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Editorial

Press releases and law firm thought leadership

This page is dedicated to keeping readers informed of the latest news and thought leadership articles from law firms across the globe.

If your firm wishes to publish press releases or articles, please contact Shehab Khurshid on +44 (0) 207 396 5689 or shehab.khurshid@legalease.co.uk

 

Philippines: Department of Finance Revenue Regulations No. 7-2018 (RR No. 7-2018)

On January 31, 2018, Finance Secretary Carlos G. Dominguez issued RR No. 7-2018 which restored the provision on Notice of Informal Conference as a due process requirement in the issuance of a deficiency tax assessment. RR No. 7-2018 was published in the Manila Bulletin on February 1, 2018 and took effect on February 16, 2018.

The Notice of Informal Conference is a written statement issued by the BIR informing the taxpayer of the discrepancies in the taxpayer’s tax payments for the purpose of conducting an informal conference wherein the taxpayer will be given an opportunity to present his side of the case.

Download and read the complete Tax Bulletin on RR No. 7-2018. The bulletin was authored by SyCipLaw partner Carina C. Laforteza and associate Renz Jeffrey A. Ruiz.

Philippines: Department of Finance Revenue Regulations No. 6-2018 RR No. 6-2018

On January 19, 2018, Department of Finance (“DOF”) Secretary Carlos G. Dominguez issued Revenue Regulations (“RR”) No. 6-2018 which revoked RR No. 12-2013 and reinstated Section 2.58.5 of RR No. 2-1998, as amended by RR Nos. 14-2002 and 17-2003. Section 2.58.5 of RR No. 2-1998 implements the requirement of withholding of income tax for deductibility of expenses. RR No. 6-2018 was published in the Manila Bulletin on January 23, 2018 and took effect on February 7, 2018.

Data Privacy Update: NPC Advisory Opinion on Consent

The Philippine National Privacy Commission (NPC), which administers the country’s Data Privacy Act (DPA), has recently made available to the public copies of its advisory opinions. These opinions had been issued in response to various queries regarding the proper application and interpretation of the provisions of the DPA and its implementing rules and regulations.

IBA Taxes Committee: “Developments in Philippine Tax Laws and Regulations”

The International Bar Association’s (IBA) Taxes Committee published its annual update on tax developments by jurisdiction for 2017. The 2017 update includes a Philippine report by SyCipLaw partner Hiyasmin H. Lapitan entitled “Developments in Philippine Tax Laws and Regulations”. The Philippine report summarizes recent updates related to tax treaty relief, passed-on gross receipts tax, alternative modes of paying taxes, reduction of real property tax on independent power producers, and case law, as well as upcoming tax reform developments.

Philippines Chapter in The Tax Disputes and Litigation Review - Edition 5

The Philippines section of The Tax Disputes and Litigation Review - Edition 5 contains information on commencing disputes, including national and local taxes; courts and tribunals; penalties and remedies; tax claims, including recovering overpaid taxes, challenging administrative decisions, and claimants; costs; alternative dispute resolution; anti-avoidance; double taxation treaties; areas of focus; and outlook and conclusions. The section was contributed by SyCipLaw partner Carina C. Laforteza with support from associate Mark Xavier D. Oyales.

SyCipLaw Tax Bulletin: Philippine BIR Rules on Proper Tax Treatment of Passed-on Gross Receipts Tax

On June 13, 2016, the then Commissioner of Internal Revenue issued Revenue Memorandum Circular No. 62-2016 purporting to clarify the proper tax treatment of percentage tax or gross receipts tax (GRT) due on transactions covered by Sections 1211 and 1222 of the Tax Code which are shifted through contractual stipulations to borrowers/customers/clients (“passed-on” GRT). Banks, non-bank financial intermediaries performing quasi-banking functions are subject to GRT under Section 121 while financing companies and other financial intermediaries not performing quasi-banking functions are subject to GRT under Section 122. The effectivity of this circular was suspended on July 1, 2016 by the new Commissioner of Internal Revenue. However, on November 15, 2016, the suspension was lifted by RMC No. 127-2016 rendering RMC No. 62-2016 effective immediately.

The Tax Disputes and Litigation Review - Edition 4 - Philippine Chapter

The Philippines section of The Tax Disputes and Litigation Review 4th Edition contains information on commencing disputes, including national and local taxes; courts and tribunals; penalties and remedies; tax claims, including recovering overpaid taxes, challenging administrative decisions, and claimants; costs; alternative dispute resolution; anti-avoidance; double taxation treaties; areas of focus; and outlook and conclusions. The section was contributed by SyCipLaw partner Carina C. Laforteza with support from associate Mark Xavier D. Oyales.

Philippine BIR adopts technological innovations

The July 2013 issue of Bloomberg BNA's Tax Planning International Asia-Pacific Focus features an article co-authored by partner Carina C. Laforteza and associate Grace Ann C. Lazaro entitled "The Philippine BIR adopts technological innovations." The article discusses the recently implemented Philippine Bureau of Internal Revenue (BIR) Regulation No. 18-2012 directing all persons to secure a new Authority to Print from the BIR and to print new receipts/invoices starting 1 July 2013. The article includes sections on the statutory basis, implementation, and the move towards computerized regulation.

December 2012 Philippine Supreme Court Decisions on Civil Law

The Lexoterica post on select December 2012 rulings of the Supreme Court on Civil Law was contributed by partner Rose Marie M. King-Dominguez. The post includes rulings on damages, sale of real property, unjust enrichment, and the Public Land Act.

SEC requires tax identification number for foreign investors

The Philippine Securities and Exchange Commission (SEC) issued Memorandum Circular No. 1, s. 2013 dated 7 January 2013, requiring the incorporation of the tax identification number (TIN) of foreign investors in all forms papers and documents filed with the SEC.

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