Martes, Disyembre 17, 2013

Thinking about Christmas or taxes

WE ARE NOW in the last month of the year. At this time, companies will be closing their books, managing reconciliations of their accounting records against their tax returns, conducting year-end adjustments, preparing for the year-end withholding tax obligations, completing compliance requirements for renewal with the Bureau of Internal Revenue (BIR) and local government unit (LGU) registrations and planning for the 2014 income tax filing season.

December is also the time of the year when taxpayers evaluate certain tax positions and plan for actions that may impact not only the current taxable year but also the subsequent years.

Revisiting the significant BIR issuances and Revenue Regulations (RR) for the year is therefore a rational thing to do before we say: GOODBYE, 2013!

TRANSFER PRICING GUIDELINES (RR NO. 2-2013)

It can be recalled that, under this regulation, taxpayers are mandated to keep documentation to demonstrate that transfer prices (TP) between related parties are consistent with the arm’s length principle.

TP documentation should be an item in any taxpayer’s policy-making and tax planning assessments.

If there is still no written inter-company agreement, it is advisable to have one accomplished immediately. It is best to be prepared when the BIR requires the submission of the intercompany agreement in a transfer pricing audit.

NEW INVOICES AND ORS (RMO 12-2013)

Considering the several extensions granted by the BIR for the application of authority to print (ATP), it is a grave sin if one was unable to process one’s ATP application. Though the penalty prescribed under Sec. 264 of the Tax Code was only for a fine, which ranges from P1,000 - P50,000, the aggressiveness of the law should not be discounted: non-compliance may be considered a criminal liability for which taxpayers may suffer imprisonment of not less than two years but not more than four years.

Surely, as a supplier, you would not want to be ill-favored by your cautious customers who would likely prefer your compliant competitors.

If you have properly complied with this requirement, your next task is to ensure that you are not receiving outdated official receipts or invoices from your suppliers. This will significantly impact your claim of input taxes and deductibility of expense for income tax purposes.

WITHHOLDING REQUIREMENT FOR DEDUCTIBILITY OF EXPENSES (RR NO. 12-2013)

It can be recalled that, under the new regulations, even if the deficiency withholding tax is paid during the investigation, the expense item to which such deficiency withholding tax relates will not be allowed as a deduction against the taxable income in the year incurred.

Think of the dire consequences that taxpayers will face after the issuance of the regulation, specifically on the assessment on withholding tax and income tax.

Revisit the employee’s liquidation of cash advances and reimbursement of expenses made during the year. Aside from probing if the expenses were duly supported with official receipts under the name of the company, validate if such expenses were subjected to expanded withholding tax. 

If, currently, there are transactions that have not been subjected to withholding tax, evaluate the cost-benefit of amending the withholding tax returns and paying the withholding tax to avoid the assessment on non-withholding and further disallowance of the expense.

RECOVERY OF INPUT TAXES ATTRIBUTABLE TO VAT ZERO-RATED SALES (RMC NO. 57-2013)

By this time, taxpayers should be able to forecast if unutilized input tax attributable to value-added tax (VAT) zero-rated sales would be best reco vered through a claim for refund or tax credit certificate (TCC) or, better yet, carried over to the next taxable year.

The option was made critical because of RMC 57-2013, which prohibits expensing of unutilized input VAT attributable to VAT zero-rated sales. It was held that expensing may only be allowed if a claim for refund or tax credit has been filed and that the same was denied by the BIR for failure to comply with the invoicing requirements.

NEW DAILY MINIMUM WAGE RATES IN THE NATIONAL CAPITAL REGION (RMC NO. 71-2013)

On top of the Christmas bonus, employees have reason to cheer the new minimum wage rate in the NCR, which took effect in November.

As a consequence, employers need to revisit the compensation (basic salary plus other income including bonus) given to employees -- if these will now be within the minimum wage and considered non-taxable. 

Increasing the salary and benefits of the employees (up to the extent of the new minimum wage rate limit) without imposing additional tax is required by the issuance.

TREATMENT OF DEPOSITS AND ADVANCES (RMC NO. 16-2013)

We were surprised by the harsh treatment required on deposits or advances received by taxpayers from their clients/customers. It was mandated that any amount received as advances or deposits shall be booked as income and shall form part of the gross receipts of the taxpayer, subject to VAT or percentage tax. The advances shall, on the other hand, be considered a deductible expense by the client/customer provided that it is duly substantiated with official receipts.

Before this issuance, taxpayers first had to make a qualification if the deposit was refundable or non-refundable to be considered taxable or not. This time, the issuance says that cash deposits or advances are taxable upon receipt without qualification. 

Let’s not lose hope, though, but continue to advocate for the BIR to clarify the type of cash advances or deposits to be covered by the new requirements. This treatment has irreconcilable consequences that will place some taxpayers at a great disadvantage.

TAXABILITY OF HOMEOWNERS’ ASSOCIATIONS (RMC NO. 9-2013)

Homeowner’s associations are now subject to income tax and VAT. As a consequence, income payments to them representing membership fees and association dues are likewise subject to the applicable withholding taxes under existing regulations.

The members will feel the escalating cost of living in the city because these taxes will definitely be passed on to them.

With tax rules becoming more challenging each year and the BIR putting the pressure on taxpayers to be accountable for complete compliance, new tax issuances and regulations should be carefully revisited. 

Surely, we don’t want to be thinking about taxes during the Christmas season.

Jen R. Serrano

Let’s Talk Tax

Punongbayan and Araullo



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