BIR amends the policies in the issuance of tax clearance on BIR assessment
- TAX & BUSINESS-RELATED NEWS [MAY 23-29]
- BIR ANNOUNCES THE AVAILABILITY OF BIR FORMS 1604-C, 1604-E, 1604-F & 0620 IN THE eFPS
- BIR PRESCRIBES THE PROCEDURES IN THE PROCESSING OF REQUEST FOR STAMPING OF ELECTRONICALLY FILED “NO PAYMENT ITR” THROUGH eBIRFORMS
- BIR ANNOUNCES THE AVAILABILITY OF ENHANCED BIR FORMS 1901-1905
- BIR AMENDS THE POLICIES & PROCEDURES IN THE ISSUANCE OF TAX CLEARANCE ON BIR ASSESSMENT
- BIR ITAD RULINGS ON DIVIDENDS & INTERESTS
- FIRB CLARIFIES THE SUBMISSION OF ANNUAL TAX INCENTIVES REPORT & ANNUAL BENEFITS REPORT
- COURT OF TAX APPEALS CASE ON THE EXTENT OF TAX EXEMPTION & INCENTIVES OF A FREEPORT ENTITY
- SUPREME COURT CASE ON THE EXCISE TAX REFUND OF PAL
1. TAX & BUSINESS-RELATED NEWS [MAY 23-29]
- Senate OKs estate tax amnesty extension bill on final reading
- Yuchengco Group may exit construction business
- DOF to grant six years tax holiday to Japanese company in SBMA
- NGCP energizes P10.2 billion Hermosa-San Jose line
- Labor group warns vs retrenchment at Duty Free PH
- Pagcor cancels accreditation of offshore gaming service provider
- Former party-list Teddy Casino reacts to the recent joint venture deal between ABS-CBN and Romualdez’ Prime Holdings Inc.
- JPMorgan Chase cut about 500 jobs this week, including technology and operations roles
- Senators urged to pass Ease of Paying Taxes bill
- Liloan’s Pier 88 Port to open by end of the month, says Frasco
- Angel’s Burger disowns Dubai establishment using its logo, tagline
- BIR files 69 criminal cases vs illegal cigarette trader
- PEZA still pushing for WFH perks for registered firms
- NGCP grilled after records show up to 99% of annual net profits go to dividends
- Filipino seafarers to lose jobs as ‘ambulance chasers’ win
- SEC voids license of Juluis Allan Nolasco’s Superbreakthrough Enterprises Corp.
- Illegal salary deductions from power coop workers bared
- Filinvest Land enters joint venture for flexible workplaces
- BIR warns against use of multiple taxpayer ID nos.
- Dormant PPA tracking proposal pushed anew
2. BIR ANNOUNCES THE AVAILABILITY OF BIR FORMS 1604-C, 1604-E, 1604-F & 0620 IN THE eFPS
Revenue Memorandum Circular (RMC) No. 62-2023, issued on May 29, 2023, announces the availability of BIR Forms 1604-C, 1604-E, 1604-F, and 0620 in the Electronic Filing and Payment System (eFPS).
3. BIR PRESCRIBES THE PROCEDURES IN THE PROCESSING OF REQUEST FOR STAMPING OF ELECTRONICALLY FILED “NO PAYMENT ITR” THROUGH eBIRFORMS
Revenue Memorandum Circular (RMC) No. 61-2023, issued on May 24, 2023, prescribes the procedures in the processing of request for stamping of electronically filed “No Payment Annual Income Tax Returns (ITRs)” through eBIRForms. As prescribed, Revenue District Offices (RDOs) may still manually stamp printed electronically filed Annual ITRs for requesting taxpayers subject to a formal written request and validation.
It may be recalled that under RMC No. 32-2023, “No Payment Annual ITR” need not be filed manually.
4. BIR ANNOUNCES THE AVAILABILITY OF ENHANCED BIR FORMS 1901-1905
Revenue Memorandum Circular (RMC) No. 60-2023, issued on May 23, 2023, announces the availability of enhanced BIR Forms 1901-1905 relative to the implementation of Ease of Doing Business and Efficient Government Service Delivery Act of 2018.
