SC issues guidelines on prosecution of criminal acts for tax law
Other Relevant Tax Updates:
- TAX & BUSINESS-RELATED NEWS [NOVEMBER 21-27]
- CTA CASES
- TAX & BUSINESS-RELATED NEWS [NOVEMBER 21-27]
- Sprawling Palawan prison eyed for Peza ecozone
- BIR to social media influencers: Pay taxes or face charges
- MBC urges ARTA to create private sector advisory body
- Swiss challenge on for TPLEX extension
- Hike in SEC fees, charges imminent
- Closing chapter: Dy family-owned Security Bank ceases credit card operations
- Quezon City court lifts freeze order vs Megaworld
- Bill splits Baguio villages inside Camp John Hay
- Toyota partners with Santa Rosa, Pasay for free community shuttle
- UE president rescinds resignation as chairman of UAAP Board of Trustees
- Private hospitals to PhilHealth: Pay P27 billion by yearend
- 2nd longest CALAX segment to open end-2024
- PH paper industry bemoans imports, cites shutdown of 22 mills
- Ghost receipts exposed: BIR pursues criminal cases worth P1.8 billion
- Surigao del Sur rep suggests abolishing ERC due to Meralco WACC issue
- House okays bill shortening validity of CBA to 3 years
- DPWH, Jica eyeing to build second San Juanico bridge
- Businessmen lament ‘hidden costs’ of doing business in PH
- Benguet Corp. gets permit for Zamboanga Sibugay gold mine
- House panel OKs tax perks law revisions
- SEC cancels BBM International’s registration over Marcos name exploitation
- Six gencos keen to supply Meralco
- Eastern Samar miners urged to comply with mineral production sharing deal
- Construction firms rally behind Megaworld
- Gov’t urged to update senior citizen perks, discounts
- Rules on VAT immunity under CREATE issued
- House panel OKs amendment lowering corporate income tax to 20%
- SC issues guidelines on prosecution of criminal acts for tax law
- SC upholds legality of anti-profiteering provision
- MIAA takes over Philippine Village Hotel
- CTA CASES
[TAXPAYER CANNOT BE REQUIRED TO AWAIT THE DECISION OF THE LOCAL TREASURER ANY LONGER; OTHERWISE, ITS JUDICIAL ACTION SHALL BE BARRED BY PRESCRIPTION] [BOTH SECTIONS 195 & 196 OF THE LOCAL GOVERNMENT CODE REQUIRE THAT TAXPAYER SHOULD FIRST EXHAUST ADMINISTRATIVE REMEDIES BEFORE BRINGING THE APPROPRIATE ACTION IN COURT-WRITTEN PROTEST WITH THE LOCAL TREASURER FOR THE ASSESSMENT & WRITTEN CLAIM FOR REFUND OR CREDIT WITH THE SAME OFFICE FOR REFUND OR CREDIT]
Petitioner City Treasurer of Makati filed a Petition for Review praying that the earlier Orders of the Regional Trial Court (RTC) be set aside and seeking the dismissal of the Respondent Kurimoto (Philippines) Corporation’s claim for a refund. The Petitioner argued that the Court erred in holding that it was estopped from invoking the rule of exhaustion of administrative remedies. The Petitioner asserted that the Respondent raised the issue on estoppel as an afterthought in a desperate attempt to get a favorable ruling since the Revised Assessment reflecting the overpayment was formally issued only on July 18, 2019, while the Respondent’s Petition for Refund was filed with the court a quo on January 23, 2019. However, the Court found that the Respondent had shown, to the Court’s satisfaction, that it had exhausted the administrative remedies provided under Sections 195 and 196 of the Local Government Code, i.e., written protest or written claim for refund or credit with the Local Treasurer, before resorting to courts. The Court held that the court a quo was correct in granting the Respondent’s Motion for Summary Judgment and ordering the Petitioner to refund the Respondent the amount of Php 162,400.86, representing its tax overpayment for Taxable Year (TY) 2016. The Court’s ruling affirms the importance of exhausting administrative remedies before resorting to courts. The Doctrine of Exhaustion of Administrative Remedies requires that before a party is allowed to seek the intervention of the court, he or she should have availed of all the means of administrative processes afforded him or her. The rationale behind the Doctrine is that administrative agencies are better equipped to resolve questions of fact and to interpret the law in their areas of expertise. Consequently, the Petition was DENIED. [CITY TREASURER OF MAKATI REPRESENTED BY ACTING CITY TREASURER JESUSA E. CUNETA VS. KURIMOTO (PHILIPPINES) CORPORATION, CTA AC NO. 257, AUGUST 31, 2023]
2ND LOA FROM “RUN AFTER TAX EVADERS” NATIONAL INVESTIGATION DIVISION IS NOT PROHIBITED
Petitioner Golden Donuts, Inc. filed a Petition for Certiorari seeking to nullify the Run After Tax Evaders (RATE) Letter of Authority (LOA) issued by the Respondent Commissioner of Internal Revenue (CIR) for the Taxable Year (TY) 2007 citing the absence of a Preliminary Investigation. The Petitioner claimed that its 2007 books of accounts were already the subject of a full-blown assessment and was subsequently terminated after payment of the deficiency taxes. Likewise, the Petitioner further asserted that if there were findings of alleged fraud, then it should have been first informed of the fraud’s nature; otherwise, the RATE LOA would be violative of its constitutional right to due process. On the other hand, the Respondent countered that the issuance of the RATE LOA was based on the finding