[Publications] MTF Articles
By Gwendolyn Ann Banaria on April 28, 2022 The Supreme Court, in the case of Commissioner of Internal Revenue (CIR) vs Avon Products Manufacturing Inc. (decided on Oct. 3, 2018), held that the giving of a fair and reasonable opportunity to be heard is not the only aspect of due…
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 Ellaine Anne Bernardino on January 20, 2022 A Letter of authority (LoA) issued by the Bureau of Internal Revenue (BIR) empowers a revenue officer (RO) to examine the books of accounts and other accounting records of a taxpayer for the purpose of collecting the correct taxes. The BIR's practice…
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 Euney Marie Mata-Perez on January 6, 2022 HAPPY New Year! We have hurdled 2021, which was not easy and full of challenges. Nonetheless, we continue to be grateful to have survived the year. We all are hoping that 2022 will be much better. However, with the national elections near,…
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 December 2, 2021 Last Monday, November 29, 2021, I had the privilege of moderating a tax lecture sponsored by the Ateneo Law Alumni Association, Inc. (ALAAI) entitled "You Can Run But You Can't Hide From Taxes". The main speaker was Bureau of Internal Revenue (BIR)…
By Euney Marie Mata-Perez on November 25, 2021 On Sept. 21, 2021, the House of Representatives passed on third reading House Bill 7425 (HB 7425), which seeks to amend the National Internal Revenue Code (Tax Code) to impose a 12-percent value-added tax (VAT) on the sale of digital services and…
By Euney Marie Mata-Perez on November 18, 2021 Tax avoidance and tax evasion are the two most common ways used by taxpayers to not pay taxes or pay reduced taxes. Tax avoidance is the use of tax-saving devices within the means sanctioned by law and where the taxpayer acts in…
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 Mark Anthony Tamayo on October 7, 2021 The dutiable value of imported goods is the value (or duty base) upon which the applicable duty rate is multiplied to arrive at the customs duty payable. To determine the correct duty base, importers (and their customs brokers) should not focus mainly…
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 Aziza Hannah Bacay on September 16, 2021 The Bureau of Internal Revenue (BIR) has the power to ascertain the correctness of the returns filed by the taxpayers and to determine any liability for internal revenue tax. Corollary to such power, the BIR is empowered and has the authority to…
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 29, 2021 I cannot not write about this, because the nation is still in euphoria, and so am I. It took a woman and a fellow Zamboangueño, Hidilyn Diaz, to bag our country's first-ever Olympic gold medal. Her victory was not accidental. It was…
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 Ellaine Anne Bernardino on June 17, 2021 As a general rule, the Bureau of Internal Revenue (BIR) has three years from the last day prescribed by law for the filing of the tax return or from the day the tax return was filed, whichever is later, to assess internal…
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 Mark Anthony Tamayo on June 3, 2021. A positive change brought about by Republic Act (RA) 11534 (Create Act) was the repeal of Section 29 of the National Internal Revenue Code of 1997 relating to the imposition of a 10 percent improperly accumulated earning tax (IAET) or surtax.
By Euney Marie Mata-Perez on May 27, 2021. We need a charter, which the Philippine has yet to adopt, to protect taxpayers against threats to their rights, In 2019, then Senator Ralph Recto filed Senate Bill (SB) 1163, a proposed act ordaining a Bill of Rights for Taxpayers.
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: Reina G. Fabregas on April 22, 2021. The Revised Corporation Code (RCC) vests in the board of Directors the exercise of all corporate powers, except as otherwise provided by law. As such, the position of a director in a corporation is highly imbued with trust and confidence.
By: Zoe Bryce Amac on April 15, 2021. Tax conventions or treaties are mechanisms imposed by a state in order to minimize the effects of double taxation. They provide double taxation reliefs to taxpayers in the form of tax exemptions or preferential tax rates.
