Be updated on our latest insights

We often hear the phrase: “Taxes are the lifeblood of the Government,” as the main reason why collecting them is essential. However, there are instances when this should give way to the taxpayer’s right to claim a tax refund or credit. One such instance is a claim for tax refund or tax credit on input Value-Added Tax (VAT) arising from VAT zero-rated export sales. A taxpayer claiming this type of tax credit or refund must present at least three types of documents.

When I started practicing in tax law, the rules in determining fair market value of shares of stocks were quite simple. We were instructed to rely on the book value of the shares of stock based on the latest audited financial statement of the company which issued the shares. There were certain adjustments, of course, but generally, the book value is quite reliable.

Now that the annual tax filing season is over, it is about time to revisit your tax planning strategy for the next year. This becomes more relevant since the deadline for the first quarter income tax return is fast approaching. Tax planning involves weighing various tax options to determine the most beneficial way to conduct a business. One should bear in mind that tax planning aims not only to save on taxes but also to reduce or eliminate tax exposures during tax examinations. These days, the Bureau of Internal Revenue (BIR) is very aggressive in its campaign to increase collections, and it is crucial to employ the right tax planning strategies.

With the conclusion of the 2016 Presidential elections yesterday, will Filipinos’ hopes for lower income taxes finally see light under the new administration? Despite the growing clamor of the public and endorsements of income tax cuts from both houses of the Congress and business groups, the current administration stood firm against these reforms.

In every relationship, the parties involved need to agree to achieve a harmonious relationship. The Bureau of Internal Revenue (BIR) and the taxpayer are no exception. An assessment has to be formally issued within three years from the due date or date filing of the tax return, whichever is later. In case the three-year period is not sufficient, the taxpayer and the BIR may agree in writing to extend the three-year period for assessment pursuant to Section 222 of the Tax Code. The taxpayer executes a Waiver of the Statute of Limitation which is accepted by the BIR.

It is barely two weeks to the May 9 elections. For months, we have been hearing many promises from the presidential candidates, and it cannot be denied that one of the things that might win over a voter is a candidate’s take on tax reform. To be sure, tax reform is one of many aspects of governance that a president needs to consider, apart from fighting crime and corruption, defending sovereign territory, and growing the economy, to name a few. But what makes many of these initiatives possible is a well-managed treasury, funded by the taxes we pay. Therefore presidential candidates really ought to speak more about what they plan to do with the tax system.

Taxpayers may have finally been given two rays of hope by the Court of Tax Appeals when it comes to the applicability of deficiency and delinquency interest in tax assessments. Taxpayers under assessment are often faced with two types of interest under the Tax Code. The first, deficiency interest, is imposed on any deficiency tax due from the date prescribed for its payment until the full payment thereof. The second, delinquency interest, is imposed on the deficiency tax, or any surcharge or interest thereon on the due date appearing in the notice and demand of the BIR. Interest rates for both are at 20%.

The countdown has started and taxpayers have barely 4 days before the last day for filing the final adjustment return otherwise known as the Annual Income Tax Return for the taxable year ended December 31, 2015. Specifically, corporate taxpayers are required to file a final adjustment return covering the taxable income for the preceding calendar year on or before the 15th day of April and, likewise, to pay the income tax due thereon at the time the declaration or return is filed in accordance with the provisions of Section 76 and 77 of the National Internal Revenue Code of 1997 (Tax Code), as amended.