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  1. Join Date
    Aug 2009
    Posts
    1,956
    #31
    ^tama ka dyan CVT taxes are paid sa country kung san ka nagwowork, sa experience kodati bago ka umuwi or bakasyon need bayaran ng company mo yung mga taxes before ka issuehan ng exit/reentry.

  2. Join Date
    Sep 2007
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    1,778
    #32
    Quote Originally Posted by CVT View Post

    Register the company as Regional HQ..... 15% lang ang tax ng mga empleyado, pero may cut off ang sweldo at position....

    But, you have to show branches in Asia....
    15.2K:froggy:

    Binago na rules RHQ dapat abot ng 975k per anum para pwede sa 15% tax ang mga employees.

  3. Join Date
    Nov 2002
    Posts
    1,326
    #33
    Quote Originally Posted by CVT View Post

    Regarding our OFWs' income,- kaya yata walang tax dito dahil dapat ay tina-tax na sa home country... Kaya iniiwasan ang double taxation....
    15.2K:froggy:
    pero kung may tax treaty between PHL and that other country, the tax treaty provisions can be invoked... yun nga lang.. dagdag gastos pa rin since you'll need tax lawyers na talaga to handle that...

  4. Join Date
    Nov 2002
    Posts
    1,326
    #34
    Quote Originally Posted by glenn manikis View Post
    hindi po unfair yun... hindi lang sa govt. yun pati sa private pwedeng pwede iapply....
    which makes me all the more curious on what these "loopholes" are... been asking my close tax lawyer friend and mukhang di pa rin sila gaano aware (or perhaps ayaw lang nya ipaalam sa akin?) hehe... ang tanong sa akin ay anong basis... sa loob ko, they should know since if they want to get their clients lesser tax, they should know the loopholes... regardless kung straight or baluktot na lawyer ka... basta expertise mo tax.. it is expected that all loopholes in tax ay alam mo... hehe..

  5. Join Date
    Jun 2011
    Posts
    4,513
    #35
    Quote Originally Posted by wowiesy View Post
    which makes me all the more curious on what these "loopholes" are... been asking my close tax lawyer friend and mukhang di pa rin sila gaano aware (or perhaps ayaw lang nya ipaalam sa akin?) hehe... ang tanong sa akin ay anong basis... sa loob ko, they should know since if they want to get their clients lesser tax, they should know the loopholes... regardless kung straight or baluktot na lawyer ka... basta expertise mo tax.. it is expected that all loopholes in tax ay alam mo... hehe..
    basis... yung ibang natatangap ng judiciary mismo eh tax exemptED according to them.... kung hindi pa din kayo sure kung applicable sa co. nyo you can ask DOJ A legal Opinion on that matter.... i think sa DOJ Ang may hawak nun eh si USEC. PARAS... actually pati nga DOJ madaming benifits, allowances etc. na hindi din nila tinatax.... alamin nyo po kung ano mga yun...

  6. Join Date
    Nov 2002
    Posts
    1,326
    #36
    Quote Originally Posted by glenn manikis View Post
    basis... yung ibang natatangap ng judiciary mismo eh tax exemptED according to them.... kung hindi pa din kayo sure kung applicable sa co. nyo you can ask DOJ A legal Opinion on that matter.... i think sa DOJ Ang may hawak nun eh si USEC. PARAS... actually pati nga DOJ madaming benifits, allowances etc. na hindi din nila tinatax.... alamin nyo po kung ano mga yun...
    ok po.. sa pagkaka alam ko from my tax lawyer contacts.. ang ino honor lang ng BIR ay yung mga may BIR Rulings... I would think it is almost the same as DOJ Opinions... although BIR Rulings ay specific to tax issues... now if the DOJ Opinions will suffice to show that certain transactions are tax exempt, that is a route that can be used... but kung sakaling magmatigas ang BIR at di na ihonor ang DOJ Opinions, then possible crisis... mag assess ang BIR... tax cases get filed sa CTA.. and kung talagang i-contest.. aakyat pa ng Supreme Court.. unless Congress passes a law that explicitly makes all these as tax exempt...

