BIR: We can go after Sulit, AyosDito and YOU for unregistered, untaxed online sales

[Retz]

BIR: We can go after Sulit, AyosDito and YOU for unregistered, untaxed online sales
By: Katrina Mennen A. Valdez, InterAksyon.com
January 21, 2013 8:18 AM

MANILA - The Bureau of Internal Revenue (BIR) will hold operators of buy-and-sell websites liable for any entrepreneur who makes money online without first registering with the bureau and the Department of Trade and Industry (DTI).

"We will file cases against sellers who fail to issue receipts and pay taxes, but we will also file cases against the websites which provide such service," BIR Commissioner Kim Jacinto-Henares said.

She said website operators engaged in buy and sell are similar to that of mall operators that allow entrepreneurs to lease a commercial space in their establishments.

Under Revenue Regulation 12-2011, "it shall be the primary responsibility of all owners or sub-lessors of commercial establishments/buildings/spaces to ensure that the person intending to lease their commercial space is a BIR-registered taxpayer."

"In the same way, if you operate a buy and sell website, you have to make sure that your members or subscribers are registered with us. These websites have to make sure that the sellers are issuing receipts, otherwise, they will also be held responsible," Henares said.

Therefore, operators of websites that failed to verify the BIR registration of its member-entrepreneurs can be jointly sued for tax evasion along with the unregistered tenant.

"It's just a matter of them following what the law provides, and us implementing what the law states," Henares said.

Online traders and sellers usually conduct their transactions through buy-and-sell websites such as sulit.com.ph, ayosdito.ph, ensogo.com and ebay.ph.

"Their businesses should be registered to us, and they should be paying the corresponding taxes. Otherwise, we will run after them," Henares said.

She said the bureau need not issue a revenue regulation requiring online sellers to issue receipts and invoices, since the National Internal Revenue Code (NIRC) already mandates sellers and service providers to issue receipts "for each sale or for service valued at P25 or more."

Section 237 of the NIRC provides that "all persons subject to an internal revenue tax shall, for each sale or transfer of merchandise or for services rendered valued at P25 or more, issue duly registered receipts or sales or commercial invoices, prepared at least in duplicate, showing the date of transaction, quantity, unit cost and description of merchandise or nature of service."

Source: Interaksyon

[ghosthunter]

LOL! ... It's like asking the Manila Bulletin or any other newspaper with classified ads to do a background check on all their classified ads advertisers.

It won't happen. Hollow threats.

[dfopiso]

mukhang kapus talaga ang pondo

[A121]

LOL

This government can only run after the little fish, while the big fish escape. Yan ang "daang matuwid".

[hein]

LOL

This government can only run after the little fish, while the big fish escape. Yan ang "daang matuwid".

While Enrile gives away our Tax millions for Xmas.

[uls]

PNoy 2013 goal: get investment grade rating

gotta show those credit ratings agencies the Phil. govt got lots of revenue

squeeze more money from the private sector

[yapoy86]

dyan sya talo ni GMA....sayang lang kasi ogags yung asawa at yung mga boys nya..

[stickers]

mukhang kapus talaga ang pondo

Got to make new sources of funds for the election. :naughty2:

Nakakasikip ng puso makita mo kung san napupunta yung kaltas sa sweldo mo na walang kalaban-labang binabawas kada kinsenas-katapusan. :ashamed2:

[niky]

LOL! ... It's like asking the Manila Bulletin or any other newspaper with classified ads to do a background check on all their classified ads advertisers.

It won't happen. Hollow threats.

Exactly.

AyosDito and Sulit are online classified ads. Whoever issued that threat ought to look at publications like Buy and Sell and every major newspaper in the Philippines before threatening to go after these sites.

[Altis6453]

LOL! ... It's like asking the Manila Bulletin or any other newspaper with classified ads to do a background check on all their classified ads advertisers.

It won't happen. Hollow threats.

I'd like to see Kim H. try and fall flat on her face when the BIR gets challenged in court. Sobra ang tulis ng lapis pero wala sa lugar.

[wowiesy]

I'd like to see Kim H. try and fall flat on her face when the BIR gets challenged in court. Sobra ang tulis ng lapis pero wala sa lugar.

ang question dito, meron ba mag challenge in court?

and granted meron.. how soon can the court take action?

naalala ko nun.. 2009 pa ata yun o 2010.. nung binago ang brackets / allowed exemptions sa income tax... position then ng BIR was that hindi agad applicable for that taxable year yung new exemptions... I think may case pa yan upto now.. di pa na resolve...

