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We have come to a time when we are no longer afraid of change. We welcome change, believing that such will be a catalyst for improvement. We are all very excited by blow-by-blow developments. We have seen it slowly happening within the ranks of the Bureau of Internal Revenue (BIR) vis-à-vis the proposed amendments of the Tax Code.

There is a clamor to amend the rules in order to make tax rates more equitable. We have high hopes that the administration will see through the amendments to the Tax Code. It is important to note, however, that while the Tax Code amendments are hammered out, taxpayers have another opportunity to lower their annual income tax due, through the Personal Equity and Retirement Account (PERA) Act of 2008 (R.A.9505).

With appointment of the new Bureau of Internal Revenue (BIR) Commissioner, Atty. Cesar R. Dulay, everyone is expecting significant changes to happen in the BIR. Atty. Dulay is joining an organization cited by President Duterte as one of the most corrupt government agencies. Certainly, changing such an organization will be one gargantuan task. Stakeholders like the local and foreign business organizations, tax practitioners, individual taxpayers, and foreign investors are eagerly observing the changes that are being introduced. It is worthwhile to examine the BIR issuances released by the new Commissioner for the first two weeks after he assumed his post last July 1. These issuances give the stakeholders and observers a clear insight of the changes what we will expect and the priorities of this new administration

Discretion is a power which makes someone powerful even more powerful. Administrative bodies like the Bureau of Internal Revenue (BIR) and the Bureau of Customs, were given discretionary powers in order to carry out their tasks to implement laws. The grant of discretion recognizes that the agency has the knowledge, experience and specialization on a particular field to make judgments. Discretionary powers facilitate efficient implementation, upholds the law, curbs the evils the laws seek to avoid and achieves the higher interest of the State, its citizens and those who sojourn its territory, equity. However, discretion is double-edged in that it impacts negatively when it is abused, performed in manifest partiality and favored one’s own interest.

When the new Bureau of Internal Revenue (BIR) Commissioner, lawyer Cesar Dulay, formally assumed office on July 1, it appeared to many that he intended to make an impression. Wasting no time, the Commissioner took many by surprise with three new issuances.

With few days before BIR Commissioner Kim Henares steps down, one can expect the surge of last-minute revenue circulars, orders and issuances from the Bureau of Internal Revenue (BIR). Just recently, two revenue orders were issued laying down the guidelines and procedures in the conduct of investigation on the financial capacity of parties to acquire properties.

Most, if not all, individuals and corporate entities alike, have had some experience buying, selling, exchanging, transferring, inheriting or donating real and/or personal property/ies. We are well aware that such transfers of properties are subject to applicable income/capital gains taxes (based either on the selling price or fair market value of the properties transferred or gain realized on the transfer) as well as documentary stamp tax (DST) in the case of transfers of real properties and shares of stock not traded in the stock exchange. In the case of transfers of real or personal properties that are held for sale or lease or are used in the business, the same are also subject to value-added tax (VAT). In addition to these national taxes, the sale or exchange of real properties is subject to applicable transfer taxes payable to the concerned local government unit.

The Electronic Filing and Payment System (eFPS) was developed to provide taxpayers with “top quality and convenient service through a much faster processing and immediate confirmation of filing of tax returns and payment of taxes due thereon.” The system allows the taxpayers to directly encode, submit their tax returns and pay their taxes online. Considering the convenience made by the eFPS, filing and payment can be done anytime and anywhere where Internet is accessible. In spite of such accessibility, taxpayers fall prey to the trifles of the due dates for filing and payment in case these falls on a holiday or on a weekend.