of prima facie evidence of fraud as evinced by a Memorandum recommended by the Chief of the BIR’s National Investigation Division (NID) to the CIR, which is one of the exceptions under the Tax Code, as amended. In ruling, the Court found that the finding of prima facie evidence of fraud as evinced by the Memorandum recommended by the Chief of the BIR’s NID to the CIR is a sufficient reason for the issuance of the RATE LOA. The Court also found that the issuance of the RATE LOA did not violate the Petitioner’s right to due process because it was merely an authorization to examine the Petitioner’s books of accounts and other accounting records. The Court further held that the examination of the Petitioner’s books of accounts and other accounting records was necessary to determine whether there were any discrepancies or irregularities in the Petitioner’s tax returns. Consequently, the Petition was DENIED. [GOLDEN DONUTS, INC. VS. COMMISSIONER OF INTERNAL REVENUE, CTA CASE NO. 9676, AUGUST 30, 2023]
Sprawling Palawan prison eyed for Peza ecozone [Inquirer Mobile, November 27, 2023]
Peza Director General Tereso Panga said that this planned economic zone which will be owned by the government is being eyed to rise at the Iwahig penal colony, which will give the proposed economic hub 26,000 hectares of land area ideal for manufacturing activities.
BIR to social media influencers: Pay taxes or face charges [Philippine Daily Inquirer, November 27, 2023]
Social media influencers have been ignoring notices from the Bureau of Internal Revenue (BIR) for them to voluntarily comply with tax laws, prompting the agency to consider filing tax evasion cases against them.
MBC urges ARTA to create private sector advisory body [Inquirer Mobile, November 27, 2023]
“I think the thinking of many of our government agencies is regulatory. But the thinking, the mindset should be changed from regulation, which by the way is important as well, but to how to be an enabling agency,” Chua told reporters last week on the sidelines of a forum in Makati.
Swiss challenge on for TPLEX extension [The Philippine Star, November 27, 2023]
To be implemented through PPP, the TPLEX extension project is a 59.4-kilometer four-lane toll road that will start from TPLEX in Rosario, La Union and terminate in San Juan, La Union.
Hike in SEC fees, charges imminent [Inquirer Mobile, November 27, 2023]
The Securities and Exchange Commission (SEC) will move forward with a planned hike in fees and charges after hashing out differences with top business groups, which had earlier opposed the increase because of the added burden it would impose on smaller enterprises.
Closing chapter: Dy family-owned Security Bank ceases credit card operations [Bilyonaryo, November 26, 2023]
Originally incorporated as Security Diners International Corporation on October 9, 1980, SB Cards gained exclusive franchise ownership of the Diners Club International credit card in the Philippines.
Quezon City court lifts freeze order vs Megaworld [The Philippine Star, November 26, 2023]
Datem is seeking P1 billion from Megaworld supposedly in unpaid dues for services rendered to the company.
Megaworld said it was forced to have other contractors take over the projects due to Datem’s “gross negligence and blatant disregard for project completion timelines.”
Bill splits Baguio villages inside Camp John Hay [Philippine Daily Inquirer, November 25, 2023]
Congress is deliberating on a new measure that would exclude 13 barangays from Camp John Hay, which is under the custody of the Bases Conversion and Development Authority (BCDA).
Toyota partners with Santa Rosa, Pasay for free community shuttle [The Philippine Star, November 25, 2023]
Toyota Motor Philippines (TMP) has partnered with the cities of Pasay and Santa Rosa in Laguna for the Toyota Community Shuttle (TCS) – a free on-demand, shared transportation service, which will be delivered via digital interface.
UE president rescinds resignation as chairman of UAAP Board of Trustees [Spin.ph, November 25, 2023]
University of the East president Dr. Zosimo Battad will stay on as Season 86 board chairman after rescnding his ‘verbal resignation’ earlier this month.
Private hospitals to PhilHealth: Pay P27 billion by yearend [The Philippine Star, November 25, 2023]
“We are asking PhilHealth to make good on their promise to pay the (more than) P20-billion arrears to the hospitals before the end of the year,” Private Hospitals Association of the Philippines Inc. (PHAPI) president Dr. Jose Rene de Grano said before the weekend.
2nd longest CALAX segment to open end-2024 [Manila Bulletin, November 24, 2023]
After the opening of the new Silang Aguinaldo interchange in the Cavite-Laguna Expressway (CALAX), its connecting segment to Governor’s Drive in General Trias, Cavite is expected to be operational by the end of 2024.
PH paper industry bemoans imports, cites shutdown of 22 mills [Inquirer.Net, November 24, 2023]
The Pulp and Paper Manufacturers Association of the Philippines (Pulpapel) said that it had a dialogue with officials from the Department of Trade and Industry (DTI) recently, and requested safeguard and antidumping measures on imported recycled packaging papers used in making corrugated carton boxes.
