Clarification on the Submission of Certificate by the Responsible CPAs on the Compilation Services for the Preparation of Financial Statements and Notes Thereto and Amendment of RMC No. 36-2016

The bureau has issued Revenue Memorandum Circular (RMC) No. 16-2017 dated February 22, 2017 with regards to the Amendment of RMC No. 36-2016 and Clarification on the Requirement of Professional Regulatory Board of Accountancy (BOA) under BOA Resolution No. 03, Series of 2016.

The Circular is issued to amend RMC No. 36-2016 to read as follows: 

For the information of all concerned, relative to RMC No. 21-2016 circularizing the BOA Resolution No.03. Series of 2016 entitled "Requiring the Submission of Certificate by the Responsible Certified Public Accountants on the Compilation Services for the Preparation of Financial Statements and notes Thereto", the implementation of the aforesaid BOA requirement shall be on December 31, 2016 as per BOA Resolution No. 115, Series of 2016. 

In line with the government's thrust on improving ease of doing business and streamlining of bureaucratic requirements, it is further clarified that only the existing documentary requirements in the filing of Income Tax Returns shall be submitted to the Bureau.

Please refer: http://www.bir.gov.ph/images/bir_files/internal_communications_2/RMCs/2017/RMC%20No%2016-2017.pdf of the full text of RMC No. 16-2017.

2017 Filing of Annual Financial Statements (AFS) and General Information Sheet (GIS)

The Chairperson of the Securities and Exchange Commission (SEC) has issued SEC Memorandum Circular No. 1 Series of 2017 recently related to the 2017 Filing of Annual Financial Statements (AFS) and General Information Sheet (GIS).

In accordance to its authority under the Corporation Code and Securities Regulation Code, adopt the following measures in the filing of annual reports:

I. AUDITED FINANCIAL STATEMENTS OF COMPANIES WHOSE FISCAL YEAR ENDS ON DECEMBER 31, 2016:

1. All corporations, including branch offices, representative offices, regional headquarters and regional operating headquarters of foreign corporations, shall file their AFS depending on the last numerical digit of their SEC registration or license number in accordance with the following schedule:

April 17, 18, 19, 20, 21:     1 and 2

April 24, 25, 26, 27, 28:     3 and 4

May 2, 3, 4, 5:     5 and 6

May 8, 9, 10, 11, 12:     7 and 8

May 15, 16, 17,18, 19:     9 and 10

All SEC Satellite Offices and Extension Offices in Cebu, Iloilo and Davao shall be governed also by the above coding schedule in 2017. However, any corporations may file on or before its respective filing dates.

II. GENERAL INFORMATION SHEET (GIS)

1. All corporations shall file their GIS within 30 calendar days from:

a. Stock Corporations - date of annual stockholders' meeting per By-Laws.

b. Non-Stock Corporations - date of annual members meeting per By-Laws.

c. Foreign Corporations - anniversary date of the issuance of the SEC License.

III. ALL REPORTS

All corporations may directly file their AFS and GIS in SEC Head Office, PICC Building, all Satellite Offices (Ali Mall-Cubao Quezon City, SM Manila, SM North EDSA, Robinson's Galleria and Muntinlupa City Hall) and Extension Offices (Cebu, Davao and Iloilo) applying 

the SEC issued number coding schedule for AFS.

All filers of GIS and AFS, regardless of the number of reports to be filed at SEC, complying with the circularized SEC-issued number coding schedule (for AFS only) may choose to avail of any of the following options:

a. SEC Express Nationwide Submission (SENS)

b. Any Courier/ Regular Mail

c. SEC Express Online Submission with or without return copy.

Please refer: http://www.sec.gov.ph/wp-content/uploads/2017/03/2017MCno02-new.pdf of the full text of SEC Memorandum Circular No. 1 Series of 2017.

Temporary Suspension of Enrollment to Electronic Filing and Payment System (eFPS) Facility

The CIR of the bureau has issued Revenue Memorandum Circular (RMC) No. 14-2017 recently with regards to the Temporary Suspensions of Enrollment to Electronic Filing and Payment System (eFPS) Facility.

