new april 2013: tax bulletin · 2017. 5. 19. · 5 bir rulings bir ruling no. 086-13 dated march...
TRANSCRIPT
1
Tax bulletin April 2013
2 Tax Bulletin
HighlightsBIR Rulings
(Page 5)
(Page 5)
(Page 6)
(Page 6)
(Page 7)
(Page 8)
BIR Issuances
(Page 8)
(Page 10)
3
(Page 11)
(Page 14)
(Page 15)
(Page 22)
(Page 23)
(Page 24)
(Page 24)
Subpoenaes Duces Tecum (Page 25)
(Page 29)
BOC Issuance
(Page 29)
BOI Issuance
(Page 30)
4 Tax Bulletin
SEC Issuance
(Page 31)
BSP Issuances
(Page 31)
(Page 32)
(Page 32)
(Page 34)
Court Decisions
(Page 35)
(Page 38)
(Page 40)
5
BIR Rulings
BIR Ruling No. 086-13 dated March 05, 2013
Facts:
Issues:
Rulings:
BIR Ruling No. 087-2013 dated March 5, 2013
Facts:
Issue:
Ruling:
6 Tax Bulletin
BIR Ruling No. 094-2013 dated March 18, 2013
Facts:
Issue:
Ruling:
BIR Ruling No. 097-2013 dated March 20, 2013
Facts:
Issues:
7
Rulings:
BIR Ruling No. 111-13 dated March 22, 2013
Facts:
Issues:
Rulings:
8 Tax Bulletin
BIR Ruling No. 114-13 dated March 22, 2013
Facts:
Issue:
Ruling:
BIR Issuances
Revenue Regulations No. 5-2013 dated March 21, 2013
9
10 Tax Bulletin
[Editor’s Note: RR No. 5-2013 was published in the on April 24, 2013.]
Revenue Regulations No. 6-2013 dated April 11, 2013
11
Book value per
AFS
MV per tax declaration
Zonal valuation
Independent appraiser
Highest of the three
Adjustment
[Editor’s Note: RR No. 6-2013 was published in the on April 24, 2013]
Revenue Regulations No. 7-2013 dated April 29, 2013
[*Editor’s Note: See page 15 for RMC No. 31-2013.]
12 Tax Bulletin
Mandatory Requirement
May 10, 2013
Scope of Abatement
May 15, 2013
May 15, 2013
May 15, 2013
13
Procedures
14 Tax Bulletin
May 31, 2013
Technical Working Committee
[Editor’s Note: RR No. 7-2013 was published in both the and on May 1, 2013.]
Revenue Memorandum Circular No. 30-2013 dated April 1, 2013
15
�
Revenue Memorandum Circular No. 31-2013 dated April 12, 2013
Tax Treatment of Compensation Income
� Those employed by foreign embassies/diplomatic missions
Those employed by aid agencies of foreign governments
Japan International Cooperation Agency (JICA)
Deutsche Gessellschaft für Internationale Zusammenarbeit (GIZ)
16 Tax Bulletin
Australian Agency for International Development (AUSAID)
Canadian International Development Agency (CIDA)
Advisory Committee on Voluntary Foreign Aid (USA)
Cooperative for American Relief Everywhere (CARE)
Foster Parents Plan International, Inc (FPPI or PLAN)
Aid agencies and other organizations exempt under Philippine laws
Ford Foundation, Rockefeller Foundation, Agricultural Development Council, Inc. and Asia Foundation
17
International Institute of Rural Reconstruction (IIRR)
Catholic Relief Services – NCWC and Tools for Freedom Foundation
Those employed by the United Nations (UN) and its specialized agencies
UN
Specialized Agencies of the UN
18 Tax Bulletin
FAO
IMF
WHO
United Nations International Children’s Emergency Fund (UNICEF)
United Nations Development Programme (UNDP)
United Nations Population Fund (UNFPA)
19
International Committee of the Red Cross (ICRC)
International Finance Corporation (IFC)
Those employed by organizations covered by separate international agreements
Asian Development Bank (ADB)
ASEAN Centre for Biodiversity (ACB)
International Rice Research Institute (IRRI)
Southeast Asian Regional Center for Graduate Study and Research in Agriculture (SEARCA)
Southeast Asian Ministers for Education Organization (SEAMEO)
20 Tax Bulletin
Southeast Asian Fisheries Development Center Aquaculture Department (SEAFDEC)
International Organization for Migration (IOM)
International Seabed Authority (ISBA)
Partnerships in Environmental Management for the Seas of East Asia (PEMSEA)
