what will happen if you not agree with the offer from BIR people??

[Innova_Boy]

After receiving a Letter of Authority from BIR re your business, and after submitting all the documents they required like book of accounts, OR, Sales invoice, etc...

They want you to shell out 100k, 60 for their pocket and 40 for government coffers...

Now my question, if after negotiations they refuse to lower their demand and we refuse to accede to their proposal, what will happen to me? what will be their next move against us? Is there a possibility that they can put us in jail for this?... ANy inputs appreciated....


WBR,

[oldblue]

putting you in jail may be the last resort. but they may revoke your BIR Permit. without that, hindi ka nadin makapag-business coz it's a city hall requirement and of course, yun mga TIN ng mga employees mo for wtx. pati si ni-rent mo na place kailangan ng isang monthly form, can't remember. and of course your receipts.

I suggest negotiate the 100k na lang. try to lower the amount if possible.
wala na kawala kasi dyan eh.

[Horsepower]

accdg to my lawyer, with regards to running a business, following the law is the best way to save money.

If you do an illegal transaction with them, you can be liable again in the future (if someone else is not happy with his part of the pie). It's best to face the music, pay whatever needs to be paid and do things the right way.

The RIGHT WAY...

repeat... THE RIGHT WAY...

You'll have better and peaceful nights of sleep.

[yebo]

contact the nbi and have them set up an entrapment operation.

[zero]

ganyan din ang nae-encounter ng ibang pumupunta dito sa office namin para magfile ng articles of dissolution. kwento naman nila, madugo daw kumuha ng tax clearance diyan sa BIR, parang kidnap ransom daw ang usapan.

[mazdamazda]

I suggest negotiate the 100k na lang. try to lower the amount if possible. wala na kawala kasi dyan eh.

Bribing government officials doesn't do any good whichever way you look at it.

If you bribe then today they'll be knocking on your door (for more) the following year.

[oldblue]

Bribing government officials doesn't do any good whichever way you look at it.

If you bribe then today they'll be knocking on your door (for more) the following year.

it's the bir. whether we like it or not, they'll always be back

[Syuryuken]

Ganyan din nangyari sa bro ko. Sabi ng mga taga BIR kelangan niyang bayaran yung 340K+ para sa year 2005 tinatakot pa siyang kelangan mabayaran within 3 days dahil kung hindi i-forward na nila yung mga papers sa main office ng Region 2, makukulong siya at masasara yung mga businesses niya. Ayaw ng utol ko yung tinatakot sinabi na lang niyang gawin na lang nila kung ano yung gusto nila dahil wala siyang pambayad sa 340k+.

Ang nakakatawa kahit 120K na lang daw ibabayad niya pero hanggang ngayon hindi pa binabayaran ng utol ko

Pwede ding change of owner at business name gawin mo gaya sa katabing shop ng utol ko nakalusot sa mga taxes ang loko may mga nagreklamo pero parang ayaw namang aksyonan ng BIR.

[mazdamazda]

You can seek the help of the NBI's Anti-Graft Division (tel 5239196 / 5266203). An entrapment operation will be setup and once caught, these employees will be charged before the Office of the Ombudsman.

You can also file a complaint directly with the Office of the Ombudsman (you can even file it online: http://www.ombudsman.gov.ph/complaint.php?pid=318)

[raine]

You can seek the help of the NBI's Anti-Graft Division (tel 5239196 / 5266203). An entrapment operation will be setup and once caught, these employees will be charged before the Office of the Ombudsman.

You can also file a complaint directly with the Office of the Ombudsman (you can even file it online: http://www.ombudsman.gov.ph/complaint.php?pid=318)

Ito ang pinakamagandang solution para naman mabawasan ang mga ganid sa gobyerno.

[HIFI]

May kasalanan ka ba? May nakita ba silang anomalya? Kalabanin mo if you think you can win. If not, i-negotiate mo.

[oldblue]

but you'll also need funding for the Anti-Graft division agents. not lagay, but to finance their logistics like gasoline, stake-out expenses.

the question is can you do this and at the same time manage your business

[badsekktor]

ano yun 100 k? kotong? tsk! tsk! tsk! a relative of ours was forced to shut down yun isang branch nung food chain nila dahil sa humihingi naman si mayor ng 1 m yearly for lagay purposes. kung hindi ka kasi magbibigay, iipitin mga permits mo... better relocate your business bro....

[oldblue]

hehehe mahirap i-relocate ang business kasi national ang BIR.

face the music na lang talaga. they're giving you the easy way out sa tingin ko. no sense contesting them kasi baka may hawak silang previous transaction mo na hindi mo alam. perhaps given to them by your customer or sila din ang nag-pretend na customer.

but if you can prove to them that you were paying your taxes dutifully, may laban ka. but of course, you'll need a lawyer for this kasi kaso na talaga yan pag lumaban/nag-prove ka.

