Saturday January 20 , 2018
Business Mirror Articles

Business Mirror Articles

BDB Law's "Tax Law for Business" is a column which appears in the opinion section of Business Mirror every Thursday.

The articles highlight the most significant developments in Taxation as a result of amendments in the law and new issuances from the Bureau of Internal Revenue (BIR) and other administrative agencies. It also headlines recent pronouncements of the courts and quasi-judicial bodies involving tax and corporate matters.

Documents

RMC and the other addressee: The taxpayer RMC and the other addressee: The taxpayer

A discussion on the revenue memorandum circulars, or RMCs, serve important functions in the orderly administration of the Tax Code.

BIR’s violation of the Rehabilitation Court’s Commencement Order BIR’s violation of the Rehabilitation Court’s Commencement Order

A discussion relying on the instances where a corporation, during its lifetime, experiences financial difficulties.

Tax privileges of PWDs Tax privileges of PWDs

A discussion on the Revenue Regulations (RR) 5-2017 was recently issued to provide guidelines in the implementation of the tax privileges and incentives provided under Republic 10754.

Taxable status of ADB Filipino employees Taxable status of ADB Filipino employees

A discussion relying on the tax-exemption provisions of the Asian Development Bank (ADB) Charter Agreement and the ADB Headquarters Agreement

Evolution of taxpayer’s rights and remedies Evolution of taxpayer’s rights and remedies

A discussion that the power to tax is so powerful that if abused, it can destroy enterprises and even lives.

Tax treaty relief application Tax treaty relief application

A discussion on the recent issuance of Revenue Memorandum Circular (RMC) 8-2017 dispensing with the requirement for filing a tax treaty relief application (TTRA).

Assessment based only on Letter Notice is void Assessment based only on Letter Notice is void

A discussion due to technological advances, taxpayers can actually find themselves under the scrutiny by the Bureau of Internal Revenue (BIR).

Defects in waivers: The general rule and exception Defects in waivers: The general rule and exception

A dicussion on the waivers of the defense of prescription in tax cases has been consistently characterized by jurisprudence as a derogation of a taxpayer’s right.

Tax credits against deficiency tax assessment Tax credits against deficiency tax assessment

A discussion on the self-assessment system of paying taxes, where taxpayers determine their respective tax liabilities and pay them to the tax authorities.

Tax refund on rescinded contracts Tax refund on rescinded contracts

A discussion on the rescission has been defined in law as the unmaking of a contract

Liability for failure to withhold EWT by the government Liability for failure to withhold EWT by the government

Discussion The Philippine Constitution provides that public office is a public trust.

Determining fraud and intracorporate disputes Determining fraud and intracorporate disputes

A discussion on the recalling that under Presidential Decree 902-A, any cause of action that involves controversies arising out of intra-corporate relations

Compromising tax liabilities Compromising tax liabilities

A discussion on the tax compromise as an agreement whereby the taxpayer offers to pay something less than what is due and the government accepts it as a full settlement of his tax liability.

Creating the National Revenue Authority Creating the National Revenue Authority

A discussion on the proposed tax-reform bill being pursued in the 17th Congress is House Bill (HB) 695, which seeks to create a new internal-revenue agency

The net worth method The net worth method

A discussion on the previous article in this column, we discussed the usual practice by revenue examiners of comparing the information reported by taxpayers in their books/tax returns with other reports of the same taxpayer or with information from third parties.

Invalidating RR 10-2008 Invalidating RR 10-2008

A discussion regarding the January 24 the Supreme Court (SC) nullified Sections 1 and 3 of Revenue Regulations (RR) 10-2008, the implementing regulations of Republic Act (RA) 9504.

Six-percent interest on deficiency tax Six-percent interest on deficiency tax

A discussion on the imposition of interest on unpaid taxes is but a just compensation to the State for the delay in payment of taxes and for the concomitant use by the taxpayer of funds that rightfully should be in the government’s hands.

Balancing the presumption of regularity with the right to be informed Balancing the presumption of regularity with the right to be informed

A discussion on the section 228 of the National Internal Revenue Code (NIRC) of 1997 codifies an integral right of the taxpayer to due process.

Taxing oil in economic zones is illegal Taxing oil in economic zones is illegal

A discussion on the smuggling of petroleum products has been rampant in the last couple of years.

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