5. BIR AMENDS THE POLICIES & PROCEDURES IN THE ISSUANCE OF TAX CLEARANCE ON BIR ASSESSMENT
Revenue Memorandum Order (RMO) No. 18-2023, issued on May 19, 2023, amends the policies and procedures in the issuance of the Authority to Cancel Assessment (ATCA) as provided in RMO No. 33- 2018. The issuance of ATCA relative to protested tax assessments has been identified as redundant. Hence, item III.1 (a) of RMO No. 33-2018, which pertains to the issuance of ATCA for protested assessment, which is not yet final and delinquent, is removed. All other items listed thereof shall remain to be in effect as these all pertain to tax assessments that were reported and determined as “delinquent account” but later approved for compromise settlement, amnesty or abatement of penalties, or declared prescribed, including tax assessments determined to be invalid or worthless.
6. BIR ITAD RULINGS ON DIVIDENDS & INTERESTS
DENIED DIVIDENDS RULING SINCE THE BENEFICIAL OWNER IS NOT A CORPORATION BUT AN INDIVIDUAL
V Co. is requesting confirmation that the dividend payments made to BBB, a Spanish individual, and a resident of Singapore, are subject to the preferential income tax rate of 15% pursuant to Article 10 (2) (a) of the Philippine-Singapore (PH-SG) Tax Treaty. In reply, Section 25 (B) of the 1997 Tax Code, as amended, provides that income derived by a nonresident alien not engaged in trade or business within the Philippines is subject to income tax at the rate of 25%. However, under Section 32 (B) (5) of the same Code, such income is exempt to the extent required by any treaty obligation binding upon the Philippine government. In this relation, Article 10 of the PH-SG Tax Treaty provides that the lower rate of 15% shall be applied only when the recipient is the beneficial owner of the dividends and a company that holds at least 15% of the outstanding shares of the voting stock of the paying company during the part of latter’s taxable year which precedes the date of payment of the dividend and during the whole of its prior taxable year, if any. Given that the second requisite is absent since the beneficial owner of the dividends is an individual resident of Singapore and not a company, a higher rate of 25% shall be imposed on the dividends paid. [BIR ITAD RULING NO. 005-23, MARCH 21, 2023]
DIVIDENDS PAID BY A DOMESTIC CORPORATION TO A NON-RESIDENT FOREIGN CORPORATION ARE NOT DIVIDENDS QUALIFIED UNDER 15% BUT INTEREST SUBJECT TO 30% RCIT
A Co. is requesting confirmation whether the dividends paid to M Co., a foreign corporation, are subject to income tax of 15% under Section 28 (B)(5)(b) of the 1997 Tax Code, as amended. In reply, to qualify for the lower rate, it requires that the country of residence of the Non-Resident Foreign Corporation (NRFC) shall allow a credit against its tax due taxes deemed to have been paid in the Philippines equivalent to 15%. Scrutiny of the Philippine Depository Receipts (PDR) Instruments revealed that M Co. cannot be considered a shareholder entitled to receive dividends. Citing Section 11 (1), Article XVI of the 1987 Philippine Constitution provides that ownership and management of mass media shall be limited to Filipino citizens, or to corporations, cooperatives, or associations wholly owned and managed by such citizens. However, the cash distributions are similar to interest payments. As such, the cash distributions made by A Co. to M Co. may properly be classified as, or may take the form of, interest rather than dividends. Although the cash distributions received are not cash dividends subject to 15%, it is, however, classified as interest subject to 30% pursuant to Section 28 (B) of the 1997 Tax Code, as amended. [BIR ITAD RULING NO. 004-23, MARCH 10, 2023]
7. FIRB CLARIFIES THE SUBMISSION OF ANNUAL TAX INCENTIVES REPORT & ANNUAL BENEFITS REPORT
Fiscal Incentives Review Board (FIRB) Advisory No. 010A-2023, dated May 10, 2023, provides clarifications on the submission of the Annual Tax Incentives Report (ATIR) and Annual Benefits Report (ABR) for the taxable year 2022 in relation to FIRB Memorandum Circular (MC) No. 001-2023 in line with the Republic Act (R.A.) No. 11534, otherwise known as the “Corporate Recovery and Tax Incentives for Enterprises” (CREATE) Act. Highlights include the manner of submission, deadlines, and format.
