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Audit approach overview
Our audit approach will allow our client's accounting personnel to make the maximum contribution to the audit effort without compromising their ongoing responsibilities
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Annual and short period audit
At P&A Grant Thornton, we provide annual and short period financial statement audit services that go beyond the normal expectations of our clients. We believe strongly that our best work comes from combining outstanding technical expertise, knowledge and ability with exceptional client-focused service. A team-based approach defined by dedication to partner involvement in all engagements—that’s our service commitment locally and globally. An organization’s financial statements are a reference of choice for a variety of users who are required to make decisions. Whether it is a financial institution, a government agency, creditors, shareholders, or potential buyers, every one of your partners requires financial information that accurately reflects the soundness of your organization.
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Review engagement
A review involves limited investigation with a narrower scope than an audit, and is undertaken for the purpose of providing limited assurance that the management’s representations are in accordance with identified financial reporting standards. Our professionals recognize that in order to conduct a quality financial statement review, it is important to look beyond the accounting entries to the underlying activities and operations that give rise to them.
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Other Related Services
We make it a point to keep our clients abreast of the developments and updates relating to the growing complexities in the accounting world. We offer seminars and trainings on audit- and tax-related matters, such as updates on Accounting Standards, new pronouncements and Bureau of Internal Revenue (BIR) issuances, as well as other developments that affect our clients’ businesses. Participants are entitled to credited units for Continuing Professional Education (CPE), which are required by the Board of Accountancy. CPE is indicative of an individual’s genuine concern for his or her continued growth as a professional. Our team can help in achieving that.
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Tax advisory
Assistance during tax audit/contesting an assessment We assist clients in handling audits by the Bureau of Internal Revenue (BIR), Bureau of Customs (BOC) and local government units (LGUs) in a systematic and efficient manner. We help evaluate the validity of assessments, determine the appropriate documents and analyses to be submitted, prepare protests, and represent clients in meetings and discussions with government agencies. With our knowledge of tax laws and audit procedures, we help safeguard the substantive and procedural rights of taxpayers and prevent unwarranted assessments. Tax opinion and studies We conduct tax studies and provide advice to clients on the tax implications of specific transactions based on relevant laws, regulations, court decisions, rulings, and other relevant issuances. We likewise provide recommendations to address or mitigate tax issues arising from said transactions. Application for tax refund/credit We help clients recover taxes that have been erroneously or excessively paid or withheld through applications for refund or tax credit certificates (TCCs). Applications for refunds or TCCs are recommended for companies that have excess income taxes paid or unutilized creditable withholding taxes as reflected in the final income tax return (ITR), excess unutilized VAT input taxes arising from zero-rated transactions or change in VAT status, unutilized advanced VAT, excise taxes paid on petroleum products sold to tax-exempt entities and international carriers, other national or local taxes erroneously or excessively paid, or penalties imposed without authority.
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Tax compliance
Tax review We evaluate clients’ overall level of compliance with existing laws and regulations; caution them on procedures and practices that expose them to potential tax liabilities; quantify tax exposures, risks and penalties; and advise them on proper course of action and alternative tax-efficient policies and procedures. Tax due diligence review is particularly recommended for companies that are contemplating expansion, mergers and consolidation, acquisitions, change in ownership, or public listing. Expatriate tax services We ensure the proper and efficient compliance of expatriates with their Philippine income tax obligations. Our services include registration and application for Taxpayer Identification Number (TIN), preparation and filing of annual Philippine income tax return, and payment of tax due in the proper venue and within the allowed period. As a value-added service, we respond to Correspondence Audits/Inquiries by the BIR regarding information declared in the tax return. If desired by clients, we also conduct arrival or departure briefings and interviews to apprise the expatriate of his Philippine tax liabilities. Upon a company’s request, we can compute, on an annualized basis, the total withholding tax due from its expatriate during the taxable year and prepare tax equalization and reimbursement calculations in accordance with company policies.
