Philippines-Germany tax treaty

The bureau has issued Revenue Memorandum Circular No. 15-2016 about the renegotiated Agreement between the Republic of the Philippines and the Federal Republic of Germany of the Avoidance of Double Taxation with Respect to Taxes on Income and on Capital ('Philippines-Germany tax treaty") has entered into forced on December 18, 2015.

The treaty shall have effect in respect of taxes covered by the said tax treaty, including taxes withheld at source, for any taxable period beginning on or before the first day of January 2016.

For this purpose the concerned German resident income earner or an authorized representative of the latter should file a duly accomplished BIR Form No. 1901 (Application for Relief from Double Taxation) together with the required documents specified at the back of the form, pursuant to Revenue Memorandum Order (RMO) No. 72-2010.

Source:http://www.bir.gov.ph/images/bir_files/internal_communications_2/RMCs/RMC%20No%2015-2016.pdf

eBIRForms Package v6.1 (New) Is Now Available

The BIR just issued the new version of eBIRForms Package from v6.0 to v6.1.

To download the Offline eBIRForms Package v6.1, just click the following link:

http://ftp.pregi.net/bir/ebirforms_package_v6.1.zip

The Electronic Bureau of Internal Revenue Forms (eBIRForms) was developed primarily to provide taxpayers with an alternative mode of preparing and filing tax returns that is easier and more convenient. The use of eBIRForms by taxpayers will improve the BIR's tax return data capture and storage thereby enhancing efficiency and accuracy in the filing of tax returns. Through the use of the downloadable eBIRForms Software Package (also known as the Offline Package), taxpayers and Accredited Tax Agents (ATAs) will be able to fill up tax returns offline and submit it to the BIR through the Online eBIRForms System.

Offline eBIRForms PackageThe Offline eBIRForms Package is a tax preparation software that allows taxpayers and ATAs to accomplish or fill up tax forms offline. Instead of the conventional manual process of filling up tax returns on pre-printed forms that is highly susceptible to human error, taxpayers/ATAs can directly encode data, validate, edit, save, delete, view, print and submit their tax returns. The package can do automatic computations and has the capability to validate information encoded by taxpayers/ATAs. After filling out the forms in this package, taxpayers/ATAs can submit it to the Online eBIRForms System.

To download the Offline eBIRForms Package v6.1 click here.

To download the new eBIRForms Package v6.3:

http://philippinetaxtalk.blogspot.com/2017/04/ebirforms-package-v63-new-version.html

List of Documentary Requirements for the Registration of Self-Employed Individuals, Estates and Trust and their Branches with the BIR

Few months ago, the bureau has issued Revenue Memorandum Circular No. 37-2016 updating the List of Documentary Requirements for the Registration of Each Type of Application under "Annex" of Revenue Regulations (RR) No. 7-2012, as amended by Revenue Memorandum Circular (RMC) No. 70-2013.

The List of Documentary Requirements of Self-Employed Individuals, Estates and Trusts and their Branches is with details as follows:

For Self-employed, Professionals, Mixed Income Earners

1. Photocopy of Mayor's Business Permit (or duly received Application for Mayor's Business Permit, if the former is still in process with the LGU) and /or PTR issued by the LGU; and

2. Original or Certificate True Copy of NSO Birth Certificate of the Applicant;

Additional documents if applicable:

1. DTI Certificate of Registration of Business Name, if a business trade name shall be used;

2. Proof of Ownership /Legal Possesion (Original copy for presentation only);

2.1 If the place of business is OWNED - Photo copy of Official Receipt of Real Property Tax (Current Year); or Transfer/Original Certificate of Title (TCT/OCT);

2.2 If the place of Business is RENTED - Photocopy of Contract of Lease and Lessor's Permit; and

2.3 If place of business is NO RENTAL or FREE OF USE - Consent from the owner with ID and proof of ownership.

3. Contract of Service;

4. Two (2) valid Government-Issued IDs (for professionals not registered with PRC or other Regulatory Body such as consultants, insurance agents and similarly situated) or Barangay Clearance in lieu thereof;

