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BIR Updates March 30 – April 1, 2023

March 27, 2023

GUIDELINES IN ISSUING ELECTRONIC LETTER OF AUTHORITY AND TAX VERIFICATION NOTICE, RMO No. 6-2023,  February 9, 2023

  • Transactions where audit is required as a condition to issue tax clearance, processing of claims for tax credit/refund and other cases as may be identified by the CIR as priority target for audit/investigation
    • To be covered by eLAs:
      • Claims for tax credit/refund of the following tax types:
        • Excise Tax; or
        • Income Tax (except income tax claims of job order personnel), including final and creditable income tax withheld
        • Request for tax clearance of taxpayers whose sales/receipts for immediately preceding year exceeds P3M or whose gross assets upon retirement exceeds P8M
        • Due to death of taxpayer; or
        • Taxpayers retirement from business; or
        • Taxpayers undergoing merger/consolidation/split-up/spin-off and other types of corporate reorganization
      • Cases returned to the Investigating Office (IO) where the original group supervisor/revenue officer who conducted the audit are no longer available due to transfer of work assignment or separation from service (e.g. retirement, resignation, AWOL, etc.)
      • For reinvestigation; or
      • For compliance of review findings which resulted to deficiency tax or additional deficiency tax
      • Cases referred by other IO due to taxpayer’s transfer of business registration, where taxpayer agreed to have the audit continued by the new IO, provided the covered period is not yet prescribing
      • One-Time Transactions (ONETT)
      • Cases which review findings resulted to a deficiency tax; or
      • Real property transactions with findings in the Electronic Certificate Authorizing Registration
      • Policy cases/industry issues under the directive of the Commissioner
    •  To be covered by TVN:
      • Persons requesting for tax clearance whose gross sales for the immediately preceding year is P1M but not exceeding P3M or whose total assets upon retirement is P3M but not exceeding P8M
      • Due to death of the taxpayer; or
      • Taxpayers retirement from business; or
      • Taxpayers undergoing merger/consolidation/split-up/spin-off and other types of corporate reorganization
      • Claims for VAT Refund;
      • Income Tax Refund of Job-Order personnel; and
      • Claims for refund/tax credit arising from erroneous payment of taxes, including double payment of taxes due to system error/glitch
  • Report of Investigation/verification of cases covered by eLAs/eMOAs/TVNs shall be submitted by the assigned RO within prescribed number of calendar days:

 

Case Classification Number of Days
Cases covered by eLAs other than replacement of eLA 180 days for Regional Cases

240 days for LT Cases

90 days for LTVAU, VATAS, and OAS

eMOAs/replacement eLA on protested cases for reinvestigation 90 days for regional cases and 120 days for LT cases from receipt of the eMOA/replacement eLA
eMOA/replacement of eLA on cases returned by the revising office 30 days from receipt of the eMOA/Replacement eLA

 

  • Replacement of eLA is required when:
    • Original RO cannot continue the audit/investigation for various reasons provided in the RMO as long as the period to assess has no tyet prescribed
      • Transfer of business registration but the transfer of audit will not be allowed if the case is with the assigned RO for more than 120 days or the case is a prescribing case
    • Audit reports have been returned by the reviewing office to the investigating office.
    • Request for reinvestigation of the taxpayer and the original RO is no longer with the IO at the time the case is referred for reinvestigation
  • No replacement of eLA will be issued:
    • If both the RO and GS are still assigned in the IO.
      • eMOA is sufficient document in referring back the case to them
      • If only RO is with the IO, original GS need not affix the signature in the revised audit report to the submitted by the original RO
    • RO has been promoted to GS
      • Audit report to be rendered in his capacity as the original RO, without the need the signature of the previous GS

 

ADDITIONAL SERVICES COVERED BY ONLINE REGISTRATION AND UPDATE SYSTEM (ORUS), RMC No. 36-2023, March 20, 2023

  • The BIR announces the availability of other registration-related online transactions, functions and features in the BIR Online Registration and Update System (ORUS)
  • Registration-related online transactions, functions and features of ORUS beginning March 17, 2023:
    • Online Payment (e-payment) of Annual Registration Fee (FR) for New Business Registrants
    • Online Inquiry of RF Payments for BIR Internal Users
    • Application for Cancellation of Permit to Use (PTU) Loose-Leaf and Acknowledgment Certificate (AC) of Computerized Accounting System (CAS)
    • Online Verification of Taxpayer Identification Number (TIN)
    • BIR Registered Business Search Facility

 

