series Recently, the Bureau of Internal Revenue (BIR) and the Bureau of Customs (BOC) respectively issued Letters of Authority (LOAs) and Audit Notification Letters (ANLs) to selected taxpayers and importers. It may thus be the most propitious time to…
By Euney Marie Mata-Perez on December 16, 2021 Foreign direct investment (FDI) inflows took a beating during the Covid-19 pandemic. Government-imposed travel bans and quarantines for foreign travelers likely contributed, so it is thus crucial that the government pass economic measures to promote FDIs. Early this year, we saw the…
By Euney Marie Mata-Perez on December 9, 2021 In cross-border transactions, the allocation of the power to tax between taxing jurisdictions over buyers and sellers of tangible or physical goods is crucial. In the pre-internet age, the buyer's and seller's actual geographic location was critical. Most existing income treaties, which…
By Euney Marie Mata-Perez on November 11, 2021 Nothing is certain except death and taxes, Benjamin Franklin wrote in 1789. It is a statement remains true today. Tax compliance is certain, too, with its attendant costs, uncertainty at times, and pains. So for the government to collect more taxes, it…
By Ellaine Anne Bernardino on November 4, 202 Proper serving of notices of assessment from the Bureau of Internal Revenue (BIR) is crucial. If done improperly, the assessment can be invalidated because of the lack of due process. Section 228 of the National Internal Revenue Code provides that the taxpayer…
By Nica Marsha Gasapo on October 28, 2021 The Data Privacy Act of 2012 (DPA) was enacted to protect the fundamental human right of privacy and communication while ensuring the free flow of information. Through the DPA, the state recognizes the important role of information and communication technology in nation-building…
By Euney Marie Mata-Perez on October 21, 2021 First of two-part Having incurred losses during the Covid-19 pandemic, companies can avail of the net operating loss carry-over deduction (Nolco) pursuant to the National Internal Revenue Code (Tax Code), as amended, as well as certain special laws. Section 34(D)(3) of the Tax Code provides that…
By: Elaine Anne Bernardino on October 14, 2021 Our National Internal Revenue Code ("Tax Code") mandates that interest and a 25-percent surcharge (50 percent in case of bad faith) are due when a taxpayer is late in the payment of taxes. However, there have been instances where interest and surcharge…
By Euney Marie Mata-Perez on October 11, 2021 We have seen significant progress in the Comprehensive Tax Reform Program, which is an offshoot of President Rodrigo Duterte's campaign promise to improve the income tax system and make it progressive. Republic Act 10963 or the Tax Reform for Acceleration and Inclusion…
By Euney Marie Mata-Perez on September 30, 2021 Foreign investments thrive in a fairly predictable and reasonable international investment climate, and the protection against double taxation is crucial in creating such a climate. Income tax treaties are among the tools against international double taxation. In Commissioner of Internal Revenue v.…
By Euney Marie Mata-Perez on September 23, 2021 Clarity of tax rules and regulations is key to an efficient tax system. One of the areas that tax authorities have to clarify is the zero-rating of sales to enterprises operating in and registered under existing economic zones. The Corporate Recovery and…
By Euney Marie Mata-Perez on September 9, 2021 RECENTLY, the Bureau of Internal Revenue (BIR) issued Revenue Memorandum Circular (RMC) 97-2021, reminding social influencers about their tax obligations. It reminded them to register as taxpayers and report their income properly, as well as provided illustrative examples on how they should…
By Aziza Hannah Bacay on September 2, 2021 As part of its collection efforts, the Bureau of Internal Revenue (BIR) can use summary administrative remedies such as warrants of distraint and/or levy (WDLs) against delinquent taxpayers. Implementation of these presupposes that the taxpayer failed to pay the assessment despite the…
By Mark Anthony Tamayo on August 26, 2021 It is the basic duty and responsibility of every taxpayer and importer to provide truthful tax returns and import declarations. Taxpayers are responsible for accurately determining their taxable incomes, computing their tax liabilities and submitting their tax returns in accordance with the…
By Nica Marsha Gasapo on August 19, 2021 The Bureau of Internal Revenue (BIR) recently issued Revenue Regulations (RR) 13-2021, which implement amendments to the National Internal Revenue Code of 1997's (the "Tax Code") penalty provisions as amended by Republic Act 10963 or the Tax Reform for Acceleration and Inclusion (Train) Law. The Train Law amended…
By Euney Marie Mata-Perez on August 12, 2021 To the relief of many taxpayers, Republic Act (RA) 11569 was passed amending RA 11213 (Tax Amnesty Act) and extending the availment of the tax amnesty to June 14, 2023. In accordance thereto, the Bureau of Internal Revenue (BIR) issued Revenue Regulations…
By Ellaine Anne Bernardino on August 5, 2021 Corporations engaged in business activities reserved for Philippine nationals where foreign equity shall be limited to that prescribed by the Constitution and other existing laws are also known as wholly or partially nationalized corporations. Accordingly, the election of foreigners into the Board…
