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On 21 March 2022, RA No. 11659, otherwise known as an Act Amending CA No. 146 or the Public Service Act, was signed into law, thereby amending the decades-old Public Service Act. With the end view of attracting foreign investments to the country to boost market competitiveness, foster innovation, and create high-quality jobs, other public service business as airport operation, railway, and even expressways may now be owned 100% by foreign entities subject to the grant of administrative franchise by the concerned administrative agencies tasked to oversee or regulate these undertakings.

Generally, taxpayers have six (6) days left before the last day for the filing of the Annual Income Tax Returns (AITR) for the calendar year 2022 which falls on April 17 2023. With the filing of the AITR, the power of the Bureau of Internal Revenue (BIR) to assess and examine if correct taxes were paid begins. However, the said power of the BIR to assess deficiency taxes is not limitless.

This year, the deadline for the submission of the AITR for calendar year ended December 31, 2022 is on April 17, 2023, while the submission of AFS with the Securities and Exchange Commission (SEC) is from May 29 to June 30, 2023, depending on the last numerical digit of the company’s SEC registration or license number. The month of April is always considered a “crunch time” period. However, the submission does not end with the BIR. After these documents have been received by the BIR, companies also have to submit them to the SEC. In addition, the General Information Sheet (GIS) shall be filed on or before April 30, 2023.

For taxpayers using the calendar year, the due date for the filing of the 2022 Income Tax Return (ITR) will be on April 17, 2023, since April 15 will fall on a Saturday. Taxpayers are already used to their life cycle – file their different tax returns regularly, the ITR being the last periodic tax return to be filed for a taxable year, then wait for the BIR (Bureau of Internal Revenue) to come to them for the subsequent BIR audit.

There is an enduring yet relevant saying that echoes across generations, that in life there are but only two certainties – Death and Taxes. This saying becomes even more emphasized for Filipino taxpayers as the tax filing season for many usually coincides with the time most Filipinos commemorate the death of Jesus Christ. And as most of us begin to zone into meditative mode in preparation for Holy Week, we cannot help but contemplate the significance as well that payment of taxes plays in any civilized society. In fact, Jesus himself recognized the significance of taxes when he poignantly said, “render unto Caesar that which is Caesar’s”.

The deadline of our Annual Income Tax Return (AITR) filing for taxable year 2022 is fast approaching and many taxpayers are beating the April deadline. Once the ITRs has been filed, taxpayers should start preparing for possible audit investigations that may be set by the Bureau of Internal Revenue (BIR). This is why it is important to determine the taxability of our transactions.

Do you recall the issuance of regulations and memorandum circulars by the Bureau of Internal Revenue (BIR) on another required attachment to the Annual Income Tax Return (AITR) during the height of the pandemic? This was the requirement to submit BIR Form No. 1709, the Information Return on Transactions with Related Party or simply Related Party Transaction (RPT) Form, and its supporting attachments.

Tomorrow is Ash Wednesday. For Catholics around the world, it is the beginning of the Lenten season which is a period for reflection and contemplation.