KIM MUST NOT PLAY WITH FIRE. IT BURNS TAXPAYERS!
by Emelino T Maestro, Father of Tax Accounting, Tax Guru
Dec 24, 2013 #RR182013dueprocessrequirements
The implementation of RR 18-2013 that changes the legal proceedings in preparing and issuing deficiency tax assessments and protesting them shall commence on January 6, 2014.
Doble kara as it is being called now means that RR 18-2013 solved an existing problem but created another monster.
The good news about it is that it deleted the preparation and use of the so-called Notice for Informal Conference wherein the unsuspecting taxpayers are required to explain the contents of the said Notice for Informal Conference although the requirement is to have the framer of it to explain the same to the said taxpayer, require the taxpayer to check and verify the facts and figures stated therein even if the legal proceedings is for its framer to show his working papers and evidences that lead to the preparation of the said Notice for Informal Conference. In short, the Notice for Informal Conference was being used not only to get vital information from the stressed-out taxpayer but also to create burden and chaos in the mind and heart of the poor taxpayer that most of the times lead to negotiated arrangements. These negotiated arrangements are so detrimental to the Republic of the Philippines for the correct amount of taxes had been deprived to it but most alarming is that the taxpayer who believes that giving handsome bride to these stupid revenue officers would stop once and for all may later on realise that it is just the beginning of the yearly harassment/oppression and bribing of revenue officers belong to the group called 'Revenue District Office'
The bad news about it is that Kim, being known to be a very bright lawyer by choice, became so careless when she framed that if a taxpayer who received a preliminary assessment notice (PAN) failed to file a valid protest against it, he shall be considered in default. Being in default, the formal letter of demand and final assessment notice (FLD/FAN) shall be prepared to him. However, if he was able to file a valid protest within the reglamentary period, the FLD/FAN shall still be prepared and served to him.
What laws did Kim and his boss, Hon Purisima violate?
In 1985, the due process says that when a taxpayer filed a valid protest against PAN, the Chief Assessment Division (CAD) shall check if the protest concerns a question of law or a question of facts. If it is a question of law, the CAD would refer it to the Chief Legal Division (CLD) for appropriate action else to the Revenue District Officer (RDO) for the ascertainment of facts. This almost 28 year due process requirement was totally deleted without public hearing. An act that is contrary to the provisions of the 1987 Administrative Code and New Civil Code.
Secondly, to ignore a protest, whether valid or not valid, is an act that is also contrary to the provisions of Republic Act No. 9485 (Anti-Red Tape Act). It is stated therein that all government and public officials and employees shall inform and advise, in writing, the public of their actions on any petition, request, etc that the public filed to his office.
Thirdly, the 1987 Administrative Code says that if a petition is filed to a government agency, its officials and employee shall render a decision or resolution based on facts and laws. No where therein that allows Kim and Cesar to do either a misfeasance or nonfeasance. They must always render a resolution within 10 days from the receipt of the protest.
Fourthly, as ETM recognises the power of Kim to solely interpret the laws of taxation (NIRC), her power is limited to the laws that she must interpret. Meaning, if there is a law to be interpreted, then interpret the said law. If the law is too simple and cannot be mistakenly understood, then, there is nothing to be interpreted. Furthermore, if there is no law to be interpreted, thus, don't be interpret nothing. AS AN ETM SUGGESTION, KIM MUST NOT INTERPRET IF THERE IS NOTHING TO INTERPRET.
Finally, Kim as a lawyer and CPA should abide by her Oath of Office that is she must uphold the said Constitution. The said provision of RR 18-2013 which she pursued is unconstitutional because it violated the provision of the 1987 Philippine Constitution, 'THE RULE OF TAXATION MUST BE UNIFORM AND EQUITABLE." It is not only not "uniform" or not in conformity with the legal system/due process requirements of the Philippines but most importantly, it is not "equitable" and beneficial to the taxpaying public.
Kim and Cesar must revisit it and change it to be in harmony with the existing body of laws.
To all taxpayers, let us unite. Collectively, let us file a class suit against Kim and Cesar at the proper forum. Together let us challenge it at the Regional Trial Court by way of filing a Declaratory Relief.
If you are at the side of the taxpaying public, join and announce that Emelino T Maestro and his group would be happy to represent you and your friends against tyrants and terrorists.