BIR RULINGS

  • The purchases of goods/articles under the construction/development of NHA’s Socialized Housing Program is exempt from project-related income tax, creditable withholding tax and value-added tax on its income received directly in connection with the mentioned project. However, the purchases of goods/articles of the said company shall be subject to VAT, even if the said purchases are to be used for social housing projects and must issue VAT exempt official receipts on its gross receipts from the said socialized housing project. (BIR Ruling Nos: Certificate of Tax Exemption No:NSH-331-2022, NSH-333-2022)
  • Sale of house and lot duly registered with the Department of Human Settlements and Urban Development (DHSUD) is exempt from income tax and creditable withholding tax on its income received directly in connection with the mentioned project. Moreover, sale of house and lot and other residential dwellings with selling price of not more than Php 3,199,200 is VAT exempted. (BIR Ruling Nos: Certificate of Tax Exemption No: PSH-332-2022)
  • A sale of parcel of land by private individuals in favor of homeowners association under a Community Mortgage Program (CMP), is not subject to capital gains tax pursuant to Section 32 (b) of Republic Act (RA) No. 7279, as amended by RA No. 10884.
    • The transaction is, however, subject to documentary stamp tax under Section 196 of the National Internal Revenue Code (Tax Code) of 1997, as amended.
    • Registry of Deeds shall transfer the title only if Certificate Authorizing Registration is used by the BIR.(BIR Ruling No: Certificate of Tax Exemption No: CMP-334-2022)
  • A Company engaged in telecommunications, is seeking confirmation on whether the loss in useful value is a deductible expense, for income tax purposes. As implemented by Section 98 of Revenue Regulations (RR) No. 2, provides that for a loss to be deductible, the following requisites must be met:
    • The loss must be of the taxpayer;
    • The loss must be actually sustained and charged off within the taxable year;
    • The loss must have been incurred in trade, business, or profession;
    • The loss must be evidenced by a closed and completed transaction; and
    • The loss must not have been compensated for by insurance or other forms of indemnity.
    • Given that such requisites are met, The Company’s loss in useful value of decommissioned data network platform, hardware, and technology equipment in 2017 and in the first two quarters of 2018, is, therefore, deemed as deductible expenses, for income tax purposes. (BIR Ruling No: OT-335-2022)

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Articles

BIR Updates March 30 – April 1, 2023

Tax Updates January 25-29, 2023

SEC Updates January 25-29 2023

SEC Updates December 5-11 2022

BIR LIFTS THE SUSPENSION OF THE CONDUCT OF ENFORCEMENT ACTIVITIES AND OPERATIONS COVERED BY OUTSTANDING MISSION ORDERS (MOS) AND REMOVAL OF THE PROHIBITION ON THE ISSUANCE OF NEW MOS AUTHORIZING SUCH ACTIVITIES AND OPERATIONS UNDER REVENUE MEMORANDUM CIRCULAR NO. 77-2022. (RMC No. 127-2022, September 7, 2022)

BIR TO LAUNCH ONLINE REGISTRATION AND UPDATE SYSTEM (ORUS); TAXPAYERS ARE ADVISED TO UPDATE RECORDS USING REGISTRATION UPDATE SHEET (RUS); OFFICIAL EMAIL ADDRESSES SHOULD BE PROVIDED, WHERE THE BIR SHALL SERVE ITS ORDERS, NOTICES, LETTER, AND OTHER PROCESS/COMMUNICATIONS. RMC No. 122-2022

COURT OF TAX APPEALS DECISIONS January 2022

COURT OF TAX APPEALS DECISIONS December 2021

BIR RULINGS (06/12/22)

CLARIFICATION ON THE INCOME TAX TREATMENT OF DIFFERENT CLASSIFICATIONS OF EDUCATIONAL INSTITUTIONS

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COURT OF TAX APPEALS DECISIONS January 2022

August 8, 2022

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July 25, 2022

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June 20, 2022

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COURT OF TAX APPEALS DECISIONS January 2022

August 8, 2022

COURT OF TAX APPEALS DECISIONS December 2021

July 25, 2022

COURT OF TAX APPEALS DECISIONS – November 2021

May 18, 2022

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SEC Updates January 25-29 2023

January 23, 2023

SEC Updates December 5-11 2022

December 19, 2022

GUIDELINES ON CORPORATE DISSOLUTION UNDER SECTIONS 134, 136 AND 138 OF THE REVISED CORPORATION CODE.

March 16, 2022

Bureau of Internal Revenue Articles

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BIR Updates May 15-28 2023

May 22, 2023

BIR Updates May 8-14 2023

May 22, 2023

BIR Updates February 13-16, 2023

February 16, 2023

Recent Articles

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BIR TO LAUNCH ONLINE REGISTRATION AND UPDATE SYSTEM (ORUS); TAXPAYERS ARE ADVISED TO UPDATE RECORDS USING REGISTRATION UPDATE SHEET (RUS); OFFICIAL EMAIL ADDRESSES SHOULD BE PROVIDED, WHERE THE BIR SHALL SERVE ITS ORDERS, NOTICES, LETTER, AND OTHER PROCESS/COMMUNICATIONS. RMC No. 122-2022

September 23, 2022

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FIELD AUDIT AND OTHER FIELD OPERATIONS ON ALL OUTSTANDING LETTERS OF AUTHORITY (LOA)/ AUDIT NOTICES AND LETTER NOTICES (LN) SHALL BE LIFTED PER INVESTIGATING OFFICE UPON APPROVAL OF THE COMMISSIONER OF INTERNAL REVENUE. (RMC No. 121-2022)

September 23, 2022

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COURT OF TAX APPEALS DECISIONS January 2022

August 8, 2022

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COURT OF TAX APPEALS DECISIONS December 2021

July 25, 2022

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BIR RULINGS

July 18, 2022

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