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.

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

BIR lifts suspension of some June 2016 issuances

26 Jul 2016

This Tax Alert is issued to inform all concerned that suspension of some revenue issuances as promulgated under Section 69-2016 is now partially lifted. The following issuances, among others, are now in effect: Issuance Number Title/Description of issuance REVENUE MEMORANDUM ORDERS (RMO) RMO No. 22-2016 Prescribing the policies and procedures for the Issuance of electronic Certificate Authorizing Registration (eCAR) http://www.grantthornton.com.ph/newsroom/technical-alerts/tax-alert/2016/Certificate-of-authorizing-registration-be-issued-only-through-electronic-system/ RMO No. 28- 2016 Authorizing the policies, guidelines and procedures in implementing the Memorandum of Understanding between the Home Development Mutual Funds and the BIR in electronic filing of tax returns thru eBIR Forms and issuance of eCAR RMO No. 30- 2016 Prescribing guidelines, policies and procedures for replacement of spoiled/bad order and factory defected internal revenue stamps under the Internal Revenue Stamps Integrated System (IRSIS) RMO No. 31- 2016 Amends RMO No. 13-2014 particularly on the public auction sale of absolutely forfeited and seized properties RMO No. 32- 2016 Further clarifying and amending certain policies, guidelines and procedures in the issuance of importer/broker clearance certificates relative to the accreditation as importer/customs broker RMO No. 33- 2016 Prescribing uniform procedures for the implementation of Internal Revenue Stamp Integrated System (IRSIS) RMO No. 34- 2016 Amending the prescribed format for the Notice of Denial that shall be prepared by concerned Regional Offices relative to Applications for Compromise Settlement and/or Abatement of Penalties