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 Zoe Bryce Amac on February 25, 2021. The power of taxation is one of the inherent powers of the State and is considered an attribute of sovereignty. Its existence is justified by the so-called lifeblood theory. In Commissioner of Internal Revenue (CIR) v. Algue (GR L-28896, 1988) the Supreme…
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 AZIZA HANNAH BACAY on February 11, 2021. The Bureau of Internal Revenue (BIR) has the power to enforce the collection of unpaid taxes either through summary administrative remedies, such as the issuance of a warrant of distraint and/or levy (WDL), or judicial ones, such as filing a civil or…
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…
By: Atty. Euney Marie Mata-Perez on January 28,2021. To claim a refund for an erroneously or illegally collected tax, Section 229 of the National Internal Revenue Code, as amended (Tax Code), provides that the claimant must first file an administrative claim with the commissioner of Internal Revenue (CIR). This claim…
By: Atty. Ellaine Anne L. Bernardino on January 21,2021. The stockholder’s right to examine corporate records is based on his or her interests in the corporation and ownership of corporate property. Under Section 73 of Republic Act 11232, or the Revised Corporation Code (RCC), which took effect on Feb. 23, 2019,…
By: Ramon Vaughn F. Dy III on January 14, 2021. It is an established rule in our jurisdiction that a corporation has a separate and distinct legal personality from that of its shareholders and officers. As an artificial being created by law, a corporation can act only through its people,…
By: Euney Marie Mata-Perez on January 7, 2021 Tax reform is part of the main agenda of the Duterte administration. So it was a welcome development when Republic Act 10963, or the “Tax Reform for Acceleration and Inclusion Act” (Train), took effect on Jan. 1, 2018 to mainly address and amend the…
By: Euney Marie Mata-Perez on December 31, 2020 2020 will always be a year the world cannot forget. At its start, we saw the eruption of the beautiful Taal Volcano. And then we faced a force majeure like no other — the Covid-19 pandemic, prompting countries to try containing it,…
By: Mark Anthony Tamayo on December 24, 2020 Taxes are the lifeblood of the government and should, as an inflexible policy, be collected promptly and without hindrance or delay (see Commissioner of Internal Revenue vs Standard Insurance Co., GR 219340) in order not to disrupt the operations of the government.…
By. Atty. Euney Marie Mata-Perez on December 17, 2020 Last month, the Senate finally passed on third reading Senate Bill 1357, or the “Corporate Recovery and Tax Incentives for Enterprise Act” (Create), which aims to reform our corporate income tax (CIT) and incentives system, and propose significant amendments to our…
By: Atty Gerardo Maximo Francisco on May 7,2020 Covid-19 has caused financial injury and distress to many Filipinos. By early 2021, after the grace periods for loans and other forms of financial assistance granted under Bayanihan 2 will have been exhausted, many more Filipinos will experience the stress and burden…
By: Atty. Irish May Quintana on December 3,2020 The abatement or cancellation of internal revenue tax liability is one of the remedies available to taxpayers. This is pursuant to the broad powers of the Commissioner of Internal Revenue (CIR) to cancel and abate tax liabilities under our National Internal Revenue…
By: Atty. Ellaine Anne Bernardino on November 26, 2020 An intra-corporate dispute is one that arises between a stockholder and the corporation, or among stockholders concerning the internal affairs of the corporation. Previously, the Securities and Exchange Commission (SEC) had the jurisdiction to hear and decide intra-corporate disputes under Section…
By: Atty. Aziza Hannah Bacay on November 19,2020. Republic Act (RA) 11494, or the “Bayanihan to Recover as One Act” (Bayanihan 2), which implements the government’s response and recovery interventions related to the Covid-19 pandemic, granted some tax relief and incentives to taxpayers. One of these incentives is an income…
By. Atty. Euney Marie Mata-Perez on November 12,2020. A government or state exercises its taxing power and authority only on taxpayers, income or transactions that fall within its jurisdiction. Thus, the situs, or place, of taxation is critical in determining whether or not a state has the power to tax,…
By: Atty.Aziza Hannah Bacay on October 29,2020. It has been more than a year since Republic Act 11213, or the “Tax Amnesty Act” (TAA), was enacted. It became effective on March 1, 2019. The TAA originally provided for an estate tax amnesty, a general tax amnesty and a tax amnesty…
By: Atty. Euney Marie Mata-Perez on October 22,2020 Quarantine measures imposed by governments that restrict travel and movement because of the Covid-19 pandemic do not only affect economies, but also tax rules. In taxation and international tax treaty rules, the number of days a taxpayer or its employees and agents…
By Atty. Kathleen Guiang on October 15,2020 The Covid-19 pandemic has not only prompted a global health emergency, but also caused severe global economic stress. In response, the government has implemented various measures and programs to manage its impact. To execute and sustain them, the government had to reallocate some…