8. CTA CASE ON THE EXTENT OF TAX EXEMPTION & INCENTIVES OF A FREEPORT ENTITY
SBMA FREEPORT ENTITY IS EXEMPT FROM DST ONLY AFTER A CERTIFICATE OF REGISTRATION & TAX EXEMPTION IS ISSUED
Petitioner The Teleempire Incorporated filed a Petition for Review seeking the cancellation of the Documentary Stamp Tax (DST) assessment issued by the Respondent Commissioner of Internal Revenue (CIR) and to refund or issue a Tax Credit Certificate (TCC) on the alleged erroneously and illegally collected DST it paid. The Petitioner argued that upon the execution of the Lease Agreement with the Subic Bay Metropolitan Authority (SBMA) on February 26, 2016, it is deemed registered as a Subic Bay Freeport (SBF) enterprise with the SBMA. Being so, it is exempt from the assessed DST, pursuant to Section 12(c) of the Republic Act (RA) No. 7227, otherwise known as the Bases Conversion and Development Authority. On the other hand, the Respondent countered that the Lease Agreement was entered into on February 26, 2016, whereas the SBMA only issued a Certificate of Registration and Tax Exemption (CRTE) in favor of the Petitioner on April 26, 2016. For them, it is the date of issuance of said CRTE which is the reckoning point of the Petitioner’s tax exemption under R.A. No. 7227. In ruling, the Court held that the local and national tax exemption in Section 12(c) of R.A. No. 7227 kicks in, only upon SBMA’s issuance of COR or CRTE to a business enterprise within the Subic Special Economic Zone (SSEZ). Given that the SBMA issued the CRTE to the Petitioner on April 26, 2016, the latter may only be considered as a business enterprise within the SSEZ, exempt from national and local taxes as of said date. Ergo, the lease transaction, evidenced by the Lease Agreement executed by and between the Petitioner and SBMA on February 26, 2016, or prior to the issuance of said CRTE on April 26, 2016, is subject to DST. Consequently, the alleged erroneously and illegally collected DST and the penalties it paid were likewise denied. In any event, however, the Court deleted the imposition of the compromise penalty, because the Petitioner never agreed to its imposition. Consequently, the Petition was PARTIALLY GRANTED. [THE TELEEMPIRE INCORPORATED VS. THE COMMISSIONER OF INTERNAL REVENUE & THE REGIONAL DIRECTOR OF REVENUE REGION NO. 4, CITY OF SAN FERNANDO, PAMPANGA, CTA CASE NO. 9968, APRIL 25, 2023
9. SC CASE ON THE EXCISE TAX REFUND OF PAL
[THE FRANCHISE OF PAL REMAINS THE GOVERNING LAW ON ITS EXEMPTION FROM TAXES] [FOR THE IMPORTED COMMISSARY & CATERING SUPPLIES TO BE EXEMPT FROM EXCISE TAX, THE SUPPLIES MUST BE IMPORTED FOR THE USE OF THE FRANCHISEE IN ITS TRANSPORT/NON-TRANSPORT OPERATIONS & OTHER INCIDENTAL ACTIVITIES & THEY ARE NOT LOCALLY AVAILABLE IN REASONABLE QUANTITY, QUALITY, OR PRICE]
Both the Commissioner of Internal Revenue (CIR) and the Philippine Airlines, Inc. (PAL) filed their Petitions for Review on Certiorari assailing the earlier CTA 2nd Division’s Decision and Resolution partially granting PAL’s claim for a refund or issuance of a Tax Credit Certificate (TCC) for its erroneously paid excise taxes. PAL insisted that it has presented sufficient evidence that it is entitled to the remaining amounts, for a full refund. On the other hand, the CIR maintained that under the present excise tax regime, all alcohol and tobacco importations are subject to excise tax sans exemption. Even granting that PAL is entitled to the tax privilege, CIR insisted that PAL failed to prove that it met the conditions under