    question, will the BIR pursue this? and if they will, will they pursue this across the whole Executive, Congressional and Judicial Branches... o magiging selective lang sila (kesyo maging leksyon lang - pero kung di nila inassess for LA ang ibang branches, hindi agad ma ko korek sa ibang branches na hindi tamaan ng audit ng BIR)... but, if PNoy will give the marching orders na habulin ng BIR lahat.. mawawalan ng kaalyado ang Malakanyang.. paano pa uusad mga programa nito?

    my beef in why I am curious how will this proceed.. is that on one hand, employed persons in private sector ay di makawala dahil sa automatically withheld ang taxes nila... may Large Taxpayers Service ang BIR to focus on Large Taxpayers.. now humihigpit sila sa Professionals and Self Employed (mga SMEs)... understandable naman na gawin nila yan dahil sa pressure ng higher collection... however.. kung may possibility pa pala na karagdagang collection from the government employees sector, prudence and dilligence dictate na kailangan aksyunan din nila ito...

    there has been cases in the past that BIR runs after LGUs for deficiency taxes (I can remember Makati LGU owing BIR billions - or was it millions - in unremitted taxes a while back)... but that seems to be the exception rather than the norm...

    now based on what has been mentioned in the Impeachment court, where the CJs salary is not even 50% of his total pay, and yet this same basic pay din lang ang lumilitaw sa alpha list (for purposes of reporting taxes withheld)... then there is a big gap pa talaga on the current collections by BIR sa taxes, vs the income received by the government employee... if this is true only for those above a certain rank or responsibility or if this is true across all positions in government, di pa malinaw...
    Last edited by wowiesy; March 18th, 2012 at 03:41 PM.

  7. Join Date
    Jul 2004
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    7,781
    #37
    Quote Originally Posted by wowiesy View Post
    ok po.. sa pagkaka alam ko from my tax lawyer contacts.. ang ino honor lang ng BIR ay yung mga may BIR Rulings...
    this is correct

    kahit na obvious and written in black and white sa tax code, hinahanap pa rin ito ng BIR.

    iba pang rulings dyan ay "unnumbered"

    now, as to the cost of getting a tax ruling, ibang madugong usapan ito

    :naughty2:

  8. Join Date
    Nov 2002
    Posts
    1,326
    #38
    Quote Originally Posted by 111prez View Post
    this is correct

    kahit na obvious and written in black and white sa tax code, hinahanap pa rin ito ng BIR.

    iba pang rulings dyan ay "unnumbered"

    now, as to the cost of getting a tax ruling, ibang madugong usapan ito

    :naughty2:
    sa panahon ni Comm. Kim Henares.. di na pinag uusapan ang cost to get one... absolutely wala daw talaga ipinalalabas na BIR Ruling... perhaps pag nag iba na ang nakaupo... but the question is... mapapalitan pa kaya si Kim Henares? I don't think so.. siguro mangyayari lang yan pag naiba na ang presidente <?> or.. pag naiba ang vice president <?>

  9. Join Date
    Feb 2008
    Posts
    9,431
    #39
    pati Allowances taxable na. All Allowances, Taxable – BIR


    MANILA, Philippines - The Bureau of Internal Revenue (BIR) declared Wednesday that allowances and bonuses received by all officials and employees in government and the private sector are subject to income tax if the amount is in excess of P30,000 per year.

    "There is no exemption," BIR Commissioner Kim S. Jacinto S. Henares stressed.

    The BIR chief spelled out the requirement in the Internal Revenue Code (Sections 244 and 245) following disclosure at the Senate impeachment trial of Chief Justice Renato C. Corona that high tribunal justices were recipients of tax-free multi-million-peso bonuses and allowances through the years.

    Supreme Court spokesman, Court Administrator Jose Midas Marquez, admitted that the extra income of the justices have not been placed under the withholding tax system since the time of Chief Justice Hilario Davide.

    He said, however, that there is no problem if the BIR decides to collect the deficiency income taxes due from these allowances and bonuses.

