Creditable Withholding Tax Certificate in the Philippines

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By: Tax and Accounting Center Philippines Under Section 2.58(B) of Revenue Regulations No. 2-1998, as amended (RR 2-98), every payor required to deduct and withhold taxes under the regulations shall furnish each payee with a withholding tax statement using BIR Form No. 2307 showing the income payments made and the amount of taxes withheld therefrom, for every month of the quarter. Let us share some features on the creditable withholding tax (CWT) in the Philippines covered by BIR Form No. 2307: CWTs or BIR Form 2307 is an obligation of agent Issuing a creditable withholding tax certificate or BIR Form No. 2307 is an obligation of the payor – withholding tax agent to the payee. In RMC 85-2011, this obligation of withholding tax agent is reiterated. For its failure, the regulations provide that the BIR could conduct a mandatory audit of its tax liabilities. CWTs or BIR Form 2307 are

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Tax Exempt Employee Separation Fees in the Philippines

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Under the Tax Code of the Philippines, separation fees and benefits in the Philippines are exempted from income tax, and consequently, withholding taxes on compensation for separations from employment because of death, sickness or other physical disability or any other causes beyond employee’s control. No one may not really like it being separated from work in any of those circumstances but at times, it comes unexpectedly. This is normally an unfortunate event in one’s employment as this would mean finding new employment to support one’s financial needs to himself and to the family, if any. The Labor Code of the Philippines provides for separation benefits for these unfortunate employees separated from employment. The amount of separation fees in the Philippines would depend on the following factors: The amount of salary prior to separation; The cause of separation – death, sickness, physical disability or other causes; Length of service which must

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My First Brand New Toyota Car in the Philippines

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By: Belle of Tax and Accounting Center Philippines As an employed professional, buying my own brand new car in the Philippines is quite a common desire for varied reasons. One, it would give me convenience in reporting for work and going home any time after overtime. Instead of getting a cab late at night for worries on the road, I have all the reasons to go home anytime. Another factor is family travels and bonding. We are a small family of four (4) with some close relatives and during weekends, family time comes into play. With own car, we can reach the nearby places to go in Metro Manila and its surrounding provinces – Laguna, Cavite, Rizal, etc. We could leave early morning for the ride, roam around, park for lunch time and get back home before sunset or after dinner. Third factor is for personal and professional appointments. Own

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Online Tax Return Filing and Payment in the Philippines

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By: Tax and Accounting Center Philippines To provide a more taxpayer convenient manner of filing and payment of tax liabilities, electronic filing and payment system (EFPS) in the Philippines was introduced early in 2001 under Revenue Regulations No. 9-2001. The online tax payment system also fast tracked the availability of tax revenue for the Bureau of Internal Revenue (BIR) as payment is directly credited to the account of the government. How does online system works? Taxpayers intending to use online facility are required to enrol with the EFPS facility of the BIR. They are likewise required to maintain an online banking facility where the EFPS facility is integrated. Upon successful enrolment with both EFPS and online banking, the EFPS taxpayer will simply access the online facility, fill-out the tax return fields with required details and have it filed online. It is a two-step process and for control purposes, two persons

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BIR Revenue Regulations No. 2 – 2013: Transfer Pricing Guidelines

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REPUBLIC OF THE PHILIPPINES DEPARTMENT OF FINANCE BUREAU OF INTERNAL REVENUE Quezon City REVENUE REGULATIONS NO. 2-2013 dated January 23, 2013 SUBJECT      :           Transfer Pricing Guidelines TO      :           All Internal Revenue Officers and Others Concerned __________________________________________________________ BACKGROUND.- The dramatic increase in globalization of trade has also led to harmful tax practices that have resulted in tremendous losses of tax revenues for governments. The most significant international tax issue emerging from globalization confronting tax administrations worldwide is transfer pricing. Transfer pricing is generally defined as the pricing of cross-border, intra-firm transactions between related parties or associated enterprises. Typically, a transfer price occurs between a taxpayer of a country with high income taxes and a related or associated enterprise of a country with high income taxes and a related or associated enterprise of a country with low income taxes. In the Philippines, “intra-firm/inter-related” transactions account for a substantial portion of the transfer