[BongRev]

When i was arranging to get my tax clearance from BIR needed for my transfer of TCT titles, naku dami po humhingi ng lagay at yung mga drawers nila ay laging open para ihulog yung sinumang magbigay ng lagay.
But if you really dont' have anything to hide or any wrongdoing then pls. just do it the right way. Kung uma-angal po tayo sa graft and corruption sa gobyerno then we must, at least, do our part as law abiding citizens and do it the right and legal way. My two cents opinion po lamang.

[wowiesy]

You can seek the help of the NBI's Anti-Graft Division (tel 5239196 / 5266203). An entrapment operation will be setup and once caught, these employees will be charged before the Office of the Ombudsman.

You can also file a complaint directly with the Office of the Ombudsman (you can even file it online: http://www.ombudsman.gov.ph/complaint.php?pid=318)

in a way, hindi din ganun kadali ang ipa entrap sila... especially if you're in the area for the long haul... maaaring yung isang nangingikil eh maipakulong mo or maipahiya mo.. but your business is still in that area and when the next tax season comes around, you'll still be facing them... wala namang guarantee na yng papalit eh magiging "pro-business" na susunod lang sa gusto nating taxpayer... either matino yng makaharap mo but sobra ka naman pahirapan at sangkaterbang tax deficiencies ang i-assess nya... or hindi sya matino na mas iipitin ka para makaganti dun sa nakalipas na taon...

i'm not saying na suportahan natin yung corrupt practice... but you just have to weigh everything...

[judyang]

nbi lang katapat niyan. entrapment para kulong agad sila.

[mazdamazda]

justice at work...

Caloocan treasury officer nabbed for bribery

By SANDY ARANETA
The Philippine Star

Ombudsman Merceditas Gutierrez ordered Monday the filing of criminal charges against an officer of the Caloocan City Treasurer's Office who was caught in an entrapment operation receiving P2 million to reduce the tax liabilities of a businessman.

In a 15-page resolution, Chief State Prosecutor Jovencito Zuño recommended that Teophanie Christy Sy, officer-in-charge of the real property tax division, be charged with direct bribery and violation of Republic Act 3019 or the anti-graft law.

The case stemmed from a complaint filed by George Goquingco, president of Arayaland Manufacturing Corp., before the National Bureau of Investigation (NBI).

Goquingco stated in his complaint that he received a notice from the Caloocan City Treasurer’s Office informing him of his company’s tax delinquency, amounting to P12.9 million from 1995 to the 3rd quarter of 2004.

Goquingco’s lawyer and Sy held several meetings to settle the tax liability.

On Aug. 4, 2005, in a meeting at a Caloocan restaurant, Sy told Goquingco that his total tax delinquency amounted to P15 million because Arcadia Manufacturing Corp., the former name of Arayaland, also has a property tax delinquency of P422,520.

During that meeting, Sy allegedly offered a payment scheme in which Goquingco will pay P4 million cash with no receipt, and P7.7 million in seven quarterly installments of P1.1 million each, with official receipts (OR).

When Goquingco objected, Sy allegedly offered an alternative payment scheme in which he would pay P2 million in cash without receipt, and the remaining P13 million covered by an OR.

Sy and her husband, identified by the Office of the Ombudsman as Ariel San Juan Reutotar, were arrested in an ensuing entrapment operation conducted by the NBI on Aug. 16, 2005 at a restaurant in Quezon City. The case against her husband was dismissed.

Sy denied the accusations against her, saying it was Goquingco, through his lawyer, who offered her a bribe that she refused.

She said on Aug. 16, 2005, Goquingco told her he has a budget of around P2 million to P3 million to make a partial payment of his tax arrears and that he intends to pay the whole amount in full.

Sy claimed she instructed Goquingco to make the payment at her office, but he allegedly refused because he experienced extortion attempts in Caloocan City.

She said that "because of her eagerness and good faith to collect for the city government" she agreed to meet Goquingco at the restaurant since it was near the hospital where she was supposed to go.

In his resolution, Zuño said "the foregoing actuations of Sy from the time she met the complainant created sufficient doubt which satisfies the existence of probable cause by which she could be charged for the crimes she allegedly committed."

Gutierrez affirmed the DOJ’s resolution.

[TJMaxx]

So will Goquingco live happily ever after? Naka-timbre' na siguro yan sa mga kasamahan ni Sy sa BIR. They will forever hound Goquingco whether he pays the right taxes or not.

Most of you have no idea how reptilian these BIR people are. Kahit na tama ang taxes na bayad mo as in say a property acquisition deal/transfer of title, they will delay issuance of clearance to register and insist on a re-assessment of taxes payable. That's the signal for you to negotiate on their "lagay". Kasi kung hindi mo sila bibigyan, ipit ang papeles mo.

Yung mga bribes niyo ay di lang naman doon sa examiner napupunta. May mga monthly quotas yang mga yan. They remit a portion of the bribes that they receive to the "higher ups". And by higher ups, what is meant is that it goes all the way up to City Hall, the Provincial Capitol and to Malacanang.

[Monseratto]

BIR legalize extortion/kickback practice...