Definition of Raw Cane Sugar for Purposes of the Imposition of Advance Business Tax

Revenue Regulations No. 8-2015 was issued by the BIR to amend Revenue Regulations No. 6-2015 on the Definition of Raw Cane Sugar for Purposes of the Imposition of Advance Business Tax (Value-Added Tax or Percentage Tax) and for Other Related Purposes.

Section 2 (a) of the revenue regulations, defines Raw Cane Sugar as the natural sugar extracted from sugarcane through simple mechanical process by pressing for the juice; boiled to crystallize; filtered using centrifuge to separate these crystals, and dried, resulting to crystallize brown sugar (brown color due to natural molasses content present in sugar cane): Provided, that is shall refer to raw cane sugar produced from conducting only one (1) stage of filtering and centrifugal without any other further process applied thereto, such as but not limited to washing , bleaching, etc.: Provided further, that its color is greater than 800 ICU and that its content of sucrose by weight in dry state corresponds to a polarimeter reading of less than 99.5 degree. 

Please refer http://www.bir.gov.ph/images/bir_files/internal_communications_1/Full%20Text%20RR%202015/RR%208-2015.pdf of the full text of Revenue Regulations No. 6-2015.

Joint Memorandum Circular Between the Bureau of Internal Revenue (BIR)and Land Registration Authority (LRA)

The Revenue Memorandum Circular No. 28-2015 was issued by the BIR of the Joint Memornadum Circular between the Bureau of Internal Revenue (BIR) and Land Registration Authority (LRA) signed on April 6, 2015 in Quezon City, Metro Manila, Philippines.

The circular shall cover all transactions involving transfer of real properties processed in the Registries of Deeds requiring the presentation of the eCAR, which shall be automatically verified using the PHILARIS prior to the processing of a transfer transaction.

The automated verification of the eCAR shall be implemented in the Registries of Deeds already using the PHILARIS for transaction processing, and where the corresponding BIR Office has started using the BIR eCAR System for the issuance of the eCAR.

The eCAR verification follows the general guidelines listed below:

1. BIR shall provide LRA with data relevant to an eCAR by directly updating LRA-BIR eCAR Database;

2. BIR shall issue an eCAR only after successfully updating the LRA-BIR eCAR Database;

3. The eCAR shall contain  a barcode, which shall be scanned at the Registry of Deeds for verification, after the entry into the Electronic Primary Entry Book of the eCAR as a supporting document of a transaction;

4. The eCAR presented shall be automatically validated against the data provided by BIR in the LRA-BIR eCAR Database, and only transactions that have validated eCARs shall be approved by the Registry of Deeds; and,

5. LRA shall provide BIR relevant data relating the eCAR to its corresponding Certificate of Title.

Please refer http://www.bir.gov.ph/images/bir_files/internal_communications_2/RMC%20No%2028-2015.pdf of the full text of RMC No. 28-2015.

Mandatory PhilHealth Coverage of Senior Citizens

Philhealth Circular no. 006-2015 was issued by Philippine Health Insurance Corporation (PHILHEALTH) implementing guidelines for the Mandatory Philhealth Coverage of Senior Citizens pursuant to Republic Act No. 10645 (Revision 1).

Republic Act No. 10645 was signed into law by His Excellency, President Benigno S. Aquino III, on November 5, 2014. The Law amended Republic Act No. 7432, as amended by Republic Act No. 9257 and further amended by Republic Act No. 9994, otherwise known as the "Expanded Senior Citizen Act of 2010".

Section 5, sub-paragraph h(2) of Republic Act No. 7432, as amended, was further amended to read as follows:

"(2) Mandatory Philhealth Coverage

All senior citizens shall be covered by the national health insurance program of PhilHealth. Funds necessary to ensure the enrollment of all senior citizens not currently covered by any existing category shall be sourced from the National Health Insurance Fund (NHIF) of PhilHealth from proceeds of Republic Act No. 10351, in accordance with the pertinent laws and regulations".

Please refer http://www.philhealth.gov.ph/circulars/2015/circ06_2015.pdf of the full text of Philhealth Circular no. 006-2015.