Call 0998 797 3922 or 0922 801 0922
Place your name, mobile and email at the comment portion hereof so that we can call and advise you once we have the required number to challenge to monsters of our democratic society.
please click this link to register for Understanding the Secrets of BIR Letter of Authority “https://www.facebook.com/events/735100689835797/”
please click this to register for How to Handle Properly the BIR Tax Mapping “https://www.facebook.com/events/497248617061444/”
please click this link to register for Tax Accounting for Retailer, Wholesaler, Dealer, etc - Davao City “https://www.facebook.com/events/1375765729347105/”
please click this link to register for Tax Accounting for Retailer, Wholesaler, Dealer, etc - GenSan City “https://www.facebook.com/events/502673169845983/”
a privileged communication and ETM beliefs and conviction
Ignorance is the basic foundation of graft and corruption. The BIR-corrupt brigade is maximizing its full potential and profitability. Fishes find strength, courage and competence in numbers. They had conquered their predators/enemies by grouping together in order to make them bigger than their enemies. You too can become bigger than the fear that lingered in your minds and hearts. Join 'JuanTALKS' now and share your knowledge and experiences to other Filipinos.
Tuesday, 24 December 2013
Suspension of BIR audit and tax mapping
Alas! Kim Henares, the one of its kind Specie, played once again a Santa Clause because with the stroke of her pen, she declared that effective December 16, 2013 up to January 5, 2014, all revenue officials and employees are prohibited to conduct or continue their field audit and other investigative works…. Oooops, not so fast… the audit and investigation of your operations shall still be pursued if you are under the following circumstances or cases, viz;
1. your tax case is prescribing
2. you are a government agency or GOCC
3. you are in the 'tiange' operations
4. you are retiring from business
5. you are requesting for the issuance of CAR
6. other cases that Kim may authorise
Hail the Mother of a New Specie…
This is a privileged communication and shall be considered as ETM-belief. Thanks….
1. your tax case is prescribing
2. you are a government agency or GOCC
3. you are in the 'tiange' operations
4. you are retiring from business
5. you are requesting for the issuance of CAR
6. other cases that Kim may authorise
Hail the Mother of a New Specie…
This is a privileged communication and shall be considered as ETM-belief. Thanks….
Problems of Graduating Students (Philippines)
PROBLEMS OF GRADUATING STUDENTS
by Emelino T Maestro, Father of Tax Accounting, Tax Guru
Dec 17, 2013, #Undergraduatesfortaxation
When I was a freshly graduate from Pamantasan ng Lungsod ng Maynila 28 years ago, I learned early enough that to be employed immediately and getting my desired salary would only just be a dream because I was in the bottom of the list of candidates who would be hired due to the fact that my fellow fresh graduates (1) who came from prestigious schools like Ateneo, La Salle or UP, (2) who either has a latin honor or came from the top of his class, and (3) who already passed the licensure exams are overflowing on the priority list. Ending, I accepted a 37.50 pesos/day job (when the minimum wage is already 64 pesos a day) as an accounting clerk cum messenger in a government owned and controlled corporation.
This scenario has never changed since then. Many of the graduating students may find themselves as a less desirable candidate for a job. Many also from those who graduated last year still have to find a job.
I cannot forget what the former Vice-President Salvador ‘Doy’ Laurel has said to a batch of graduating students long time ago. He said, ‘Kung pagpapatung-patungin ang librong pinabasa sa inyo, test papers na sinagutan ninyo at school projects na nilahukan ninyo, siguro aabot ito hanggang second floor ng PICC. Ang masakit nito ay katiting na katiting lang sa napag-aralan ninyo ang magagamit ninyo sa inyong hanapbuhay o totoong buhay.”
What he said is true yesterday and still true today.
The schools had taught you well the ability to think BUT IT DID NOT TEACH YOU HOW TO THINK AND ACT LEGALLY. We are in a society where the superiority of laws of State is overwhelming and encompassing. Your acts must always within its parameters else you would either be fined, imprisoned or deported. Law makes us civilized residents of the Philippines. And, without it, we are called ‘criminals’ or ‘fugitives’.
Saying so, it is better to advertise to your potential employers that (1) YOU KNOW THE LAW and (2) YOU CAN USE THE LAW EITHER TO SOLVE HIS PROBLEMS OR PREVENT POSSIBLE PROBLEMS TO OCCUR.
Most of the employers’ problems today arise from their ignorance of the Bureau of Internal Revenue’s rules and regulations. If you would only take a moment to study the cause and effect of their failure to comply with them. You would find yourself in the priority list of the desirables.
What is a CAREER AND BUSINESS OPPORTUNITY PROGRAM? It is systematic approach in increasing the corporate/business value of a would-be employee by way of aligning his knowledge and knowhow in solving the chronic and operational problems of his potential employer.