Ghost receipts exposed: BIR pursues criminal cases worth P1.8 billion [Bilyonaryo, November 23, 2023]
The agency disclosed that the implicated individuals and entities span diverse industries, including construction and hardware, marketing of goods, equipment, office supplies, automotive oils, trading of metals, contractor electrical and mechanical systems, as well as hotel and food services.
Surigao del Sur rep suggests abolishing ERC due to Meralco WACC issue [Inquirer.Net, November 23, 2023]
Surigao del Sur 2nd District Rep. Johnny Pimentel raised on Wednesday the possibility of abolishing the Energy Regulatory Commission (ERC) for failing to recompute the weighted average cost of capital (WACC) of the Manila Electric Company (Meralco) for 13 years.
House okays bill shortening validity of CBA to 3 years [The Manila Times, November 23, 2023]
The House of Representatives approved a bill reducing the duration and validity of the collective bargaining agreement (CBA) in terms of its representation to three years from five years.
DPWH, Jica eyeing to build second San Juanico bridge [Philippine Daily Inquirer, November 23, 2023]
The Department of Public Works and Highways (DPWH) and the Japan International Cooperation Agency (Jica) are studying the possibility of constructing a new bridge that will serve as an alternative to the 50-year-old San Juanico Bridge that connects the islands of Leyte and Samar.
Businessmen lament ‘hidden costs’ of doing business in PH [Manila Bulletin, November 23, 2023]
Business leaders urged the national government to help in eliminating or reducing what they called the “hidden cost” of doing business in the country, particularly at the community level.
Benguet Corp. gets permit for Zamboanga Sibugay gold mine [Inquirer Mobile, November 23, 2023]
According to Benguet, the project is located around 150 kilometers from Zamboanga City and straddles the common boundary of RT Lim in Zamboanga Sibugay and Siocon in Zamboanga del Norte.
House panel OKs tax perks law revisions [The Manila Times, November 22, 2023]
THE House of Representatives Committee on Ways and Means has passed the substitute bill that would amend the Corporate Recovery and Tax Incentives for Enterprises Act (Create) to include provisions on the imposition of the Global Minimum Corporate Tax regime.
SEC cancels BBM International’s registration over Marcos name exploitation [Bilyonaryo, November 22, 2023]
The Securities and Exchange Commission (SEC) has nullified the corporate license of BBM International Inc., an entity exploiting the name of President Bongbong Marcos to attract members.
Six gencos keen to supply Meralco [The Manila Times, November 22, 2023]
SIX power generation firms have expressed interest in taking part in the competitive selection process (CSP) for the supply of 1,800 megawatts (MW) of power, a senior Manila Electric Co. (Meralco) official said on Monday.
Eastern Samar miners urged to comply with mineral production sharing deal [GMA News Online, November 22, 2023]
The provincial government of Eastern Samar called on miners operating in the area to fully comply with the issued Mineral Production Sharing Agreements (MPSAs).
Construction firms rally behind Megaworld [The Manila Times, November 22, 2023]
MAJOR real estate contractors and construction firms expressed their support for property giant Megaworld in its legal battle against construction firm Datem Inc.
Gov’t urged to update senior citizen perks, discounts [ABS-CBN News, November 22, 2023]
Atty. Franklin Quijano, Chairman of the National Commission of Senior Citizens said the law authorizing their benefits has been there since 2010 or for more than 10 years.
Rules on VAT immunity under CREATE issued [Philippine Daily Inquirer, November 21, 2023]
The Bureau of Internal Revenue (BIR) has released the guidelines for companies that want to become value-added tax (VAT)-registered taxpayers in order to enjoy both the special 5-percent tax rate based on a firm’s gross income earned (GIE) and VAT exemptions under the Duterte-era Corporate Recovery and Tax Incentives for Enterprises (CREATE) Act.
House panel OKs amendment lowering corporate income tax to 20% [GMA News Online, November 21, 2023]
The unnumbered substitute bill, dubbed as CREATE to Maximize Opportunities for Reinvigorating the Economy (CREATE More) bill, provides that domestic and resident foreign corporations elected under the enhanced deductions regime as provided in Section 294.C of the bill will be imposed a 20% income tax annually.
SC issues guidelines on prosecution of criminal acts for tax law [GMA News Online, November 21, 2023]
The Supreme Court has ruled that an assessment for deficiency taxes is not required for the collection of an accused’s civil liability for unpaid taxes in a criminal tax case.
SC upholds legality of anti-profiteering provision [Philippine Daily Inquirer, November 21, 2023]
Before filing the complaint, Dimagiba sent letters to the companies involved asking why their ex-mill flour prices had not been reduced despite the drop in the price of wheat in the world market, freight cost, foreign exchange rate and the imposition of zero tariff.
MIAA takes over Philippine Village Hotel [The Manila Times, November 21, 2023]
After more than 20 years of being abandoned and eight years of legal battles, the Philippine Village Hotel (PVH) was finally turned over to the Manila International Airport Authority (MIAA).