Tax Updates July 2020 (SyCipLaw Tax Issues and Practical Solutions (TIPS) Vol. 1)

Tax Updates July 2020 (SyCipLaw Tax Issues and Practical Solutions (TIPS) Vol. 1)

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Please read the full text of the SyCipLaw T.I.P.S. at: https://tinyurl.com/SyCipLaw-TIPS-Vol1

SyCipLaw’s Tax Department has prepared T.I.P.S. covering the following tax issues:

1. When is separation pay exempt from income tax and withholding tax?
(See Revenue Memorandum Order No. 26-2011 at
https://www.bir.gov.ph/images/bir_files/old_files/pdf/58737RMO%2026-2011.pdf.)

2. What is the prescriptive period for filing an information for tax evasion in court?
(See Imelda Sze, et al. v. Bureau of Internal Revenue (G.R. No. 210238, January 6, 2020) at http://sc.judiciary.gov.ph/11727/.)

3. What are the remedies of a taxpayer against a local business tax assessment?
(See City Treasurer of Manila v. Philippine Beverage Partners, Inc. (G.R. No. 233556, September 11, 2019) at http://sc.judiciary.gov.ph/9235/.)

4. What are the new requirements for registering a new business with the Bureau of Internal Revenue?
(See Revenue Memorandum Circular No. 57-2020 at
https://www.bir.gov.ph/images/bir_files/internal_communications_2/RMCs/2020%20RMCs/RMC%20No.%2057-2020.pdf
and its annexes at
https://www.bir.gov.ph/images/bir_files/internal_communications_2/RMCs/2020%20RMCs/RMC%20No.%2057-2020%20Annexes%20A1-A11P.pdf.)

5. What are the obligations of persons conducting business transactions online?
(See Revenue Memorandum Circular No. 60-2020 at
https://www.bir.gov.ph/images/bir_files/internal_communications_2/RMCs/2020%20RMCs/RMC%20No.%2060-2020.pdf.)

6. What are the tax benefits of PEZA-registered entities?
(See Commissioner of Internal Revenue v. Philippine International Air Terminals Co. Inc. (CTA EB Case No. 1918, June 03, 2020).)

7. What are the requirements to be considered a non-resident foreign corporation doing business outside of the Philippines (for purposes of input VAT refund claims for zero-rated services rendered under the Tax Code)?
(See Commissioner of Internal Revenue v. Chevron Holdings, Inc. (CTA EB Case Nos. 1950 & 1951, June 03, 2020).)
(See also Commissioner of Internal Revenue v. Citco International Support Services Limited (CTA EB Case No. 2015, June 05, 2020).)