It is issued to encourage taxpayers to proceed with eFPS enrollment before the start of the filing season. In order to give the full resources during the deadline of filing the Annual Income Tax Return, eFPS enrollment will be temporarily suspended beginning March 1 to April 30 of every year.

Taxpayers required to secure the BIR Importer's Clearance Certificate (ICC) and Broker's Clearance Certificate (BCC) and Government Bidders Tax Clearance can still proceed with eFPS Enrollment during the period of suspension by presenting their duly accomplished and notarized application form to the Revenue District Office (RDO).

eFPS Enrollment shall resume on May 1.

Please refer: http://www.bir.gov.ph/images/bir_files/internal_communications_2/RMCs/RMC%20No%2014-2017.pdf of the full text of RMC No. 14-2017. 

When Payment of Taxes Through Credit/Debit/Prepaid Card is Deemed Made?

Did you know that the CIR of the bureau has issued Revenue Regulations (RR) No. 2-2017 recently amending RR No. 3-2016 particularly Section 4(a) and (b) thereof?

 

The amendment is as follows:

 

SECTION 2. Amendment. - Section 4 of RR No. 3-2016 is hereby amended to read as follows:

 

"SECTION 4. When Payment is Deemed Made. - The payment of taxes through credit/debit/prepaid card shall be deemed made on the date and time appearing in the system-generated payment confirmation receipt issued to the taxpayer-cardholder by the AAB-Aquirer.

 

However, in case of late remittance or non-remittance of taxes to the BIR, despite the timely issuance of a valid confirmation receipt by the AAB-Acquirer to the taxpayer-cardholder, the liability to pay the tax rests upon the AAB-Acquire considering that from the time of issuance of a valid confirmation receipt to the taxpayer-cardholder, the AAB-Acquirer becomes the trustee of the government with the obligation to remit the payment on time to the BIR.

 

Please refer: http://www.bir.gov.ph/images/bir_files/internal_communications_1/Full%20Text%20RR%202017/RR%20No%202-2017.pdf

Acceptance of Tax Returns/Payments of Internal Revenue Taxes by Authorized Agent Banks (AABs) & Extension of Banking Hours

Have you read about the new circular issued by the bureau with regards to the Acceptance of Tax Returns/Payments of Internal Revenue Taxes by Authorized Agent Banks (AABs) and Extension of Banking Hours?

 

The CIR has issued Revenue Memorandum Circular (RMC) No. 12-2017 recently to inform the taxpayers and all concerned in relation with the Acceptance of Tax Returns/Payments of Internal Revenue Taxes by Authorized Agent Banks (AABs) on April 1, 2017 and April 8, 2017 and Extension of Banking Hours from 3:00 P.M. to 5:00 P.M. for the period April 1 to April 17, 2017.

 

This is in connection with the forthcoming tax deadline and pursuant to the Memorandum of Agreement executed by the AABs, the Bureau of Internal Revenue (BIR) and the Bureau of the Treasury (BTr), more particularly item 2.1.2 of the bank obligations which states that:

 

"The AAB shall:

 

1. xxx

 

2. xxx

2.1.1 xxx

2.1.2 To open bank operations two (2) Saturdays immediately prior to April 15 of every year and extend banking hours from 3:00 p.m. to 5:00 p.m. from April 1 to income tax payment deadline."

 

all concerned revenue personnel are hereby informed and guided that all AABs have been reminded to open bank operations on April 1, 2017 and April 8, 2017. Moreover, and considering that April 15, 2017 falls on a Black Saturday, they are also advised to extend the banking hours from 3:00 P.M. to 5:00 P.M. for the period April 1 to April 17, 2017, for purposes of accepting tax payments.

 

Please refer: http://www.bir.gov.ph/images/bir_files/internal_communications_2/RMCs/RMC%20No%2012-2017.pdf of the full text of RMC No. 12-2017.