Press Foundation of Asia, Inc, (PFA)
International Development Law Institute (IDLI)
World Organization of Scout Movement (WOSM)
21
International Center for Living Aquatic Resources Management (ICLARM)
Colombo Plan Staff College (CPSC)
Employees of other aid agencies of international organizations
Filing of Income Tax Returns and Declaration of Compensation Income
Consequences of Non-Filing and/or Non-Payment of Tax Returns by Covered Individuals
22 Tax Bulletin
Revenue Memorandum Circular No. 33-2013 dated April 17, 2013
Income Tax
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23
Franchise Tax
Revenue Memorandum Circular No. 34-2013 dated April 22, 2013
24 Tax Bulletin
Responsibilities of the RDO and Document Processing Division (DPD)
Revenue Memorandum Circular No. 35-2013 dated April 25, 2013
[Editor’s Note: RMC No. 35-2013 is unpublished as of May 9, 2013.]
Revenue Memorandum Order No. 7-2013 dated March 12, 2013
25
�
Revenue Memorandum Order No. 10-2013 dated April 17, 2013
Subpoena Duces Tecum
Bangko Sentral ng Pilipinas
Subpoenaes Duces Tecum
26 Tax Bulletin
27
�
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known address
28 Tax Bulletin
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29
Revenue Memorandum Order No. 11-2013 dated April 22, 2013
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BOC Issuance
Customs Administrative Order No. 1-2013 dated April 11, 2013
I. Basic Storage RateA. General cargo
B. Special cargo
30 Tax Bulletin
II. Service Charge From To
III. Ancillary Charges A. Backdoor release
B. Deconsolidation fee
C. Returned shipment fee
[Editor’s Note: CAO No. 1-2013 was published in the on April 25, 2013.]
BOI Issuance
BOI Regulation No. 2013-001 dated March 05, 2013
31
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SEC Issuance
SEC Memorandum Circular No. 6 dated April 23, 2013.
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second
BSP Issuances
BSP Circular No. 791 dated April 3, 2013
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[Editor’s Note: Circular No. 791 was published in the on April 9, 2013.]
32 Tax Bulletin
BSP Circular No. 793 dated April 8, 2013
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[Editor’s Note: Circular No. 793 was published in on April 15, 2013.]
BSP Circular No. 794 dated April 18, 2013
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33
�
[Editor’s Note: Circular No. 794 was published in on April 23, 2013.]
34 Tax Bulletin
BSP Circular No. 795 dated April 18, 2013
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Payment Due Dates Deadline for Filing
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35
�
Reports Deadline
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[Editor’s Note: Circular No. 795 was published in the on April 22, 2013.]
Court Decisions
Mindanao II Geothermal Partnership vs. Commissioner of Internal Revenue (G.R. No. 193301), and Mindanao I Geothermal Partnership vs. CIR (G.R. No. 194637)
Facts:
CIR vs. Aichi Forging Company of Asia, Inc.
Issues:
36 Tax Bulletin
Rulings:
period:
period:
Aichi Forging
However, BIR Ruling No. DA-489-03 dated December 10, 2003
Aichi Forging
Aichi Forging
37
periods:
Aichi Forging
38 Tax Bulletin
Goodyear Philippines, Inc. vs. Commissioner of Internal Revenue
Facts:
Issues:
Rulings:
006-08, the Consolidated Regulations Prescribing the Rules on the Taxation of Sale, Barter, Exchange or Other Disposition of Shares of Stock Held as Capital Assets.
39
per se
40 Tax Bulletin
I-Remit, Inc. vs. Commissioner of Internal Revenue
Facts:
Issue:
41
Ruling:
every through initial public offering”
42 Tax Bulletin
SyCip Gorres Velayo & Co.
www.sgv.ph