BIR resumes audit activities on RATE cases

24 Aug 2016

This Tax Alert is issued to inform all concerned that suspension of BIR audit activities pursuant to RMC 70-2016 is now partially lifted. In line of this RMC, all field audits, operations, visitations pursuant to audit notices in the implementation of LOAs pertaining to Run After Tax Evader (RATE) cases shall be resumed in accordance with existing BIR rules and regulations This is taken to encourage voluntary compliance with internal revenue tax laws and to allow BIR to continuously investigate criminal violations of the tax code.

Third Quarter Edition of IFRS News

10 Aug 2016

This Accounting Alert is issued to provide quarterly update on all things relating to International Financial Reporting Standards (IFRS). We begin this third edition of the year by looking at some of the potential financial reporting implications of the UK's decision to leave the European Union. We then look at the amendments and proposed amendments the International Accounting Standards Board (IASB) has recently made to its standards before looking at International Financial Reporting Standards (IFRS)-related news at Grant Thornton. Further on in the newsletter, you will find a general round-up of financial reporting developments and a summary of the implementation dates of newer standards that are not yet mandatory, and a list of IASB publications that are out for comment.

Proposal to impose filing fees on motions for reconsideration

29 Jul 2016

The BIR has posted in its website an advisory requesting for comments on the following proposal. Proposal: 1. Imposition of a filing fee upon filing of a Motion for Reconsideration (MR) to the Commissioner on a full or partial denial of the protest to a FAN/FLD (final decision on disputed assessment or FDDA). Existing regulations on handling BIR assessments provide that If the protest to the FAN is denied, in whole or in part, by the Commissioner’s duly authorized representative, the taxpayer may either: (i) appeal to the Court of Tax Appeals (CTA) within thirty (30) days from date of receipt of the said decision; or (ii) elevate his protest through request for reconsideration to the Commissioner within thirty (30) days from date of receipt of the said decision. 2. Rate: 1/10 of 1% of the basic tax assessed subject of the MR 3. The MR shall not be given due course unless the filing fee is paid. 4. Legal basis: Administrative Order No. 31 (Oct 1, 2012) as implemented by DOF-DBM-NEDA joint Circular No. 1-2013 (Jan 30, 2013) which directs and authorizes heads of bureaus to rationalize their rates of fees and charges, increase their rates, and impose new fees and charges. The filing fee shall be part of an RMO that will be issued prescribing the rules in handling administrative appeals on disputed assessments.

Guidelines in establishing PERA

28 Jul 2016

This Tax Alert is issued to inform all concerned on the guidelines and procedures in establishing Personal Equity and Retirement Account (PERA). Accreditation of PERA Administrators 1. The Audit Information, Tax Exemption and Incentives Division (AITEID) shall be the BIR’s PERA processing office. Applications for accreditation (BIR Form 1941) shall be accepted only PERA administrators who were issued a “Qualification Certificate” issued by the concerned Regulatory Authority (BSP, SEC or IC). 2. Certificate of Accreditation (BIR Form 2336) shall be issued to the PERA Administrator, and a copy to the RDO/LTS having jurisdiction over the PERA administrator, for monitoring and to ensure maintenance of a separate books of accounts for PERA contributions and related transactions. 3. Accreditation shall be valid until suspended or revoked for violations or non-compliance.

Issuance of tax exemption rulings to NSNP educational institutions

28 Jul 2016

This Tax Alert is issued to put in proper context the nature and tax status of non-stock, non-profit educational institutions pursuant to the Constitutional provisions. The Philippine Constitution provides that all revenues and assets of NSNP educational institutions used actually, directly and exclusively for educational purposes shall be exempt from taxes and duties. This is further reiterated in Section 30 of the NIRC. There are only two requisites: (a) the school is non-stock and non-profit; and (b) the income is actually, directly and exclusively used for educational purposes