Section 13 of Presidential Decree (P.D.) No. 1590, or the Act Granting a New Franchise to PAL. In ruling, the Court held that the tax privilege of PAL provided in Section 13 of P.D. No. 1590 has not been revoked by Section 131 of the 1997 Tax Code. As regards PAL’s alleged non-compliance with the conditions set by Section 13(b)(2) of P.D. No. 1590, there is no question that the imported liquors, wines, and cigarettes were “inflight materials” used in PAL’s transport/flight operations and the imported items were not locally available in reasonable quantity, quality, or price. Also, the Court agreed with PAL that the printouts of the VAT Quarterly Returns representing payments made through the Electronic Filing and Payment System in the BIR website are considered original documents. Thus, the CTA erroneously disregarded PAL’s claim for a full refund. Consequently, the Petition was DENIED, and the CIR was ORDERED to REFUND the claimed amount in full. [COMMISSIONER OF INTERNAL REVENUE & COMMISSIONER OF CUSTOMS VS. PHILIPPINE AIRLINES, INC., G.R. NO. 236343-45 AND PHILIPPINE AIRLINES, INC. VS. COMMISSIONER OF INTERNAL REVENUE & COMMISSIONER OF CUSTOMS, G.R. NO. 236372-74, JANUARY 17, 2023, UPLOADED FEBRUARY 14, 2023]
Senate OKs estate tax amnesty extension bill on final reading [GMA News Online, May 29, 2023]
It likewise seeks to expand the coverage of the tax amnesty and include the estates of those who have died on or before May 31, 2022.
Yuchengco Group may exit construction business [The Philippine Star, May 29, 2023]
It’s not clear yet when this could happen if and when it does, sources said, but they noted that this was largely the Yuchengco Group’s move to manage risks and instead concentrate its resources on other businesses namely banking, education, insurance, among others.
https://www.philstar.com/business/2023/05/29/2269739/yuchengco-group-may-exit-construction-business
DOF to grant six years tax holiday to Japanese company in SBMA [The Manila Times, May 29, 2023]
In line with the National Government’s fiscal initiative given to new investors, Subic Bay Metropolitan Authority (SBMA) Chairman and Administrator Jonathan Tan caused the unanimous approval of the Fiscal Incentives Review Board (FIRB) on Nidec’s P4.2 billion new project at Subic Bay Freeport.
NGCP energizes P10.2 billion Hermosa-San Jose line [The Philippine Star, May 29, 2023]
The transmission line spans the provinces of Bulacan, Pampanga, and Bataan.
Labor group warns vs retrenchment at Duty Free PH [The Manila Times, May 28, 2023]
FFW President Sonny Matula on Sunday said that a second notice of reorganization has been handed to about 700 employees of United Workers of Duty Free Philippines (UWDFP) in response to the proposed right-sizing restructuring plan issued by the Governance Commission for GOCCs (GCG).
Pagcor cancels accreditation of offshore gaming service provider [The Manila Times, May 27, 2023]
CGC was found to be operating six buildings inside the Sun Valley Business Hub in Mabalacat, Pampanga, but only two were accredited by Pagcor. Personnel working in the hub are of mixed nationalities, including Indonesians, Vietnamese, Nepalese, Bhutanese and Chinese.
Former party-list Teddy Casino reacts to the recent joint venture deal between ABS-CBN and Romualdez’ Prime Holdings Inc. [Lionheartv.net, May 27, 2023]
Former Partylist Congressman Teddy Casino criticized politicians for their double standards after ABS-CBN entered into a joint venture with Prime Holding Inc. of House Speaker Martin Romualdez.
