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Tax Notes

Guidelines for conversion of corporations

The BIR issues Revenue Memorandum Circular 130-2020 wherein it prescribes the policies and guidelines in the conduct of online meetings/ conferences with taxpayers.

In the memorandum, the conduct of all online meetings/conferences with taxpayer/s and/or taxpayer/s’ representatives shall be hosted by the BIR. In sending invitations, revenue officials and employees shall only use the prescribed BIR email address (name.surname@bir.gov.ph). Personal email shall not be used for this purpose.

All meetings or conferences must be pre-approved in writing by the concerned division Chief (for National Office), regional director (for Regional Offices) and revenue district officer (for Revenue District Offices).

All revenue officials and employees initiating the conduct of meeting or conference must file a memorandum, request stating the following information:

a. Name of taxpayer and/or authorized taxpayer/s’ representative

b. Taxpayer Identification Number

c. Name of persons who will attend the online meeting/conference (for both the BIR and for the taxpayer stating therein their office positions):

d. Date and timing of the meeting

e. Agenda

f. Details of Assessment: eLOA No., Date, Taxable year covered (if applicable)

In order to be allowed to represent the taxpayer/s, all representative/s should have a duly notarized Special Power of Attorney from the taxpayer including those with BIR Certificate of Accreditation pursuant to related revenue regulation.

Meetings/conferences will only be conducted if taxpayer/s and/or taxpayer/s’ representatives have requested the virtual meeting schedule through the BIR eAppointment System and clicked “Agree” to BIR eAppointment User Agreement, or submitted a duly accomplished BIR Virtual Meeting Agreement for those BIR offices with no BIR eAppointment facility.

The proceedings shall be strictly confidential. To ensure that no untoward divulgence/disclosure may happen, recording of the meeting/conference in whatever form is strictly prohibited. Any unauthorized recording or disclosure shall be subject to appropriate criminal, civil and administrative liability.

In cases of power interruption and/or poor connectivity, the online meeting/conference may be rescheduled to a date and time agreed upon by both parties.

Source:

P&A Grant Thornton

Certified Public Accountants

 

As published in SunStar Cebu, dated 23 December 2020