Can the Bureau of Internal Revenue (BIR) issue an assessment even after the lapse of the three-year prescriptive period even if it is clear that no fraud was committed? This is the question I usually received from clients. And my answer to this question is, “Yes.” The general rule is that the BIR is given three years to issue an assessment against a taxpayer. However, Section 222 of the Tax Code of 1997, as amended, provides three instances where the prescriptive period is extended to 10 years from discovery. These are: (1) if the return is false; (2) if the return is fraudulent with the intent to evade taxes; and (3) if no return is filed. Among these three cases, the issue normally lies in what constitutes a false return. Would a simple mistake make a return false for purposes of applying the 10-year prescriptive period?
THE BANGKO SENTRAL ng Pilipinas (BSP) will announce its latest forecasts on the country’s external payments position next month, a senior official said, while noting that some recovery is expected in terms of capital inflows as market uncertainty eases.
RICE PRICES are expected to remain stable with over two months’ worth of buffer stocks available, a senior central bank official said, while noting that imports brought in by the private sector are unlikely to cause a sharp drop in the price of the staple.
(First of two parts)Claims for preferential tax treatment under applicable tax treaties have long been a challenge for non-resident income earners, income payors or withholding agents, as well as the Bureau of Internal Revenue (BIR). This is particularly significant considering that the Philippines has a wide and expanding network of effective tax treaties. Notably, there are 41 such treaties as of Jan. 1 2017.
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Former Philippine National Police (PNP) Director General Alan Purisima MANILA, Apr 18 (Mabuhay) – The Sandiganbayan has reset the graft pre-trial of former Philippine National Police chief Alan Purisima in connection with the alleged anomalous courier service deal that the PNP entered into in 2011. The pre-trial, scheduled on Tuesday, was moved to June 6 to allow both the prosecution and defense panels to complete the preliminary conference for the case. The preliminary conference is set on May 9. The prosecution said they will also submit a supplemental pre-trial brief for the case. Purisima was charged with graft for a supposedly anomalous contract that the PNP entered into in 2011 with the courier service company Werfast Documentary Agency, Inc. for the delivery of firearms licenses of applicants. Based on the Information of the case, the contract was awarded to Werfast without public bidding and despite the company’s supposed lack of track record and qualifications as a courier service firm. The Ombudsman said Werfast was not yet registered with the Securities and Exchange Commission when the contract was signed in May 2011. It also said that the company was not authorized by the Department of Transportation and Communications to offer courier delivery service. Purisima has pleaded not guilty to the charge. (MNS)
Kyla (MNS photo) Singer Kyla took to Instagram to share her message for husband, former PBA star and now Mahindra assistant coach Rich Alvarez, as they mark their sixth wedding anniversary. In her personal account on Monday, Kyla posted a photo of them as she recalled their “ups and downs” and “cries and smiles.” “Remember that I’ll always choose to be with you, and not be mad at you. Remember that I love you. And that I will never EVER let anyone take that away,” she wrote. “You will always be my favorite person in the world! Happy 6th my love! 12 years, all together, of knowing you and being crazy with you,” the singer added. Kyla and Alvarez had a secret civil wedding months before they had their church wedding in November 2011. The celebrity couple dated for seven years before deciding to tie the knot. In 2013, Kyla gave birth to their son Toby. (MNS)
Sen. Grace Poe delivers her sponsorship speech on the FOI Act: Senator Grace Poe delivers her sponsorship speech on the proposed Freedom of Information (FOI) Act on Wednesday (Oct. 19, 2016) at the Plenary Hall of the Senate Building in Pasay City. (PNA photo by Avito C. Dalan) MANILA, Apr 19 (Mabuhay) – Senator Grace Poe on Wednesday called anew for the creation of a National Transport Safety Board following the Nueva Ecija bus accident that killed at least 32 people. In a statement, Poe also said the necessary assistance should be extended by authorities and the bus company to the victims and their relatives. “Kailangan ding siguraduhin ang masusing imbestigasyon upang mapanagot ang maysala at makamit ng mga biktima ang hustisya,” Poe said. “Muling pinaiigting ng pangyayaring ito ang pangangailangan natin sa isang National Transport Safety Board na magsasagawa ng independiyenteng imbestigasyon sa mga aksidente at magbuo ng mga polisiya at programa para maiwasan ang kapahamakan sa daan,” she added. The proposed National Transportation Safety Board aims to create an independent and non-regulatory panel that will oversee and coordinate efforts among various agencies involved in overall management of land, air, maritime and railway transportation. The functions of the NTSB include conducting independent accident investigations; supporting safety programs based on continuing reviews of causes of unfortunate incidents; and assessing the operating practices and regulations of transportation-oriented government agencies. Overloading could have caused the ill-fated LeoMaric minibus to lose control and fall into a deep ravine in Carranglan, Nueva Ecija, a Read More …
An employee counts Philippine pesos inside a money changer in Manila September 19, 2013. A Philippine official said a weaker peso will benefit Philippine exporters by making their products less expensive and thus more competitive in the global market. MANILA, April 18 (PNA) – Malacañang on Tuesday said that President Rodrigo Duterte’s ‘decisive leadership’ in pursuing peace and order has resulted to healthy economic growth as indicated by the sustained strength of the Philippine peso. “The sustained strength of the Philippine peso mirrors the high business and investor confidence in the decisive leadership of President Rodrigo Roa Duterte,” Presidential Spokesperson Ernesto Abella said in a statement. “Under the PRRD administration, it is a doctrine that an economy thrives when there is peace and order. Pursuing that tack has resulted in robust economic growth,” he said. The Palace official said the administration hopes to sustain the economic momentum in order to bring Filipinos closer to Duterte’s promise of a comfortable life. “To sustain it we are launching the biggest infrastructure program in Philippine history. Big-ticket projects such as roads and bridges, mass urban transport system, alternative green city solutions are among key investments intended to move the country closer to the promise of a comfortable life for all,” he said. “The Philippine economic future indeed looks very promising and we enjoin our people to continuously support the administration as we together build a nation worthy of all Filipinos,” Abella said.
Pangilinan in 2015(Wikipedia) MANILA, Apr 19 (Mabuhay) – A report on alleged “state-sponsored extrajudicial killings” authored by a retired police intelligence officer supports the claim of self-confessed hitman Arturo Lascañas about the so-called Davao Death Squad (DDS), Senator Francis “Kiko” Pangilinan said Wednesday. “That corroborates the earlier statement made by Lascañas when he said that the DDS received cash payments for each killing made,” Pangilinan, president of the Liberal Party, said in a text message when asked to comment on the report by Reuters news service. Lascañas, a retired cop, earlier claimed that President Rodrigo Duterte, during his term as Davao City mayor, paid up to P100,000 per drug suspect killed by police officers. Testifying in a Senate inquiry last month, Lascañas said he was involved in the killing of at least 200 people, including radio broadcaster Jun Pala, upon the orders of Duterte. He said members of the DDS, in which he was a “major player,” were motivated to kill drug suspects because of the “reward system” instituted by Duterte. According to two senior officers interviewed by Reuters, police officers have received payments for killing drug suspects. A 26-page report supposedly authored by one of the officers, titled “The State-Sponsored Extrajudicial Killings in the Philippines,” alleged that the “reward” for drug killings range from P20,000 for a “street level pusher and user,” to P50,000 for a member of the barangay council, P1 million for “distributors, retailers and wholesalers” and P5 million for “drug lords.” The document has been shared Read More …