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Corporate services
Assistance for incentives availment We help clients evaluate their qualification for incentives under the Board of Investments, the Philippine Economic Zone Authority, the Subic Bay Metropolitan Authority or other special laws. If clients are qualified, we assist them in applying with the concerned government agency for such incentives. Our assistance covers filing of the application and supporting documents, monitoring the progress of the application, meeting/discussion issues, if any, with regulatory authorities, and securing the approval for such incentives. At the clients’ request, we may also assist in ascertaining their compliance with regulatory requirements (to ensure the continued entitlement to incentives), or in justifying the entitlement to such incentives in the event of a challenge by the BIR or other regulatory agencies. Corporate organization and registration For clients that want to do business in the Philippines, we assist in determining the appropriate and tax-efficient operating business or investment vehicle and structure to address the objectives of the investor, as well as related incorporation issues. We help set up the business and register it with concerned government regulatory agencies, such as the Securities and Exchange Commission, the Bureau of Internal Revenue, the Local Government Unit, the Social Security System and the Bangko Sentral ng Pilipinas. We also assist in notifying and/or securing necessary approvals from government regulatory agencies when there are changes in business activities, business status, or tax-type registration.
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Tax education and advocacy
Tax advocacy We actively participate in consultation and public hearings conducted by the Bureau of Internal Revenue on proposed tax rules and regulations, serving as a bridge between our clients and the BIR. Our advocacy work focuses on clarifying the interpretation of laws and regulations, suggesting measures to increasingly ease tax compliance, and protecting taxpayer’s rights. Tax seminars and training We offer seminars and training on tax-related developments and special issues of interest to taxpayers. Upon request, we provide customized in-house tax training – designed jointly by P&A and the client – that directly addresses the specific issues of the client’s industry and the training needs of its personnel.
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Business risk services
Our business risk services cover a wide range of solutions that assist you in identifying, addressing and monitoring risks in your business. Such solutions include external quality assessments of your Internal Audit activities' conformance with standards as well as evaluating its readiness for such an external assessment. We can also take over your IA function altogether or work alongside you to create more value for your organization. On a higher level, our Enterprise Risk Management methodology can help your organization identify vital strategies and action plans that address key business risks, thereby enabling you to achieve your overall objective of value creation for stakeholders.
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Business consulting services
Our business consulting services are aimed at addressing concerns in your operations, processes and systems. Using our extensive knowledge of various industries, we can take a close look at your business processes as we create solutions that can help you mitigate risks to meet your objectives, promote efficiencies, and beef up controls. This can include analyzing your information technology (IT) applications and infrastructure in order to improve IT governance and strategy, strengthen security, and/or assess business risks and controls related to the use of IT.
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Transaction services
Transaction advisory includes all of our services specifically directed at assisting in investment, mergers and acquisitions, and financing transactions between and among businesses, lenders and governments. Such services include, among others, due diligence reviews, project feasibility studies, financial modelling, model audits and valuation. We are one of the few companies accredited by the Philippine Stock Exchange for the conduct of valuation and issuance of fairness opinions. Our consortium with another Grant Thornton office and a Philippine law office is also one of the fourteen (14) members of the panel of transaction advisers of the Public-Private Partnership Center of the Philippines.
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Forensic advisory
Our forensic advisory services include assessing your vulnerability to fraud and identifying fraud risk factors, and recommending practical solutions to eliminate the gaps. We also provide investigative services to detect and quantify fraud and corruption and to trace assets and data that may have been lost in a fraud event.
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Cyber advisory
Our focus is to help you identify and manage the cyber risks you might be facing within your organization. Our team can provide detailed, actionable insight that incorporates industry best practices and standards to strengthen your cybersecurity position and help you make informed decisions.
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ProActive Hotline
Providing support in preventing and detecting fraud by creating a safe and secure whistleblowing system to promote integrity and honesty in the organisation.