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Income Taxation of Expatriates in the Philippines

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By: Tax and Accounting Center Philippines With the boom of the business process outsourcing industry in the Philippines, it is undeniable that foreign expatriates is accordingly increasing in number. Hereunder are the few reminder on how income taxation applies to compensation of expatriates in the Philippines. For better appreciation of this article, we suggest that you read first our article on Income Tax Classification of Expatriates in the Philippines. Withholding tax on compensation of expatriates in Philippines The taxable compensation of expatriate refers to the compensation received by the expatriate for its services performed in the Philippines. For resident expatriate and non-resident expatriate engaged in trade or business, withholding tax on compensation table is used for the purpose. The 2009 withholding tax table is patterned after the income tax rates of 5-32% where the applicable tax rate in any tax bracket corresponds to the level of compensation of expatriates. Yes,

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Income Tax Classification of Expatriates in Philippines

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By; Tax and Accounting Center Philippines For foreign investors, one consideration on foreign investments in the Philippines is the payroll tax of its expatriates employees who will man the operations in the Philippines. For income tax purposes, an expatriate employee in the Philippines may be taxed as follows: Non-resident alien/expatriate in the Philippines An non-resident alien/expatriate in the Philippines is one who is not a citizen of the Philippines and who is not a resident of the Philippines but deriving income as employee in the Philippines. He is classified either as a non-resident alien: Not engaged in trade or business, or, Engaged in trade or business The determining factor is the aggregate length of presence in the Philippines. Under Section 25(A)(1) of the Philippines Tax Code, a non-resident alien who stayed an aggregate period of more than 180 days during any calendar year shall be deemed a non-resident alien doing

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Features of Minimum Corporate Income Tax in Philippines

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By: Tax and Accounting Center Philippines Under the Tax Code of the Philippines, a minimum corporate income tax (MCIT) in the Philippines of two percent (2%) of the gross income is imposed upon any domestic or resident foreign corporation beginning the fourth (4th) taxable year immediately following the taxable year in which such corporation commenced its business operations. The MCIT shall be imposed whenever such corporation has zero or negative taxable income or whenever the amount of minimum-corporate income tax is greater than the normal income tax due from such corporation. For better appreciation of MCIT in the Philippines, let us share you some of its features as follows: A corrective measure to ensure minimum contribution Prior to Republic Act No. 8424 that took effect January 1, 1998, the legislators had noticed the low income tax compliance of corporate taxpayers in the Philippines by simply declaring net loss to evade

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Waiver from the Defense of Prescription in Philippines

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By: Tax and Accounting Center Philippines As a matter of right under Section 203 of the Tax Code of the Philippines, as amended (Tax Code), the Bureau of Internal Revenue (BIR) has the power to examine the books of accounts and other accounting records of the taxpayers and make an assessment within three years, and we quote: “SECTION 203.   Period of Limitation Upon Assessment and Collection. — Except as provided in Section 222, internal revenue taxes shall be assessed within three (3) years after the last day prescribed by law for the filing of the return, and no proceeding in court without assessment for the collection of such taxes shall be begun after the expiration of such period: Provided, That in a case where a return is filed beyond the period prescribed by law, the three (3)-year period shall be counted from the day the return was filed. For purposes

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Deductible Interest Expense for Income Tax in Philippines

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By: Tax and Accounting Center Philippines Interest expense is what the taxpayer pays for borrowed funds in the conduct of trade or practice of profession. It refers to the payment for the use or forbearance or detention of money, regardless of the name it is called or denominated. It includes the amount paid for the borrower’s use of money during the term of the loan, as well as for his detention of money after the due date for its repayment. Here are the requirements for deductibility of interest expense from taxable income laid down in Revenue Regulations No. 13-2000: There must be an indebtedness; There should be an interest expense paid or incurred upon such indebtedness; The indebtedness must be that of the taxpayer, The indebtedness must be connected with the taxpayer’s trade, business or exercise of profession. The interest expense must have been paid or incurred during the taxable

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