[Ry_Tower]

Yung sa ayos at sulit may mga nagbebenata naman na legitimate businesses na rin like widget and kimstore. So may tax na rin yung binabayaran. Hindi naman for profit yung pagbebenta ng segunda manong gamit eh, bibili pa nga SC ng new item eh, lugi pa.

[CVT]

Matindi talaga ang BIR sa mga panahong ito..... Lahat binubusisi. At ang burden of proof,- nasa taxpayer palagi.... Kaya, happy ang mga Tax Lawyers ngayon....

Grabe!

17.9K:cupid2:

[Altis6453]

ang question dito, meron ba mag challenge in court?

and granted meron.. how soon can the court take action?

naalala ko nun.. 2009 pa ata yun o 2010.. nung binago ang brackets / allowed exemptions sa income tax... position then ng BIR was that hindi agad applicable for that taxable year yung new exemptions... I think may case pa yan upto now.. di pa na resolve...

Meron naman, hindi lang publicized. Believe it or not, a few of my classmates who specialized in tax law are getting really good results when they take on the BIR before the Court of Tax Appeals. The BIR tries to overwhelm you with voluminous documents, but at the end of the day, its the interpretation of the tax code that usually gets the court to rule in favor of the taxpayer.

[wowiesy]

Meron naman, hindi lang publicized. Believe it or not, a few of my classmates who specialized in tax law are getting really good results when they take on the BIR before the Court of Tax Appeals. The BIR tries to overwhelm you with voluminous documents, but at the end of the day, its the interpretation of the tax code that usually gets the court to rule in favor of the taxpayer.

I agree din.. and siguro panahon na para may NGO or something.. that will work for tax payer rights / knowledge / protection of taxpayer rights... although it is within the mandate of the BIR to collect... pero kadalasan, scare tactics ang ginagawa ng BIR... in a way good for them.. either they collect more for the government.. or they collect more for their own pockets... kung baga.. win / win.... pero kung hindi alam ng taxpayer ang kanilang mga karapatan.. yung tamang pag compute (dahil karamihan din ng BIR assessments ay talagang walang basis.. dinadaan lang sa overwhelming wording ng mga orders / letters nila)

minsan may mga assessments na sadyang padded ng BIR... in a way lookout talaga ng taxpayer kung ano ba talaga basis ng BIR... pero kung di mo isa isahin talaga.. mapapabayad ka ng wala sa lugar...

[shadow]

Illegal nga eh ano hahabulin ng BIR? Kung nakaw bakit tax lang ang hahabulin which is the primary job of BIR dapat buong amount which is not BIR's mandate


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#retzingb

[macsd]

Illegal nga eh ano hahabulin ng BIR? Kung nakaw bakit tax lang ang hahabulin which is the primary job of BIR dapat buong amount which is not BIR's mandate


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#retzingb

Korek ka dyan bro..walang mandate ang BIR kaya tax lang muna nila yung ninakaw. Tutal pareho naman silang matakaw. Yung return of the loot, let the pcgg do their job. Yan eh kung meron pang function ang pcgg. Di ba ang function ng pcgg eh to go after stolen goverment assets & money. Unless pcgg is only after marcos ???

[falken]

Korek ka dyan bro..walang mandate ang BIR kaya tax lang muna nila yung ninakaw. Tutal pareho naman silang matakaw. Yung return of the loot, let the pcgg do their job. Yan eh kung meron pang function ang pcgg. Di ba ang function ng pcgg eh to go after stolen goverment assets & money. Unless pcgg is only after marcos ???

Mas malaki pa yata ang nagastos ng PCGG kaysa sa mga narecover na kayamanan.

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[e2romo]

BIR parang BDO, we find ways... To tax you more. Wala eh, kailangan ng extrang pondo sa laki ng kinukurakot ng mga tao sa gobyerno.

Sent from the Twilight Zone...

[macsd]

Accountants win TRO vs disclosing fees | Inquirer News

Aray ko, na sampal na naman si Kim.:twister3:

I somehow pity Kim. As her intention is to achieve revenue goal, it's her subordinates that's raking on her efforts. Worse, it's the corrupt politicians that benefits more of her output.