5. Certificate of Authority, if Barangay Micro Business Enterprises (BMBE) registered entity;

6. Proof of Registration/Permit to Operate with Board of Investment (BOI)/Board of Investment for Autonomous Region for Muslim MIndanao (BOI-ARMM), Philippine Export Zone Authority (PEZA), Bases Conversion Development Authority (BCDA) and Subic Bay Metropolitan Authority (SBMA);

7. Sworn Statement of Capital;

8. Marriage Contract;

9. Waiver of husband on his right to claim additional exemptions, if wife claims; and

10. Original NSO Birth Certificate of declared dependents or Certified True Copy of Birth Certificate with Civil Registry Number (for dependents newly born from July to December of the current year) may be accepted, if any.

For Non-Residents

1. In addition to the above applicable requirements, a Working Permit.

For Franchise Holders/Franchisees

1. In addition to the above applicable requirements, a photocopy of the Franchise Agreement.

For Trust

1. In addition to the requirements enumerated under "1" to "10" above, a photocopy of the Trust Agreement.

For Estate (under judicial settlement) 

1. In addition to the requirements enumerated under "1" to "10" above, a photocopy of the Death Certificate of the deceased and notarized Judicial Settlement.

In the case of registration of Branch/Facility types:

1. Copy of the Certificate of Registration (COR) of the Head Office for facility types to be used by the Head Office and COR of the branch for facility types to be used by the Head Office and COR of the branch for facility types to be used by a particular branch;

2. Mayo's Business Permit or duly received Application for Mayor's Business Permit, if the former is still in process with the LGU;

3. DTI Certificate of Registration of Business Name, if a business trade name shall be used, if applicable; and 

4. . Proof of Ownership /Legal Possesion (Original copy for presentation only);

4.1 If the place of business is OWNED - Photo copy of Official Receipt of Real Property Tax (Current Year); or Transfer/Original Certificate of Title (TCT/OCT);

4.2 If the place of Business is RENTED - Photocopy of Contract of Lease and Lessor's Permit; and

4.3 If place of business is NO RENTAL or FREE OF USE - Consent from the owner with ID and proof of ownership.

Source: http://www.bir.gov.ph/images/bir_files/internal_communications_2/RMCs/RMC%20No%2037-2016.pdf

Documentary Requirements for the Registration of Employees with BIR

The bureau has issued Revenue Memorandum Circular (RMC) No. 37-2016 dated March 22, 2016 updating the List of Documentary Requirements for the Registration of Each Type of Application under "Annex A" of Revenue Regulations (RR) No. 7-2012, as amended by RMC No. 70-2013.

Below is the List of Documentary Requirements for the Registration of Employees with BIR:

1. Local Employees

1.1 Original or Certified True Copy of NSO Birth Certificate of the applicant;

1.2 Marriage contract, if applicable;

1.3 Waiver of Husband on his right to claim additional exemptions, if wife claims; If the husband wants to reacquire from his wife the privilege of claiming the additional exemption for the dependent children, he shall execute a cancellation of the previously executed waiver of the privilege to claim additional exemptions in favor of the wife, which Notice of Cancellation of Waiver of the Privilege of Claiming the Additional Exemptions shall be filled separately, together with the registration update form, with the RDOs having jurisdiction over the registration of the husband and of the wife.

1.4 Original NSO Birth Certificate of declared dependents or Certified True Copy of Birth Certificate with Civil Registry Number (for dependents newly born from July to December of the current year) may be accepted, if any.

2. Alien Empoyees

2.1 Passport; and

2.2 Working Permit

Please refer: http://www.bir.gov.ph/images/bir_files/internal_communications_2/RMCs/RMC%20No%2037-2016.pdf of the full text of RMC No. 37-2016.

