BIR after lawyers/attorney: Matagal nang issue...

[Ry_Tower]

http://newsinfo.inquirer.net/59465/b...octors-lawyers

[111prez]

nakow, parang anti software piracy campaign yan

dapat habulin muna nila yung mga gumagamit ng pirated software sa gobyerno

in this case, habulin muna nila yung mga duktor at abogado sa gobyerno na may unexplained wealth

[tidus1203]

Oh $**T, kilala ko yung dermatologist na si Sylvia Huang. I use to see her before, pero matagal na 2004 pa ata yun. Can''t remember if she issued receipts tagal na kasi eh pero magaling na dermatologist yan...

[badsekktor]

Oh $**T, kilala ko yung dermatologist na si Sylvia Huang. I use to see her before, pero matagal na 2004 pa ata yun. Can''t remember if she issued receipts tagal na kasi eh pero magaling na dermatologist yan...

yep! magaling nga na derma yan! sa kanya din kami nagpapa-derma

[Gerbo]

Sa mga doktor, ok lang naman magbayad ng tax. Ang problem is yon harassment. Tatakutin ka. Tapos mapilitan ka mag bayad. And guess what, magkano lang amount reflected sa receipt. Di man lang umabot ng 10% sa amount. San napunta? Sa sariling bulsa. Tax ba yan?

[wowiesy]

Sa mga doktor, ok lang naman magbayad ng tax. Ang problem is yon harassment. Tatakutin ka. Tapos mapilitan ka mag bayad. And guess what, magkano lang amount reflected sa receipt. Di man lang umabot ng 10% sa amount. San napunta? Sa sariling bulsa. Tax ba yan?

Sad perspectives on this:
1. Mas mabilis sa BIR leadership at bureaucracy to file charges and squeeze the taxpayers since clear naman basis ( tax laws) and evidence (if there is any). Pero yung file charges and clean their ranks, mas mahirap. Since lahat sa bureaucracy nakikinabang sa system na nabanggit ( x% sa kaban ng bayan y% sa bulsa nila - most of the time y% being far greater than x% ), hindi sila (bureacracy) nawawalan. Its the taxpayers who pay for the leakage, not the bureaucracy and the government.

2. The view of the DOF/BIR leadership (and possibly the Aquino govt itself) to file charges on tax non compliance and shame them in media has its merits. Their quota of a charge every week is modest, given that the objective is to scare non compliant taxpayers into complying. But where is the quota of charges on the scalawags in the bureau? Is the bureau saying there are only tax cheats and no collector cheats?

3. However, what the BIR completely misses is the taxpayers side: taxes - even if it is considered the lifeblood of government and the moral obligation of its citizens, is still a burden- especially if the citizens see how the collected taxes are misused and mismanaged. Moreso when the taxpaying public sees how the BIR bureaucracy skims off their "tongpats" from what can be considered as their tax collections.

For those who are hell bent on cheating in taxes, I suppose it is just right to throw the book at them, but for those who have every intent of paying the right amount, the BIR makes it harder to comply and costlier to do so. What with all the requirements add to that their tongpats. For those who are intent on paying the right amount of taxes, if you decrease their resistance to doing tax related tasks in their business, compliance will be increased.

They do that for large tax payers. They have an LTS ( Large Taxpers Service ). They have economies of scale, they collect more from this group even if taxpayer count is a lot more in the non LTS sector. The businesses under the LTS group are the big companies - companies that can afford the manpower, the accounting and legal expertise, the IT infrastructure to help in administering the tax related matters of their enterprises.

But for the non LTS sector, the tax collected now may be smaller vs. LTS, but the taxpayer count is a hell a lot more. It is in this sector that BIR focus their RATE program. But it is also this sector that needs the education and information on right taxes, this is also the sector that is most prone to abuse by the scalawags in the bureau. Businesses will always choose the most profit for the least cost. If the business knows the real correct tax they should pay, why would they pay more overall (receipt and tongpats combined)? If they really do not know the correct tax they should pay, it becomes more convenient to fall prey to the scalawags.

[Ry_Tower]

nakow, parang anti software piracy campaign yan

dapat habulin muna nila yung mga gumagamit ng pirated software sa gobyerno

in this case, habulin muna nila yung mga duktor at abogado sa gobyerno na may unexplained wealth

Yup I agree, daming ganyan sa gov't eh. Dapat dun muna sila maglinis para sumunod yung sa private at para may credibility!

[111prez]

ito true story: a friend complained to me recently that the labor arbiter in a labor case involving their company is demanding P300K for a favorable decision.

case is still pending.

yun ang dapat habulin muna nila

[_Qwerty_]

may existing labor case din kami.. illegal dismissal daw.. talo yung empleyado.. wala daw illegal dismissal.. pero biglang nag grant nang separation pay tong NLRC.. so ni dispute namin.. wala ngang illegal dismissal so valid yung termination.. tapos may separation pay.. after nang appeal.. walang nangyari.. ni affirm lang yung separation pay.. ang sabi nung lawyer namin.. ganon daw sa NLRC.. sinasabihan nung arbiter yung nag file nang kaso na hihingi sila separation pay pero pag na approved hati sila.. para saan pa ang labor law nyan?? valid termination tapos may separation pay??

di kami pumayag.. ngayon nasa court of appeals na ang kaso..

ito true story: a friend complained to me recently that the labor arbiter in a labor case involving their company is demanding P300K for a favorable decision.

case is still pending.

yun ang dapat habulin muna nila

[Wh1stl3r]

Oo nga follow up on the kung walang corrupt walang mahirap slogan. Pero dun sa mga doctors/lawyers na di nagfifile at all ng income tax return mahiya naman kayo. Talo pa kayo ng ibang blue collar workers. Magbayad naman kahit konti masabi man lang na may contribution kayo sa gobyerno. Otherwise pareho lang kayo ng professional squatters na zero tax.

[ab_initio]

may existing labor case din kami.. illegal dismissal daw.. talo yung empleyado.. wala daw illegal dismissal.. pero biglang nag grant nang separation pay tong NLRC.. so ni dispute namin.. wala ngang illegal dismissal so valid yung termination.. tapos may separation pay.. after nang appeal.. walang nangyari.. ni affirm lang yung separation pay.. ang sabi nung lawyer namin.. ganon daw sa NLRC.. sinasabihan nung arbiter yung nag file nang kaso na hihingi sila separation pay pero pag na approved hati sila.. para saan pa ang labor law nyan?? valid termination tapos may separation pay??

di kami pumayag.. ngayon nasa court of appeals na ang kaso..

dalawang aspects kasi ang tinitingnan sa bawat dismissal ng employee. the two aspects of DUE PROCESS. First, was there any ground to dismiss the employee? this is the substantive due process. Second, was the employee sufficiently informed of the ground to terminate him? was he given the chance to explain? hence, the two-notice rule. this is procedural due process.

NOW if the terminated employee contests.

IF the two aspects attend in the termination, the employer doesn't pay any cent.

if only the first is complied with, meaning there is a ground to terminate him, but the second requirement is wanting. the employee is deemed to have not been validly dismissed at all. however, the determination of the amount of separation pay is addressed to the sound discretion of the court. in the past, the determination of the separation pay is reckoned from the time the employee was validly dismissed up to the final judgment.

if, on the other hand, there is no valid cause for termination and the employee is terminated, then the employer pays the back wages and take the employee back(this is reinstatement) to the company without loss of benefits and seniority status.

i believe in your company's case, while there was a ground to terminate the employee the procedural due process was not complied with.