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Accounting services
Accounting services Many multinational companies are setting up their accounting offices in the Philippines. These businesses realize that accounting functions can be standardized across companies around the world and handled by an office halfway across the globe for a fraction of the amount needed to maintain an in-house accounting division. At P&A Grant Thornton, we handle accounting services for several companies from a wide range of industries. Our approach is highly flexible. You may opt to outsource all your accounting functions, or pass on to us choice activities, such as
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Staff augmentation services
Staff Augmentation Services It is a familiar enough scenario: A company suddenly has an urgent need for personnel on a short term, project basis to do accounting or accounting-related work. Considering the short-term nature of the work, it becomes very difficult to find interested candidates. Moreover, companies do not need just anybody, but people with sufficient technical accounting skills. P&A Grant Thornton has a pool of skilled accounting specialists who can fill the gap for companies in such situations. We offer Staff Augmentation services where our staff, under the direction and supervision of the company’s officers, perform accounting and accounting-related work. We have a long list of clients that have benefited from our assistance with the following activities: · Migration from one accounting system to another accounting system · Bank reconciliation for several bank accounts that have not been reconciled for years · Data cleansing, such as reconciliation of balances in subsidiary ledgers of receivables and payables with the general ledger balances · Physical counts of inventories and reconciling the results of the physical count with the accounting records · Count of property and equipment; tagging and reconciliation of the count with the accounting records; and properly setting up the property ledgers · Preparation of schedules and documentary supports and requirements during audits by internal and external parties, including government agencies · Preparation of statements of accounts for certain customers · Acting as accounting personnel while regular accounting staff are on leave This is just a sampling of the services we offer, and we can provide more short-term accounting services on short notice. We can adjust the schedules of our people to fit your work hours and we guarantee high-quality service: Our team is made up of technically competent and properly trained people who are prepared to handle your needs.
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Payroll Processing
More and more companies are beginning to realize the benefits of outsourcing their noncore activities, and the first to be outsourced is usually the payroll function. Payroll is easy to carve out from the rest of the business since it is usually independent of the other activities or functions within the Accounting Department. Payroll processing may look simple, but the process can get complicated, especially as a business expands its manpower. A payroll accountant has to make sure that correct taxes as well as loans of their employees are properly deducted, update the tax status of employees (single, married, no. of dependents, etc.) on a regular basis; monitor work activities during the payroll period (overtimes, sick leaves, vacation leaves, etc.); know which income accounts are taxable or not (de minimis, bonuses within the P82,000 limit, etc.); know the rules and regulations and the latest updates of relevant government agencies (BIR, SSS, Pag-IBIG, PhilHealth, etc.); and ensure that payroll processing and payouts are done on time to avoid employee complaints or dissatisfaction. In addition, the payroll accountant has to ensure that contributions to various government agencies are properly posted to the accounts of the employees. In some companies, payroll processing consumes a significant part of management time: The highest finance or HR officer in the company oftentimes handles management or executive payroll. If payroll is outsourced, the executive officer has better use of his or her time than reviewing or processing the payroll. Moreover, there is the issue of confidentiality – some employees may inadvertently gain access to confidential payroll information when data are lying around during the payroll processing period. Another issue that business owners must watch out for with regard to payroll is fraud. Since the processing of payroll is handled by just one or two trusted persons, oversight may be lax and review may not always be conducted thoroughly, thus fraud happens. P&A Grant Thornton can handle your payroll processing needs so that your management team can focus on your core competencies, enabling you to concentrate on what’s really important to your business . Our team of well-experienced and properly trained professionals can handle your payroll requirements whether you have 10 or 10,000 personnel. In addition to the computation of employees’ pay, P&A Grant Thornton can also provide the following functions under our payroll processing services: Maintain bank accounts exclusively for payroll and payroll-related disbursements Prepare schedules of statutory and internal contributions and obligations File and pay statutory contributions and obligations, manually or electronically Annualize employees’ income tax Provide secure online payslips through our ePayroll facility Handle administration of benefits that needs coordination with government agencies
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Our values
Grant Thornton prides itself on being a values-driven organisation and we have more than 38,500 people in over 130 countries who are passionately committed to these values.
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Global culture
Our people tell us that our global culture is one of the biggest attractions of a career with Grant Thornton.
