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 By Euney Marie Mata-Perez on June 15,2023 THE outstanding capital stock of a corporation shall constitute a trust fund held by the corporation for the benefit of its creditors. It shall not be returned to the stockholders by repurchase of shares, except in the manner as provided for under the...

By Euney Marie Mata-Perez on June 8,2023 THE structure of a company’s ownership and control greatly influences its corporate governance. Thus, the success of a company’s corporate governance is also determined by its permitted shareholding structure. A question that should then be addressed by our Securities and Exchange Commission (SEC)...

By: Atty. Jan Ethan Gordola on May 11,2023 IN the recent decision of Bases Conversion and Development Authority and John Hay Management Corp. v City Government of Baguio City (BCDA v Baguio Case, GR 192694. Feb. 22, 2023), the Supreme Court stated that “[t]he payment of fees for the issuance...

By Gladys Jane Dela Cruz on May 4,2023 IN last week’s article, we discussed that to qualify for value-added tax (VAT) zero-rating under Section 108(B)(2) of the National Internal Revenue Code, the following elements must be present: (1) the recipient of the services is a foreign corporation doing business outside...

By: Atty. Keanu P. Castañeda on April 27,2023 SERVICES rendered to a person engaged in business conducted outside the Philippines or to a nonresident person not engaged in business who is outside the Philippines may be subject to zero percent value-added tax (VAT), provided that the consideration for the services...

By: Atty. Cara Angela N. Flores on April 20,2023 THE board of directors exercises the powers, conducts all business and controls all properties of a corporation (Section 22, Revised Corporation Code). Being the vessel of corporate powers, the directors have fiduciary duty toward the corporation. The Supreme Court in the...

By: Atty. Euney Marie Mata-Perez on April 13,2023 TAX assessments by tax examiners are presumed correct and made in good faith (Cagayan Robina Sugar Milling Co. v Court of Appeals, 342 SCRA 663, Oct. 12, 2000). It is the taxpayer and not the Bureau of Internal Revenue (BIR) who has...

By Atty. Mark Anthony P. Tamayo on March 30,2023 UNDER the present transaction value (TV) system, the duty base in valuing imported goods for customs appraisement purposes is the total payment made (or to be made by) the buyer to (or for the benefit of) the seller. The system is...

 By Xela Leona Laqui on March 23,2023 THE Doctrine of Hierarchy of Courts (or the Principle of Judicial Hierarchy) provides that when here, courts have concurrent or shared jurisdiction over the subject matter of a case, a litigant is not free to file a complaint or petition in any court...