BusinessWorld Online: Economy

Jan 272016
 

“What’s in a name? That which we call a rose by any other name would smell as sweet.” Shakespeare’s meaning in that line from Romeo and Juliet is that what matters is what something is, and not what it is called. It came to mind with the recently issued Securities and Exchange Commission-Office of the General Counsel (SEC-OGC) opinion dated 3 November 2015, which clarified whether a 100% foreign-owned domestic corporation can engage in the business of ground handling services for aircraft. The marshalling of an aircraft, loading and unloading of passengers, refueling and baggage handling are examples of such services.

Jan 252016
 

Tax rules seem to be constantly changing. Unless the taxpayer regularly looks up the latest issuances from the Bureau of Internal Revenue (BIR) and court decisions, or has a battery of tax advisors to do these for him, or attends periodic tax seminars, keeping track of developments in the rules can be difficult. The same can be very well said about filing tax refunds. Since tax refunds and tax credits are construed in strictissimi juris against the taxpayer, not only must he show that he is entitled to the refund under substantive law, he must also establish that the administrative and judicial claim were timely filed, lest he lose his entitlement to the claim.