By Euney Marie Mata-Perez on July 22, 2021 There have been so many discussions on the promulgation of Revenue Regulations 9-2021 (RR 9-2021) that implemented certain amendments introduced by Republic Act (RA) 10963 or the "Tax Reform for Acceleration and Inclusion" (Train) Law to Sections 106(A)(2)(a) and 108(B) of the…
By: Atty. Aziza Hannah Bacay on July 15,2021. In every tax assessment, due process requires that the Bureau of Internal Revenue (BIR) properly apprise the taxpayer of the nature of the tax liability, the amount due, and the law and basis for such assessment. To streamline due process requirements, the BIR issued…
By: Mark Anthony Tamayo on July 8,2021. All importers are mandated to exercise reasonable care in entering, classifying and determining the value of their imported goods not only for the purpose of expediting the release of their shipments from the custody of the Bureau of Customs (BoC), but more importantly,…
By Nica Marsha Gasapo on July 1, 2021 In an effort to rationalize the procedures and requirements for the availment of tax treaty benefits, the Bureau of Internal Revenue (BIR) issued Revenue Memorandum Order (RMO) 14-2021 prescribing for updated procedures on availing tax treaty benefits for non-resident foreign income earners.…
By Aziza Hannah Bacay on June 24, 2021 This also speaks true for software transactions where the software may be transferred electronically, instead of delivery through variety of media, such as magnetic tape, disk, CD-ROM, and the like. Software is defined as "a program, or a series of programs, containing…
By Euney Marie Mata-Perez on June 10, 2021 In a July 16, 2020 article, I mentioned that relaxing our bank secrecy rule was key to financial integrity. At that time, we had been touted as one of two countries (the other being Lebanon) with the strictest bank secrecy rules. (https://www.manilatimes.net/2020/07/16/business/columnists-business/amending-the-bank-secrecy-act-as-a-key-to-financial-integrity/742400)…
By Euney Marie Mata-Perez on May 20, 2021. There is now confusion as to the taxation of educational institutions which are proprietary, stock or for profit. Aside from decreasing the regular corporate income tax to 25 percent or 20 percent in certain cases, the Corporate Recovery and Tax Incentives for…
By Euney Marie Mata-Perez on May 13, 2021. Since President Rodrigo Duterte vetoed certain provisions of the Corporate Recovery and Tax Incentives for Enterprises (Create) or Republic Act (RA) No. 11534, including the proposed increase of the value-added tax (VAT) exemption threshold on sale of real property under Section 109(P)…
By Gerardo Maximo Francisco on May 6, 2021 Where feasible, employers are mandated to implement work-from-home (WFH) arrangements to help prevent and control the spread of the coronavirus disease 2019 (Covid-19) (Department of Trade and Industry and Department of Labor and Employment Interim Guidelines on Workplace Prevention and Control of…
By: Ellaine Anne Bernardino on April 29, 2021. Stockholders of a corporation may file legal suits based on the unlawful or fraudulent acts of the board of directors, corporate officers or even third persons. Depending on the situation, there are three classes of suits available to a stockholder as a…
By Euney Marie Mata-Perez on April 1, 2021. President Rodrigo Duterte finally signed into law the much-awaited Corporate Recovery and Tax Incentives for Enterprises (Create) Act, or Republic Act 11534, on Mar. 26, 2021 — more than a year since the House of Representatives approved House Bill 4157 in September…
By Euney Marie Mata-Perez on March 25, 2021. On Feb.y 16, 2021, President Rodrigo Duterte signed into law Republic Act (RA) 11523, or the “Financial Institutions Strategic Transfer Act” (FIST), which seeks to aid banks and other credit-granting financial institutions (FIs) to cushion the impact of the coronavirus disease 2019…
By The Manila Times on March 18, 2021. The recently enacted Revised Corporation Code of the Philippines (RCCP) was meant to further ease doing business in the country and increase its competitiveness. But because of the significant economic downturns brought about by the Covid-19 pandemic, several companies and institutions have…
By MARK ANTHONY TAMAYO on March 4, 2021. The process of clearing imported goods from the Bureau of Customs (BoC) is essentially timebound. Every importer must file or lodge a goods declaration, pay the corresponding duties and taxes, and claim or release the goods within the periods prescribed under customs…
By: Atty. Euney Marie Mata-Perez on February 18, 2021. As many of us may be aware by now, the recently ratified Corporate Recovery and Tax Incentives for Enterprises (Create) bill, which now awaits President Rodrigo Duterte’s approval, proposes to reduce the regular corporate income tax (RCIT) rate from 30 percent…

By: Atty. Nica Gasapo on February 4,2021. The 1987 Philippine Constitution has set forth requirements a corporation must meet before involving itself in certain activities. Depending on its nationality, a corporation may or may not undertake specific business ventures or invest in certain areas. Indeed, the 1987 Constitution was crafted to…