SEC Financial Statement Templates

I. Instructions 

A. The GFFS and SFFS in electronic format shall be submitted within thirty (30) days from the last day of submission of the Annual Audited Financial Statements (AAFS). SEC Memorandum Circular No. 6 s. 2006 is applicable to the following:

1. SEC-registered domestic stock corporations with annual gross sales or gross revenue of at least Five Million Pesos (P5,000,000.00);

2. Investment Companies and Publicly-held Companies enumerated in Section 17.2 of the Securities Regulation Code;

3. Investment Houses or Underwriters of Securities;

4. Pre-Need Plan Companies;

5. Brokers/Dealers in Securities; 

6. Financing Companies;

7. Investment Company Advisers;

8. Government Eligible Securities Dealers (GSED);

9. Transfer Agents;

10.All other market participants and self-regulatory organizations (e.g. Exchanges, Alternative Trading Systems, and Clearing Houses).

B. The Treasurer, Chief Financial Officer, or a person occupying an equivalent rank in the company, shall certify under oath that, except for certain details/breakdowns required in the GFFS and SFFS, the Generally Accepted Accounting Principles in the Philippines (GAAP) prescribed accounts and figures provided in electronic documents are based on the contents of the AAFS submitted to SEC.

C. Banks, Insurance companies, non-stock corporations, branch and representative offices of foreign corporations, and regional headquarters and regional operating headquarters of multinational corporations are not covered by this Memorandum Circular, and therefore, not required to submit the GIS, GFFS, and SFFS in diskette or CD.

D. Pursuant to SRC Rule 68, corporations with subsidiaries are required to submit to the Commission both their parent and consolidated GFFS or SFFS, the figures of which shall be based on the audited financial statements. Each FS shall clearly indicate whether it is the “Parent” or “Consolidated” GFFS or SFFS.

E. Corporations that qualify as Non-Publicly Accountable Entities under Philippine Accounting Standard 101, which will avail themselves of the temporary relief provided therein, are allowed to use the old GFFS template during the first year of implementation of SEC Memorandum Circular No. 6 s. 2006.

II. Downloadable Templates

Revised GFFS - applicable to corporations not covered by any industry-specific SFFS. Blank spaces are provided in this form to allow companies to indicate accounts which are peculiar to their industry or business; and,

Revised GFFS:

* BDFS - applicable to Broker/Dealer in Securities

* FCFS (including schedules) - applicable to Financing Companies (Head Office with Branch Office/s Accounts)

* IHFS - applicable to Investment Houses and Underwriters of Securities

* PHFS - applicable to Investment Companies and Publicly-Held Companies enumerated in Section 17.2 of the Securities Regulation Code (SRC)

* PNFS - applicable to Pre-Need Plan Companies

Copied from: http://www.sec.gov.ph/download/fs_form.html

SEC General Information Sheet (GIS) Templates

Corporations are required to submit General Information Sheet (GIS) to Securities and Exchange Commission (SEC) to avoid penalties for non-submission and GIS may be used as evidence against the corporation and its responsible directors/officers for any violation of existing laws, rules and regulations.

General Instructions

1. For user corporation: this GIS should be submitted within thirty (30) calendar days from the date of the annual stockholders' meeting. Do not leave any item blank. Write "n.a." if the information required is not applicable to the corporation or "none" if the information is non-existent.

2. If no meeting is held, the corporation shall submit the GIS together with an affidavit of non-holding of meeting within thirty (30) calendar days from the date of the scheduled annual meeting (as provided in the by-laws). However, should an annual stockholders' meeting be held thereafter, a new GIS shall be submitted/filed.

3. This GIS shall be accomplished in English and certified and sworn to by the corporate secretary of the corporation.

4. The SEC should be timely apprised of relevant changes in the submitted information as they arise. For changes resulting from actions that arose between the annual meetings, the corporation shall submit only the affected page of the GIS that relates to the new information together with a cover letter signed by the corporate secretary of the corporation. The page of the GIS and cover letter shall be submitted within seven (7) days after such change occurred or became effective.