Imposition of Advance Business Tax (Value-Added Tax [VAT] or Percentage Tax) on Raw Sugar and Refined Sugar

Last month, there was an increase of retail prices of sugar in the market due to the the issuance of Revenue Regulations (RR) No. 6-2015 dated March 31, 2015 and other related factors.

After the issuance of the regulations, Revenue Memorandum Circular (RMC) No. 25-2015 was recently issued by the Bureau of Internal Revenue (BIR) to clarify, through questions and answer, certain issues.

One of the questions was:

1. What is the advance business tax (VAT) or percentage tax) treatment on the physical inventories of raw sugar and refined sugar held in possession by the miller/sugar refinery at the time of effectivity of RR No. 6-2015 on May 1, 2015?

Answer.: The physical inventories of raw sugar and refined sugar covered by Quedans dated before May 1, 2015 are not subject to the imposition of the advance business tax (VAT or percentage tax).

Please refer http://www.bir.gov.ph/images/bir_files/internal_communications_2/RMC%20No%2025-2015.pdf of the other questions and answers and the full text of RMC No. 25-2015.

Facilities and Privileges of Relatively Small Value

Per Revenue Regulations (RR) No. 2-98, Sec. 2.78.1 (A) (3),:

Facilities and privileges of a relatively small value. - Ordinarily, facilities and privileges (such as entertainment, medical services, or so called "courtesy"discounts on purchases), furnished or offered by an employer to his employees generally, are not considered as compensation subject to withholding if such facilities or privileges are relatively small value and are offered or furnished by the employer merely as a means of promoting the health, goodwill, contentment, or efficiency of his employees.

Steps In Enrolling eBIRForms System

Taxpayers who are mandated to use eBIRForms under Items No. 5 and 6 of Revenue Memorandum Circular (RMC) No. 20-2015 are required to enroll with the eBIRForms System.

Steps in Enrolling eBIRForms System is with details as follows:

Step 1:Access BIR website at www.bir.gov.ph using your internet browser.
Step 2: Click eServices.
Step 3: Click eBIRForms
Step 4: Click Online eBIRForms System https://ebirforms.bir.gov.ph/
Step 5: eBIRForms online enrollment form appears. Click Sign-up and complete the required fields on the Enrollment Form Page. Then, click on the "Submit" button.
Step 6. Print the email enrollment notification.
Step 7. Go to your Revenue District Office (RDO) and present account activation requirements (printed e-mail enrollment notification, 2 valid IDs and Letter of Intent)

Are Only Taxpayers Duly Registered With The Large Taxpayers Service (LTS) Required To Comply With The Requirements of RR No. 2-2015?

Revenue Memorandum Circular (RMC) No. 24-2015 was issued by the BIR for the clarification on the Pertinent Provisions of Revenue Regulations (RR) No. 2-2015 More Particularly On the submission of Scanned Copies of BIR Form Nos. 2307 and 2316.

One of the questions of the circular was, are only taxpayers duly registered with the Large Taxpayers Service (LTS) required to comply with the requirements of RR No. 2-2015?

Answer: No. Sec. 3 of RR No. 2-2015 clearly states that any non-LTS taxpayer duly registered under the RDO may, at its/his/her option, comply with the said requirements. However, the non-LTS registered taxpayer shall no be allowed thereafter to submit, in hard copies, BIR Form Nos. 2307 and 2316 once the said taxpayer opted to adopt the requirements persecribebe under RR No. 2-2015.

Please refer http://www.bir.gov.ph/images/bir_files/internal_communications_2/RMC%20No%2024-2015.pdf of the full text in PDF format of RMC No. 24-2015.

Submission of Attachments (DAT Files) For MAP, SAWT, Annual Alphalist, SLSP On eBIRForms Online Filing

Revenue Memorandum Circular No. 19-2015 was issued by the BIR to clarify the Frequently Asked Questions (FAQs) Relative to the Implementation of the Electronic Platform in Filing Tax Returns under efPS or eBIRForms for filing Income Tax Returns for Calendar Year 2014 Due on or before April 15, 2015, and others.