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Learning & development
At Grant Thornton we believe learning and development opportunities allow you to perform at your best every day. And when you are at your best, we are the best at serving our clients
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Global talent mobility
One of the biggest attractions of a career with Grant Thornton is the opportunity to work on cross-border projects all over the world.
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Diversity
Diversity helps us meet the demands of a changing world. We value the fact that our people come from all walks of life and that this diversity of experience and perspective makes our organisation stronger as a result.
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In the community
Many Grant Thornton member firms provide a range of inspirational and generous services to the communities they serve.
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Fresh Graduates
Fresh Graduates
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Students
Whether you are starting your career as a graduate or school leaver, P&A Grant Thornton can give you a flying start. We are ambitious. Take the fact that we’re the world’s fastest-growing global accountancy organisation. For our people, that means access to a global organisation and the chance to collaborate with more than 40,000 colleagues around the world. And potentially work in different countries and experience other cultures.
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Experienced hires
P&A Grant Thornton offers something you can't find anywhere else. This is the opportunity to develop your ideas and thinking while having your efforts recognised from day one. We value the skills and knowledge you bring to Grant Thornton as an experienced professional and look forward to supporting you as you grow you career with our organisation.
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.
Taxes are the lifeblood of the government and must be collected without hindrance. Taxes are the government’s primary means of generating the necessary funds needed to support the operations of government agencies, discharge its functions for the welfare of its constituents, and fulfill its mandate of promoting the general welfare and well-being of the people. Nevertheless. the Supreme Court (SC) held that, in the case of Kepco Philippines Corp. v. Commissioner of Internal Revenue (CIR), G.R. Nos. 225750-51, while taxes are the lifeblood of the government, the power of taxation should be exercised with caution to minimize the proprietary rights of a taxpayer. It must be exercised fairly, equally, and uniformly, lest the tax collector kills the hen that lays the golden egg. To maintain the general public's trust and confidence in the Government, this power must be used justly and not treacherously.
The National Internal Revenue Code (NIRC), as amended, provides protection to taxpayers against tax audit of the BIR. Among the rules that protect the taxpayers are the Statute of Limitations, which refers to the limitation on the period during which the BIR can assess and collect taxes. The prescriptive period in making an assessment depends upon (a) whether a tax return was filed, (b) whether the tax return filed was either false or fraudulent, or (c) whether a waiver of the statute of limitations was executed.
GENERAL RULE ON THE PRESCRIPTIVE PERIOD OF ASSESSMENT
As a rule, Section 203 of the NIRC provides that an assessment of internal revenue tax under ordinary circumstances must be made within three (3) years counted from the period fixed by law for the filing of the tax return or the actual date of filing, whichever is later.
Thus, the three-year period shall start to run differently for different tax types. For example, an annual income tax return for a taxpayer under calendar year filed on April 15 will trigger the running of the prescriptive period on this day. However, for a quarterly VAT return filed on April 25, the period shall be counted from said date.
Similarly, the Court of Tax Appeals (CTA), En Banc, held in the case of CIR v. Carmona, C.T.A. EB Case No. 1324, that the Final Assessment Notice issued only on July 25, 2011 and received by the taxpayer on August 11, 2011, for all the pertinent quarters for the year 2007 was invalid. The CTA counted the three years from the various dates that the quarterly VAT Returns and the Income Tax Returns were filed. The BIR had only until January 31, 2011 and April 15, 2011, at the latest, within which to issue the FAN against the taxpayer for deficiency VAT and Income Tax, respectively. As such, BIR's right to assess the taxpayer within the three-year prescriptive period had been prescribed.
Consequently, taxpayers should check the prescriptive period for each tax type as some may prescribe earlier than others.
EXCEPTIONS
The exceptions to the 3-year prescriptive period of assessment are (1) in case of extraordinary circumstance and (2) the execution of a waiver of the statute of limitations.