 

 

Prescribe Format for the Certificate of Availment / Approval and Notice of Denial Relative to Application for Compromise Settlement and / or Abatement of Penalties

The BIR has issued Revenue Memorandum Order (RMO) No. 3-2017 recently amending further the Prescribe Format for the Certificate of Availment / Approval and Notice of Denial Relative to Application for Compromise Settlement and / or Abatement of Penalties Pursuant to Section 204 of the Tax Code, as Amended.

It is stated in the RMO that all approved applications for compromise settlement and / or abatement of penalties shall be issued Certificate of Availment (CA) following the prescribed format as per attached Annexes "A" and "B", while denied applications shall be issued Notice of Denial (ND) following prescribed format as per attached annexes "C" and "D". 

Both CA and ND shall be included as accountable forms of the Bureau.

The RMO dated February 1, 2017 takes effect immediately.

Please refer http://www.bir.gov.ph/images/bir_files/internal_communications_3/Full%20Text%20of%20RMO%202017/RMO%20No.%203-2017.pdf of the full text of RMO No. 3-2017.

File Formats and Submission of Semestral List of Regular Suppliers by Top 20,0000 Private Corporations

Revenue Memorandum Circular (RMC) No. 5-2009 has issued by the bureau to inform the public about the File Formats and  Submission of Semestral List of Regular Suppliers by Top 20,000 Private Corporations per RR 17-2003, as amended by RR 14-2008.

Currently, the Semestral List of Regular Suppliers is submitted through CD at the Bureau of Internal Revenue (BIR) of the Private Corporation's jurisdiction on or before July 31 and January 31 for the first and second semesters of each calendar year, respectively. The company is also required to submit hard copy of the Semestral List of Regular Suppliers.

Taxpayers shall use either excel format or their own extract program which shall pass through the validation module to be issued by the BIR.

Technical Annex "B" - Technical Specification for Top 20,0000 Private Corporations required to submit Semestral List of Regular Suppliers:

Annex "C" - Transmittal Form for CDs. The Transmittal Form is use for the Submission of CD's of the Semestral List of Regular Suppliers.

SOURCE: http://www.bir.gov.ph/images/bir_files/old_files/pdf/43735rmc%20no.%205-2009.pdf

Revised Statement of Management's Responsibility (SMR)

The Securities and Exchange Commission (SEC) has issued notice recently that the Commission en Banc in its meeting held on January 26, 2017 resolved to issue Financial Reporting Bulletin (FRB) No. 20, Revised Statement of Management's Responsibility, the details of which are as follows:

In connection with the adoption of the new and revised auditor reporting standards, the standard form of SMR prescribed under Section 2 (B) of SRC Rule 68, as amended, is hereby revised to read as follows:

STATEMENT OF MANAGEMENT'S RESPONSIBILITY FOR FINANCIAL STATEMENTS

The management of (name of reporting company) is responsible for the preparation and fair presentation of the financial statements including the schedules attached therein, for the year(s) ended (date), in accordance therein, for the year(s) ended (date), in accordance with the prescribed financial reporting framework indicated therein, and for such internal control as management determines is necessary to enable  the preparation of financial statements that are free from material misstatement, whether due to fraud or error.

In preparing the financial statements, management is responsible for assessing the Company's ability to continue as a going concern, disclosing, as applicable matters related to going concern and using the going concern basis of accounting unless management either intends to liquidate the Company or to cease operation, or has no realistic alternative but to do so.

The Board of Directors (Trustees) is responsible for overseeing the Company;s financial reporting process.

The Board of Directors (Trustees) reviews and approves the financial statements including the schedules attached therein, and submits the same to the stockholders or members.

(Name of auditing firm), the independent auditor appointed by the stockholders, has audited the financial statements of the company in accordance with Philippine Standards on Auditing, and in its report to the stockholders or members, has expressed its opinion on the fairness of presentation upon completion of such audit.

Signature ________________________

Printed Name of the Chairman of the Board

Signature ________________________

Printed Name of Chief Executive Officer

Signature ________________________

Printed Name of Chief Financial Officer

Signed this _____ day of ________.

SOURCE: http://www.sec.gov.ph/wp-content/uploads/2017/02/2017NoticeFRBNo.20.pdf