Some of the questions was:

Do you still need to submit the printed form after eFiling to the RDO or AAB? How about attachment?

Answer. If you electronically file and electronically pay using eBIR Forms or eFPS without any attachments required, you don't need to submit anything to the RDO/LTDO/LT Office. However, if there are required attachments in your income tax returns, you shall submit to the RDO/LTDO/LT Office within fifteen (15) days from the date of eFiling.

For eFPS: a. Printed copy of Tax Returns with Filing Reference Number (FRN) Page; and b. Required attachments

For eBIRForms: efile and ePay (upon availability) / eFile and manually pay: a. Printed copy of the return with the eMail Notification Page received; and b. Required attachments

If there are other attachments to be submitted such as Summary Alphalists of Withholding Tax (SAWT), Monthly Alphalists of Payees (MAP) required under BIR Form Nos. 1600, 1601E, 1601F, it shall prepared using the Data Entry Module or Summary List of Sales/Purchases/Importation (SLSP) for all VAT taxpayers in BIR Form No. 2550@ prepared using the RELIEF of the BIR and submitted via email to: esubmission@bir.gov.ph

Please refer http://www.bir.gov.ph/images/bir_files/internal_communications_2/rmc_no_19-2015.pdf of the full text of RMC 19-2015.

However, the hard copies of BIR Form No. 2307 - Certificate of Creditable Tax Withheld At Source should be kept in your file that will be use as a proof of evidence for such Tax Credits in case of investigation. 

Alternative Mode In The Filing of Several BIR Returns Using The ELECTRONIC PLATFORMS Of The BIR and Re-efiling Of All Other Forms

Revenue Memorandum  Circular No. 26-2015 was issued by the Bureau of Internal Revenue (BIR) to provide guidelines in the filing of various BIR Forms listed below using the ELECTRONIC PLATFORMS of the BIR who are mandated to use eBIRForms System.

Those taxpayers filing with payment or no payment using the Offline eBIRForms of the said forms shall follow the same procedures in Annex D of RMC 14-2015 and efile by the attaching xml file to email. After validating the tax return, click "FINAL COPY', open the directory "C:\eBIRForms\IAF_RDO_Copy\" in the computer. Look for the xml file of the encoded tax return form with the following naming convention:

If return is with payment, print eMail Notification as evidence of efiled return from the BIR and the tax return, then proceed to Authorized Agent Bank (AAB)/Collection Agent for manual payment following existing procedures.

Those taxpayers mandated to use eFPS after several attempts of unsuccessful efiling, must print evidence/proof thereof (print screen with the message as given by the system). Further, to protect them from penalties to be imposed in the future, they should:

a. Report/call HELPDESK and get Trouble Tocket Log on or before the due date; or

b. Report to BIR CONTACT CENTER 981-8888 and get Reference Number of the call.

But, they should manually file and manually pay on o before the due date following existing procedures. They should file on or before the due dates of the respective returns and attach the proof of unsuccessful eFPS attempts, then RE-FILE ELECTRONICALLY within fifteen (15) days after the statutory deadline set for  the relevant returns starting return period April 2015 which will be filed May 2015. 

Please refer http://www.bir.gov.ph/images/bir_files/internal_communications_2/RMC%20No%2026-2015.pdf of the full text of RMC 26-2015.

SEC Satellite Office - SM City Manila Is Now Open

Did you know that the Securities and Exchange Commission (SEC) Satellite Office-SM City Manila is now open at the 4th Floor Government Service Express Center, SM City Manila?

Based on SEC Notice, operation hours is from Mondays to Fridays from 10:00 a.m. to 6:00 p.m. and offer the following services:

1. Verification and reservation of corporate and partnership names;

2. Pre-processing of registration applications of corporations and partnerships;

3. Pre-processing of applications for amendments;

4. Monitoring of corporations on their compliance with their reportorial requirements;

5. Releasing of Certificates of Registration and approval; and

6. Receiving of General Informal Sheets (GIS) and Audited Financial Statements (AFS).

Please refer the http://www.sec.gov.ph/docs_home/Satellite_Office_SM_Manila.pdf of the SEC NOTICE.