Tax Updates January 2023 (SyCipLaw Tax Issues and Practical Solutions (T.I.P.S.) Vol. 22)

February 10, 2023

SyCipLaw's Tax Department has prepared Tax Issues and Practical Solutions (T.I.P.S.) for January.

Please read the full text here or via this link.

SyCipLaw's Tax Department has prepared Tax Issues and Practical Solutions (T.I.P.S.) for January covers the following tax issues:

1. Does the Court of Tax Appeals have jurisdiction over a tax dispute involving solely two government agencies under the Executive Department?

2. Is there substantial compliance with the due process requirements when the BIR issues a Final Assessment Notice ("FAN")/Formal Letter of Demand ("FLD") before the lapse of the 15-day period to file a reply to the Preliminary Assessment Notice ("PAN") without waiting for the taxpayer's reply to the PAN if the taxpayer is able to submit a well-prepared protest letter?

3. Can a local government unit continue taxing a company that is no longer conducting business within its jurisdiction on the basis of the company's failure to apply for the retirement of its business?

4. Does the Court of Tax Appeals have jurisdiction over the validity of a department order imposing safeguard duties on imported commodities?

5. Is there forum shopping if a taxpayer files a petition for review with the Court of Tax Appeals without disclosing that they had sent an offer of compromise with the Bureau of Internal Revenue, and applied for amnesty, covering the same taxes?

6. Are sales made during the period from December 10, 2021 to March 8, 2022 to registered export enterprises ("REEs") whose incentive periods have expired subject to VAT?

7. Will REEs that changed their registration from VAT to non-VAT now be subject to percentage tax?

8. When is the deadline for registered business enterprises ("RBEs") in the Information Technology-Business Process Management ("IT-BPM") sector to transfer their registration to the Board of Investments ("BOI") so that they can adopt up to 100% work-from-home ("WFH") arrangement without losing their tax incentives?