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National Internal Revenue Code of 1997 5th Edition
Companies outsource back-office business processes mainly to boost efficiency and reduce costs. Payroll, HR and accounting processes – the most common to be outsourced – are heavily transactional, and many companies determine that external specialists can execute these far more cost-effectively than they can themselves. It might therefore be expected that providers’ mastery of the relevant technical skills is the critical success factor in any relationship. The intangible aspects of these relationships – a partner’s reliability, trust and other 'non-technical' skills – count as much as (or even more than) harder factors, such as their specialist capabilities, in making outsourcing relationships work.
IMF Resident Representative to the Philippines Shanaka Peiris, in a presentation about the country’s economic outlook for 2016 and the opportunities and challenges ahead, he reported about the impressive growth achieved by the economy in recent years. Peiris said the Philippines’ economic fundamentals, such as real GDP growth, inflation rate, current account balance and general government debt, have been improving. Domestic private demand remains strong, supported by OFW remittances and the rapidly growing BPO sector. He also mentioned that the Philippines continues to have favorable endowments such as a huge English-speaking and literate workforce and an expanding domestic market, which now includes the Asean economic community. Indeed, there is great potential for the Philippines to take off economically.
“I love the Philippines, I Pay My Taxes Right. It’s easy as RFP.” This was the tax campaign theme of the Bureau of Internal Revenue (BIR) launched in 2014. According to the BIR, the concept of love for the country was carried in the RFP campaign. RFP stands for Register, File and Pay which captures the basic steps that a taxpayer should follow to be able to comply with his obligation of “paying right taxes” for nation building. Failure to comply may result in significant financial consequences on the taxpayer, with imprisonment as a worst case.
To the veterans, baby boomers, old guards, or the so-called “dinosaurs,” the idea of office work is a 9-to-6 affair that involves sticking to a routine and ticking off tasks designed and intended to meet an organization’s objectives and goals. This “well-oiled machine,” where individual parts function in accordance with a particular template to deliver an intended objective, is a management concept taken from the Industrial Revolution and perhaps, inappropriately adopted by service organizations.
Taxation will always be contentious. Many Filipino taxpayers still struggle to understand taxation and tax compliance; among them there has emerged the view that the Bureau of Internal Revenue’s (BIR) regulations and processes are far from ideal. So let’s examine the bold statement in the Bureau’s vision and mission -- “The Bureau of Internal Revenue is an institution of service excellence and integrity. We collect taxes through just enforcement of tax laws for nation building and the upliftment of the lives of Filipinos.” That guiding principle informs Revenue Memorandum Order (RMO) No. 6-2016, which was issued prescribing the strategic plan of the BIR for 2016 to 2020.
Many of the business owners will likely choose the traditional route by passing their businesses onto the next generation. For those hoping to preserve their legacy and maximize their business’s ROI, however, this isn’t the only option. While keeping it in the family may seem like the best gift you can give, in reality only 30 percent of businesses will survive the second generation. A more effective route would be to explore other succession options available to you—a process that will require a little soul-searching and a lot of planning.
Under the Asean Mutual Recognition Agreement (MRA) on Accountancy Services signed in November 2014, CPAs in the Philippines may be recognized as such in other countries in the region, namely: Brunei Darussalam, Indonesia, Malaysia, Singapore, Thailand, Vietnam, Lao PDR, Burma and Cambodia. Thus, a Filipino CPA may qualify to provide and render accountancy services beyond Philippine borders and across the Asean region.
We may therefore be allowed to wonder, how will the BIR conduct the transfer pricing audit? What is the advantage of having transfer pricing documentation? How will the transfer pricing documentation affect our tax treaty relief application (TTRA)?