By: Atty. Nica Marsha Gasapo on October 8,2020 The Supreme Court has emphasized that a person’s employment — the main source of livelihood for most families — is something that no one may be deprived of without due process of law. This basic doctrine has gained special significance after the…
By: Atty. Ellaine Anne Bernardino & Ramon Dy on October 1,2020 The coronavirus disease 2019 (Covid-19) pandemic has caused numerous businesses to close and millions of Filipinos to lose their jobs. It has also led countless Filipinos under quarantine to use the internet to earn a living, resulting in a…
By: Atty. Mark Anthony Tamayo on September 24,2020. Through the enactment of Republic Act (RA) 9282, the jurisdiction of the Court of Tax Appeals (CTA) has been expanded to include not only civil tax and customs duties cases, but also cases that are criminal in nature, local tax and property…
By: Atty. Irish May Quintana on September 17,2020. In an effort to adopt technological advancements and incorporate developments in the law, jurisprudence and international conventions, the Supreme Court (SC) proposed amendments to the revised rules on evidence (RRE) in A.M. 19-08-15-SC, which took effect on May 1, 2020. The material…
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 of Contractors in the Philippines” or the…
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…
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…
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 law…
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 the logistical nightmare…
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 or conceal one’s…
By: Atty. Gerardo Maximo Francisco on July 30,2020 In a case we handled, the Supreme Court (SC) confirmed the entry of the judgment of its resolution affirming with finality the decisions of the Court of Tax Appeals (CTA) and the Regional Trial Court (RTC) of Makati that Makati City does…
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,…
By: Atty. Euney Marie Mata-Perez on July 16,2020 The integrity of a financial system is a key factor in its financial stability. Finance Secretary Carlos Dominguez 3rd and Bangko Sentral ng Pilipinas (BSP) Governor Benjamin Diokno recently reiterated the need to amend Republic Act (RA) 1405, or the “Bank Secrecy…
By: Atty. Euney Marie Mata-Perez on July 9,2020 The coronavirus disease 2019 (Covid-19) pandemic and the community quarantines imposed to curb its spread certainly affected people’s lifestyles. It also affected their spending habits, as seen in the increase in the use of the internet and various online platforms to purchase…
By: Atty. Euney Marie Mata-Perez Because of the serious threat posed by the coronavirus disease 2019 (Covid-19) pandemic to the health, safety and security of Filipinos, a state of national emergency was declared over the country under Section 2 of Republic Act (RA) 11469, or “the Bayanihan to Heal as…
By: Atty. Euney Marie Mata-Perez on June 25,2020 The coronavirus disease 2019 (Covid-19) pandemic has spurred the growth of digital and online transactions, and this highlighted the taxation issues about them. In May, we saw the filing of House Bill 6765, or the “Digital Economy Act of 2020.” Sponsored by…
By: Atty. Euney Marie Mata-Perez on June 18,2020 The community quarantines brought about by the coronavirus disease 2019 (Covid-19) pandemic pushed many to use electronic or online platforms, like Facebook, Viber and Instagram, to continue their businesses or start new ones. However, there was some resistance when the Bureau of…
By: Atty. Euney Marie Mata-Perez on June 11,2020 We celebrate Independence Day on June 12, 122 years after Gen. Emilio Aguinaldo declared independence from Spain and waved the first Philippine flag at his residence in Kawit, Cavite. On this day, we celebrate our love and loyalty for our country. Our…
By: Atty. Euney Marie Mata-Perez on June 4,2020 I am a probinsiyana. I was born in Cebu City, my mother’s home city. I partly grew up there, as well as in Dipolog City in Zamboanga del Norte, my father’s home province. I have beautiful memories growing up in Dipolog. As someone…
By: Atty. Euney Marie Mata-Perez on May 28,2020 The coronavirus disease 2019 (Covid-19) pandemic gave rise to some benefits. The Department of Finance (DoF) recently added proposed enhancements or amendments to the Corporate Income Tax and Incentives Reform Act (Citira), now renamed the Corporate Recovery and Tax Incentives for Enterprises…
By: Atty. Euney Marie Mata-Perez on May 21,2020 The huge impact of the coronavirus disease 2019 (Covid-19) pandemic on the health and mobility of our people, as well as on our businesses and economy as a whole, is beyond what we all thought. The enhanced community quarantine (ECQ) imposed in…
Dear Valued Clients and Friends, We are sending to you a copy of Department of Labor and Employment (DOLE) Labor Advisory No. 18 dated May 18, 2020, providing for the guidelines on the cost of Covid-19 prevention and control measures. The employer shall shoulder the cost of Covid-19 prevention and…