5. Submit five (5) copies of the GIS to the Central Receiving Section, Ground Floor, SEC Bldg., EDSA, Mandaluyong City. All copies shall uniformly be on A4 or letter-sized paper with a standard cover page. The pages of all copies shall use only one side. Corporations submitting a copy of their GIS online or via internet shall submit one (1) hard copy of the GIS, together with a certification under oath by its corporate secretary that the copy submitted online contains the exact data in the hard copy.

6. Only the GIS accomplished in accordance with these instructions shall be considered as having been filed.

7. This GIS may be used as evidence against the corporation and its responsible directors/officers for any violation of existing laws, rules and regulations. 

GIS for Foreign Corporation

General Instructions

1. For user corporation: this GIS shall be submitted within thirty (30) calendar days from the anniversary date of the issuance of the SEC License. Do not leave any item blank. Write "N.A." if the information required is not applicable or "none" if the information is non-existent.

2. This GIS shall be accomplished in English and certified and sworn to by the resident agent of the corporation.

3. Submit five (5) copies of the GIS to the Central Receiving Section, Ground Floor, SEC Bldg., EDSA, Mandaluyong City. All copies shall be on A4 or letter-size paper with the standard cover sheet. The pages of all copies shall use only one side.

4. Corporations submitting a soft copy of their GIS shall submit four (4) hard copies of GIS, together with a certification under oath by its resident agent that the soft copy contains the exact data in the hard copies.

5. Only the GIS accomplished in accordance with these instructions shall be considered as compliant with existing rules and regulations.

6. This GIS may be used as evidence against the corporation and its resident agent/officer(s) for any violation of existing laws, rules and regulations. 

GIS for Regional Operating Headquarters and Regional Headquarters of Multinational Companies

General Instructions

1. For user corporation: this GIS shall be submitted:

a. Within thirty (30) days after the issuance of the sec certificate of registration and license and

b. Within thirty (30) days from the anniversary date of the issuance of the sec certificate of registration and license. Do not leave any item blank. Write "N.A." if the information required is not applicable or "none" if the information is existent.

2. This GIS shall be accomplished in English and certified and sworn to by a responsible officer of the multinational company.

3. Submit five (5) copies of GIS to the Central Receiving Section, Ground Floor, SEC Bldg, EDSA, Mandaluyong City, all copies shall be on A4 or letter-size paper with the standard cover sheet. The pages of all copies shall use only one side.

4. Corporations submitting a soft copy of their GIS shall submit four (4) copies of the GIS, together with a certification under oath by its responsible office that the soft copy contains the exact data in the hard copies thereof.

5. Only the GIS accomplished in accordance with these instructions shall be considered as compliant with existing rules and regulations.

6. This GIS may be used as the evidence against the multinational company and its responsible officer for any violation of existing laws, rules and regulations.

To download, click: http://www.sec.gov.ph/download/Forms/gis/gis%20forms%20-%20updated%20september%2025%202013.zip (Zip) (Updated 25 September 2013)

Source: http://www.sec.gov.ph/download/gis_form.html

Documentary Requirements for Securing Permit to Use Computerized Accounting System (CAS)/Computerized Books of Accounts (CBA) and/or its Components

The Documentary Requirements for Securing Permit to Use Computerized Accounting System (CAS)/Computerized Books of Accounts (CBA) and/or its Components is stated in 9.2 of Revenue Memorandum Circular (RMC) No. 37-2016 with details as follows:

1. Duly accomplished BIR Form No. 1900;

2. Photocopy of Previously Issued Permit to Use CAS/CBA and/or components, if applicable;

3. Proof of Ownership or License Agreement, whichever is applicable;

4. Location map of the place of business;

5. List of branches that will use CAS/CBA and/or its components, if any;

6. Certification that the branch(es) use the same CAS/CBA and/or its components with that of the Head Office, if applicable;

7. Additional requirements in case of affiliated companies/sister companies, franchisees and branches: a. Photocopy of previously issued permit of mother/sister company, another branch using the same system, if applicable; b. Certification from the NAB which previously evaluated the approved system, if applicable.