    But Henares would not say whether she has issued instructions to Manila Revenue Regional Director Pete Madulara to collect the back taxes, saying the audit on the extra income of the justices like any other investigation is "strictly confidential."

    Other revenue officials said that under the Tax Code even the 13th-month pay and other Christmas bonuses are also subject to income tax if the amount goes beyond P30,000 per year.

    The tax is slapped on the excess of the P30,000 threshold.

    They said certain "de minimis" (small value) allowances are tax exempt under Revenue Regulations 2-28, including monetized unused vacation leave, medical cash allowance, rice subsidy and uniform, or clothing allowance.

    The BIR earlier filed last month a P12 million tax evasion charges against Jesus Santos, counsel of former First Gentleman Mike Arroyo , for alleged non-declaration of his allowances and bonuses received from the Government Service Insurance System as member of its board of trustees from 2006 to 2009.

    BIR insiders said Corona and other SC justices could not be charged for the same offense as their earnings from the SC are covered by the Substituted Filing System of the BIR in which the task of filing income tax returns is done by SC treasurers and accountants.

    "If ever criminal complaints are filed, the respondents should be the justices, but it was the SC accountants who were designated as withholding agents of the BIR," one of the sources added.

  10. Join Date
    Nov 2002
    Posts
    1,326
    #40
    Quote Originally Posted by crazy_boy
    pati Allowances taxable na. All Allowances, Taxable &ndash; BIR

    MANILA, Philippines - The Bureau of Internal Revenue (BIR) declared Wednesday that allowances and bonuses received by all officials and employees in government and the private sector are subject to income tax if the amount is in excess of P30,000 per year.

    "There is no exemption," BIR Commissioner Kim S. Jacinto S. Henares stressed.

    The BIR chief spelled out the requirement in the Internal Revenue Code (Sections 244 and 245) following disclosure at the Senate impeachment trial of Chief Justice Renato C. Corona that high tribunal justices were recipients of tax-free multi-million-peso bonuses and allowances through the years.

    Supreme Court spokesman, Court Administrator Jose Midas Marquez, admitted that the extra income of the justices have not been placed under the withholding tax system since the time of Chief Justice Hilario Davide.

    He said, however, that there is no problem if the BIR decides to collect the deficiency income taxes due from these allowances and bonuses.

    But Henares would not say whether she has issued instructions to Manila Revenue Regional Director Pete Madulara to collect the back taxes, saying the audit on the extra income of the justices like any other investigation is "strictly confidential."

    Other revenue officials said that under the Tax Code even the 13th-month pay and other Christmas bonuses are also subject to income tax if the amount goes beyond P30,000 per year.

    The tax is slapped on the excess of the P30,000 threshold.

    They said certain "de minimis" (small value) allowances are tax exempt under Revenue Regulations 2-28, including monetized unused vacation leave, medical cash allowance, rice subsidy and uniform, or clothing allowance.

    The BIR earlier filed last month a P12 million tax evasion charges against Jesus Santos, counsel of former First Gentleman Mike Arroyo , for alleged non-declaration of his allowances and bonuses received from the Government Service Insurance System as member of its board of trustees from 2006 to 2009.

    BIR insiders said Corona and other SC justices could not be charged for the same offense as their earnings from the SC are covered by the Substituted Filing System of the BIR in which the task of filing income tax returns is done by SC treasurers and accountants.

    "If ever criminal complaints are filed, the respondents should be the justices, but it was the SC accountants who were designated as withholding agents of the BIR," one of the sources added.
    Curious... Kanino mag LA ang BIR? Sa justices dapat? O sa SC mismo?

    In a business, when the BIR assess the business for deficiency taxes for witholding tax on compensation, the business ends up paying the taxes, question ang is kung kinakaltas ba uli ng company sa employee... In the same way, BIR assess SC, if SC as an institution pays, hahabulin ba yun sa mga employees uli?

    Question din.. Madali now implement ito sa SC because may campaign sila against CJ Corona... But will they also run after the other branches of government? Legislative ( House Senate ) Executive ... Lahat ng departments may mga binabayarang allowances.. Paano yun?

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