Dear Valued Clients and Friends, We are sending to you a copy of Department of Labor and Employment (DOLE) Labor Advisory No. 17 dated May 18, 2020, providing for the guidelines on employment preservation upon resumption of business operation. The DOLE encourages employers to adopt work-from-home or implement a telecommuting…
Dear Valued Clients and Friends, We are sending to you a copy of Bureau of Internal Revenue (BIR) Revenue Memorandum Circular (RMC) No. 47-2020 dated May 11, 2020, prescribing for the guidelines on temporary measures adopted by taxpayers relative to the receipting/invoicing requirements during the Enhanced Community Quarantine (ECQ), in…
By: Atty. Mark Anthony Tamayo on May 14,2020 One significant trade facilitation measure in customs clearance procedure and formalities was the adoption of the Revised Kyoto Convention (RKC) provisions relating to provisional or incomplete goods declaration (PGD) in the Customs Modernization and Tariff Act (CMTA). To implement these provisions, the…
Dear Valued Clients and Friends, We are sending to you a copy of Department of Labor and Employment (DOLE) Department Order No. 213, which prescribes for the guidelines in the prescription of actions and suspension of reglementary periods to file pleadings, motions, and documents before the DOLE Regional Offices, Bureaus,…
Dear Valued Clients and Friends, We are sending to you a copy of Interim Guidelines on Workplace Prevention and Control of Covid-19 issued by the Department of Trade and Industry (DTI) and Department of Labor and Employment (DOLE) on April 30, 2020. The DTI and DOLE Interim Guidelines is issued…
By: Atty Gerardo Maximo Francisco on May 7,2020 At some point, the enhanced community quarantine (ECQ) still in effect in many areas in the Philippines will be downgraded by the government to the level of a general community quarantine (GCQ). Hopefully, this vital decision to shift to a GCQ will…
Dear Valued Clients and Friends, We are sending to you a copy of Bureau of Customs (BOC) Office of the Commissioner (Ocom) Memo No. 89-2020 dated April 23, 2020, entitled, “Extending the Suspension of Actual and Face-to-Face Seizure and Forfeiture Proceedings”. The BOC declared that Memorandum dated March 18, 2020…
Dear Valued Clients and Friends, We are sending to you a copy of Bureau of Customs (BOC) Office of the Commissioner (Ocom) Memo No. 82-2020 dated April 13, 2020, entitled, “Online Submission of Documents for Export Processing”. The BOC allowed its accredited exporters, licensed custom brokers, and declarants to submit…
Dear Valued Clients and Friends, We are sending to you a copy of Bureau of Customs (BOC) Office of the Commissioner (Ocom) Memo No. 80-2020 dated April 13, 2020, entitled, “Guidelines for the Online Filing and Submission of Goods Declaration for Warehousing and the Processing thereof during the ECQ as…
Dear Valued Clients and Friends, We are sending to you a copy of Bureau of Internal Revenue (BIR) Revenue Regulations (RR) No. 11-2020 dated April 30, 2020, entitled, “Amends Section 2 of RR No. 10-2020 relative to the extension of statutory deadlines and timelines for the filing and submission of…
By: Atty Gerardo Maximo Francisco on April 30,2020 “A probationary employee or probationer is one who is on trial for an employer, during which the latter determines whether or not the former is qualified for permanent employment. Indeed, the employer has the right, or is at liberty, to choose who…
Dear Valued Clients and Friends, We are sending to you a copy of Securities and Exchange Commission (SEC) Memorandum Circular No. 13, series of 2020 dated April 21, 2020. It provides for an extended deadline for submission of sustainability report (SR) for publicly listed companies (PLCs) whose fiscal year ends on…
Dear Valued Clients and Friends, We are sending to you a copy of Securities and Exchange Commission (SEC) Memorandum Circular No. 12, series of 2020, published on April 15, 2020. SEC MC No. 12 prescribes the following rules to be adopted by publicly-listed companies for sale of corporate assets: Sale…
Dear Valued Clients and Friends, We are sending to you a copy of Securities and Exchange Commission (SEC) Notice April 22, 2020. The SEC extended the filing of Integrated Annual Corporate Governance Report by publicly listed companies until July 30, 2020. Should you have questions on the above article, please…
By: Atty. Carence Navidad on April 23,2020 FILIPINOS’ “bayanihan spirit” is again on display amid the coronavirus disease 2019 (Covid-19) pandemic. Various sectors have been contributing financially, donating various medical equipment, supplies and food to several health facilities and frontline workers across the country. Republic Act 11469, or the “Bayanihan…
Dear Valued Clients and Friends, We are sending to you a copy of Bureau of Customs (BOC) Customs Memorandum Order (CMO) No. 10-2020 dated April 8, 2020, entitled, “Summary Abandonment Proceedings during Enhanced Community Quarantine.” The abandonment proceedings for the refrigerated containers and dry vans is summarized as follows: Imported…
Dear Valued Clients and Friends, We are sending to you a copy of Bureau of Internal Revenue (BIR) Revenue Memorandum Circular (RMC) No. 44-2020 dated April 17, 2020, entitled, “Issuance of temporary electronic copies of VAT Certificates (VCs) and VAT Identification Cards (VICs) due to the continuing implementation of the…