JPMorgan Chase cut about 500 jobs this week, including technology and operations roles [CNBC, May 26, 2023]
Under CEO Jamie Dimon, JPMorgan has been in growth mode as of late, most recently by acquiring failed regional bank First Republic in a government-brokered deal. This week, JPMorgan offered positions to about 85% of First Republic’s roughly 7,000 workers.
https://www.cnbc.com/2023/05/26/job-cuts-jpmorgan-chase-cut-about-500-tech-and-ops-jobs-.html
Senators urged to pass Ease of Paying Taxes bill [The Philippine Star, May 26, 2023]
The business group said it looks forward to changes such as allowing taxpayers to file and pay their taxes in any revenue district office, not just their RDOs, and to have the choice to file and pay all taxes physically or electronically as well as to file and pay in just one RDO, not all the RDOs they operate in.
https://www.philstar.com/business/2023/05/26/2268995/senators-urged-pass-ease-paying-taxes-bill
Liloan’s Pier 88 Port to open by end of the month, says Frasco [GMA News Online, May 25, 2023]
Frasco said Pier 88 will serve commuters from Bohol, Camotes Islands, Leyte, and Metro Cebu.
Angel’s Burger disowns Dubai establishment using its logo, tagline [interaksyon, May 25, 2023]
A budget burger chain advised patrons that its “legitimate” branches are only located within the Philippines following online posts of establishments claiming to carry part of their name.
BIR files 69 criminal cases vs illegal cigarette trader [ABS-CBN News, May 25, 2023]
January’s raid and the filing of cases were the first of its kind in the history of the BIR, it said.
https://news.abs-cbn.com/business/05/25/23/bir-files-69-criminal-cases-vs-illegal-cigarette-trader
PEZA still pushing for WFH perks for registered firms [Inquirer Mobile, May 24, 2023]
“In Peza, we are pushing for hybrid workplace with maximum 30 percent allowance for work-from-home by our locators. Most of our locators would like to keep their Peza registration and sites, while availing of flexi-work for their workers,” Panga said further.
NGCP grilled after records show up to 99% of annual net profits go to dividends [GMA News Online, May 24, 2023]
The National Grid Corporation of the Philippines (NGCP) on Wednesday faced another round of grilling from the Senate energy committee after records showed that 75% to 99% of its annual profits went to dividends.
Filipino seafarers to lose jobs as ‘ambulance chasers’ win [The Manila Times, May 24, 2023]
Recurring grievances from said employers have been aired for the past years due to the rampant ambulance chasing in the country where seafarers are urged by unscrupulous lawyers to pursue claims against their employers over questionable fit-to-work certifications.
SEC voids license of Juluis Allan Nolasco’s Superbreakthrough Enterprises Corp. [Inquirer.Net, May 24, 2023]
The SEC also said that it had also been tracking the activities of AlphanetWorld Corp. or NWorld, which shows a connection to 1UP Time.
Illegal salary deductions from power coop workers bared [The Manila Times, May 24, 2023]
A public hearing held by the House of Representatives unearthed the illegal deduction of salaries of employees of the Isabela Electric Cooperative (Iselco-I) for payments to the One-EC MCO Network Foundation.
Filinvest Land enters joint venture for flexible workplaces [BusinessWorld, May 24, 2023]
“By entering into the joint venture agreement, FLI can leverage the expertise and experience of KMC in the flexible co-working space industry,” the company said in a regulatory filing.
BIR warns against use of multiple taxpayer ID nos. [BusinessWorld, May 23, 2023]
The BIR also said it has implemented measures to “identify and prosecute individuals who violate the TIN provision.”
Dormant PPA tracking proposal pushed anew [Inquirer Mobile, May 23, 2023]
A national organization of 15 local trucker operator associations has asked the government to immediately implement an order digitizing port operations to eliminate “abusive” charges by international shipping lines, which are estimated to be in billions of pesos annually.
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