Tax Updates March 2023 (SyCipLaw Tax Issues and Practical Solutions (T.I.P.S.) International Edition Vol. 8)
April 20, 2023
SyCipLaw's Tax Department has prepared an international edition of its Tax Issues and Practical Solutions (T.I.P.S.) for the first quarter of 2023.
Please read the full text here or via this link.
The SyCipLaw T.I.P.S - International Edition covers the following tax issues:
1. For input valued-added tax ("VAT") refund claims filed prior to 2018, is the 120-day period for the Bureau of Internal Revenue ("BIR") to decide a claim for refund of excess unutilized input VAT attributable to zero-rated sales counted from the taxpayer's submission of complete documents as enumerated in Revenue Memorandum Order ("RMO") No. 53-98?
2. Is the CTA empowered to decide issues beyond the stipulation of the parties?
3. Does an administrative regulation that substantially changes or increases the burden of those governed require prior notice and hearing for its validity?
4. Does the presentation of the Certificate of Non-Registration and the Articles of Incorporation of a foreign corporation constitute conclusive proof that the foreign corporation is not engaged in trade or business in the Philippines?
5. Do taxpayers need to prove actual remittance of tax to be entitled to a refund of excess creditable withholding tax?
6. In input VAT refund cases, when should the 30-day period to file a judicial claim for refund start to run?
7. What are the classifications of One-Time Transactions ("ONETT") and the corresponding processing times of each classification for the issuance of the Electronic Certificate Authorizing Registration ("eCAR")?
8. What is the base of the penalty due to non-compliance by Registered Business Enterprise ("RBE") in the Information Technology-Business Process Management ("IT-BPM") sector of the work-from-home ("WFH") threshold pursuant to Fiscal Incentives Review Board ("FIRB") Resolution No. 17-22, as extended by FIRB Resolution No. 26-22?
9. What are the qualifications for an ELSE to qualify for VAT zero-rating incentives?
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