I. EXTRAORDINARY CIRCUMSTANCE
The first exception is found in Section 222 (a) of the NIRC which explains that BIR may assess the tax within a period of ten (10) years from the discovery of a false or fraudulent return with the intent to evade tax or failure to file a return. This basically makes these circumstances imprescriptible, as the ten-year period starts from discovery. Hence, there may be assessments that can be made decades after the taxable years because of fraud or a failure to file a return.
However, it is important to note that the BIR cannot simply avail this period without including the basis for its allegations of falsity, fraud, and omissions committed by the taxpayer in the assessment notice.
The SC enunciated in the case of CIR v. Fitness by Design, Inc., G.R. No. 215957, that to avail of the extraordinary period of assessment in Section 222 (a) of the NIRC, the Commissioner of Internal Revenue has the burden of proving that the facts exist to evidence fraud. In this case the assessment for taxable year 1995 was issued only in 2004. However, the Supreme Court did not apply the ten-year period for the failure of the Commissioner to prove that the taxpayer deliberately failed to reflect its true income in 1995.
Nonetheless, the SC elucidated in the case of CIR v. Estate of Toda, Jr., G.R. No. 147188, that "fraud” in its general sense, is deemed to comprise anything calculated to deceive, including all acts, omissions, and concealment involving a breach of legal or equitable duty, trust. or confidence justly reposed, resulting in the damage of another, or by which an undue and unconscionable advantage is taken of another. In this case, the SC applied the 10-year prescriptive period. The BIR was able to prove that the sale of the property first to Altonaga then to Royal Match Inc., was merely a tax ploy, a sham, and without business purpose and economic substance. Doubtless, the two sales were executed to mislead the BIR with the end in view of reducing the consequent income tax liability and without any business purpose. In effect, the said transactions resulted more in the mitigation of tax liabilities than for legitimate business purposes which constitutes tax evasion.
II. WAIVER OF STATUTE OF LIMITATIONS
The second exception is provided under Section 222 (b) of the NIRC which allows the execution of the waiver of the defense of prescription. The waiver is a bilateral agreement between a taxpayer and the BIR to extend the period of assessment to a certain date beyond the 3-year period. There is no limitation as to the length of the extension as long as it is agreed upon by the taxpayer and the BIR. In addition, the extended period may be further extended by the execution of another before the expiration of the original or the first extension. Hence, it is not uncommon to expect the BIR to request a new waiver before the current waiver expires.
In case the BIR requests for a waiver, the taxpayer should always assess whether a waiver is advantageous to him or if it will just unnecessarily lengthen the assessment process. Factors to consider may be the needed time to produce the additional documents requested by the BIR, if any, or additional time needed to discuss and controvert the remaining findings of the BIR.
Nevertheless, the waiver of the statute of limitations is not a waiver of the right to invoke the defense of prescription. In the case of Universal Weavers Corp. v. Commissioner of Internal Revenue, G.R. No. 233990, the SC ruled that a waiver of the statute of limitations under the NIRC, to a certain extent, is a derogation of the taxpayers' right to security against prolonged and unscrupulous investigations conducted by revenue officers. Make no mistake, it is not a renunciation of the right to invoke the defense of prescription. The SC further ruled that it is, therefore, imperative that the waiver is carefully and strictly construed and duly compliant with the present guidelines and procedural requirements prescribed by the BIR to serve its purpose of affording protection to the taxpayer.
In summary, the purpose of the statute of limitations on the assessment is to safeguard the interest of the taxpayer from unreasonable examination, investigation, or assessment. Accordingly, the government must assess internal revenue taxes on time to prevent extending indefinitely the period of assessment. Taxpayers must be given the assurance that they will no longer be subjected to further investigation for taxes after the expiration of the reasonable periods set by law. Thus, when the assessment is issued beyond the prescriptive period, the government's right to collect deficiency taxes also prescribes. Simply put, the failure of the BIR to comply with the aforesaid prescriptive periods ends its power to assess and starts the taxpayers’ right to invoke prescription.
Let's Talk Tax is a weekly newspaper column of P&A Grant Thornton that aims to keep the public informed of various developments in taxation. This article is not intended to be a substitute for competent professional advice.
As published in BusinessWorld, dated 11 April 2023