Please refer http://www.bir.gov.ph/images/bir_files/internal_communications_2/RMCs/RMC%20No%2037-2016.pdf of the full text of RMC No. 37-2016.

Documentary Requirements for Securing Permit to Use Manual Loose Leaf Books of Accounts/Receipts and Invoices

The Documentary Requirements for Securing Permit to Use Manual Loose Leaf Books of Accounts/Receipts and Invoices is stated in  9.1 of Revenue Memorandum Circular (RMC) No. 37-2016 with details as follows:

1. Letter of request to use Manual Loose Leaf Books of Computerized Books of Accounts/Official Receipts or Sales Invoices;

2. Application for Permit to Use Manual Loose Leaf/Computerized Books of Accounts/Official Receipts or Sales Invoices; and

3. Sample Format and print-out to be used.

Please refer http://www.bir.gov.ph/images/bir_files/internal_communications_2/RMCs/RMC%20No%2037-2016.pdf of the full text of RMC  No. 37-2016.

Documentary Requirements of Cancellation of TIN/Registration

The Documentary Requirements for the Cancellation of Tax Identification Number (TIN)/Registration has stated in Revenue Memorandum Circular (RMC) No. 37-2016, VI, C.:

1. Notice of closure or cessation of business;

2. Notice of Death and Death Certificate, in case of death of an individual;

3. Estate Tax Return of the decedent, if applicable;

4. List of ending inventory of goods, supplies, including capital good;

5. Inventory of unused sales invoices/official receipts (SI/OR);

6. Unused sales invoices/official receipts and all other unutilized accounting debit/credit memos, delivery receipts, purchase orders, etc.) shall be physically submitted to the RDO where the Head Office is registered or where the Authority to print (ATP) was secured;

7. All business notices and permits as well as the COR shall be surrendered for cancellation; and

8. Other documents necessary to support the changes applied for.

Please refer http://www.bir.gov.ph/images/bir_files/internal_communications_2/RMCs/RMC%20No%2037-2016.pdf of the full text of RMC No. 37-2016.

Documentary Requirements for New Registration of Books of Accounts

The bureau has issued Revenue Memorandum Circular (RMC) No. 37-2016 for the update of the List of Documentary Requirements for the Registration of Each Type of Application under "Annex A" of Revenue Regulations (RR) No. 7-2012, as Amended by Revenue Memorandum Circular (RMC) No. 70-2013.

It is stated in circular of the Documentary Requirements for New Registration of Books of Accounts with details as follows:

Manual Books of Accounts

1. New sets of permanently bound books of accounts;

2. Official Appointment Book (for Professionals only); and

3. Current year proof of payment - Annual Registration Fee (BIR Form No. 0605).

Manual Loose-Leaf Books of Accounts and/or Official Receipts or Sales Invoices

1. Permit to Use Loose-Leaf Book of Accounts and/or Official Receipts or Sales Invoices;

2. Permanently bound Loose Leaf Books of Accounts and/or Official Receipts or Sales Invoices;

3. Affidavit attesting the completeness, accuracy and correctness of entries in Books of Accounts and/or Official Receipts or Sales Invoices and the number of Loose Leaf used for period covered; and

4. Current year proof of Payment - Annual Registration Fee (BIR Form No. 0605).

Computerized Books of Accounts

1. Computerized Accounting System (CAS)/Computerized Books of Accounts (CBA) and/or its Components Permit;

2. DVDs containing Electronic Books of Accounts and Records. The DVDs should be properly authenticated and its labels duly signed by the responsible official(s) of the company who are required to sign the tax returns under the Tax Code, using a permanent marker.

3. Affidavit attesting the completeness, accuracy and appropriateness of the computerized accounting books/records, in accordance with the keeping of books of accounts and records for internal revenue tax purposes; and

4. Current year proof of Payment - Annual Registration Fee (BIR Form No. 0605).

Please refer http://www.bir.gov.ph/images/bir_files/internal_communications_2/RMCs/RMC%20No%2037-2016.pdf of the full text of RMC No. 37-2016.