Every employer would like to know that the would-be employee had already and seriously immersed himself to the laws governing BIR’s tax mapping, inventory-taking, surveillance, tax evasion strategies, audit and investigation and deficiency tax assessments. When he sees that the latter had already undergone special seminar/course/training in the said field, the chance of being employed and getting the desired salary rate is within grasp.
The employer may see this as a substantial cash saving for him because he would no longer send the chosen employee to a tax training/seminar to understand the rules governing his business operations and the ratio of preparing a wrong and irrelevant report (in which a fine is imposable) that would be submitted to the BIR would be sufficiently addressed.
For all students who are graduating this year or graduated last year, MCM Trust Fund has a special offer to all of you. It would substantially reduce your investment fee if you would place your name, mobile and email address at the comment portion of this post. So that if there would be enough numbers to be taught about the rules governing the business of taxation, you would be properly informed.
Contact details:
Rico Colayco
0917 540 4629
Juliet
0998 979 3922
by Emelino T Maestro, Father of Tax Accounting, Tax Guru
Dec 17, 2013, #Undergraduatesfortaxation
When I was a freshly graduate from Pamantasan ng Lungsod ng Maynila 28 years ago, I learned early enough that to be employed immediately and getting my desired salary would only just be a dream because I was in the bottom of the list of candidates who would be hired due to the fact that my fellow fresh graduates (1) who came from prestigious schools like Ateneo, La Salle or UP, (2) who either has a latin honor or came from the top of his class, and (3) who already passed the licensure exams are overflowing on the priority list. Ending, I accepted a 37.50 pesos/day job (when the minimum wage is already 64 pesos a day) as an accounting clerk cum messenger in a government owned and controlled corporation.
This scenario has never changed since then. Many of the graduating students may find themselves as a less desirable candidate for a job. Many also from those who graduated last year still have to find a job.
I cannot forget what the former Vice-President Salvador ‘Doy’ Laurel has said to a batch of graduating students long time ago. He said, ‘Kung pagpapatung-patungin ang librong pinabasa sa inyo, test papers na sinagutan ninyo at school projects na nilahukan ninyo, siguro aabot ito hanggang second floor ng PICC. Ang masakit nito ay katiting na katiting lang sa napag-aralan ninyo ang magagamit ninyo sa inyong hanapbuhay o totoong buhay.”
What he said is true yesterday and still true today.
The schools had taught you well the ability to think BUT IT DID NOT TEACH YOU HOW TO THINK AND ACT LEGALLY. We are in a society where the superiority of laws of State is overwhelming and encompassing. Your acts must always within its parameters else you would either be fined, imprisoned or deported. Law makes us civilized residents of the Philippines. And, without it, we are called ‘criminals’ or ‘fugitives’.
Saying so, it is better to advertise to your potential employers that (1) YOU KNOW THE LAW and (2) YOU CAN USE THE LAW EITHER TO SOLVE HIS PROBLEMS OR PREVENT POSSIBLE PROBLEMS TO OCCUR.
Most of the employers’ problems today arise from their ignorance of the Bureau of Internal Revenue’s rules and regulations. If you would only take a moment to study the cause and effect of their failure to comply with them. You would find yourself in the priority list of the desirables.
What is a CAREER AND BUSINESS OPPORTUNITY PROGRAM? It is systematic approach in increasing the corporate/business value of a would-be employee by way of aligning his knowledge and knowhow in solving the chronic and operational problems of his potential employer.
Every employer would like to know that the would-be employee had already and seriously immersed himself to the laws governing BIR’s tax mapping, inventory-taking, surveillance, tax evasion strategies, audit and investigation and deficiency tax assessments. When he sees that the latter had already undergone special seminar/course/training in the said field, the chance of being employed and getting the desired salary rate is within grasp.
The employer may see this as a substantial cash saving for him because he would no longer send the chosen employee to a tax training/seminar to understand the rules governing his business operations and the ratio of preparing a wrong and irrelevant report (in which a fine is imposable) that would be submitted to the BIR would be sufficiently addressed.
For all students who are graduating this year or graduated last year, MCM Trust Fund has a special offer to all of you. It would substantially reduce your investment fee if you would place your name, mobile and email address at the comment portion of this post. So that if there would be enough numbers to be taught about the rules governing the business of taxation, you would be properly informed.
Contact details:
Rico Colayco
0917 540 4629
Juliet
0998 979 3922
The Greatest Secrets of GAAP and PFRS, Revealed
Who’s being fooled? A CHRISTMAS GIFT TO YOURSELF!
by EMELINO T MAESTRO, Father of Tax Accounting, Tax Guru
Dec 24, 2013 #CPASecretsPhilippines
Justifying that their existence is necessary and too important, many Certified Public Accountants and some BIR-revenue officers are promoting consciously the use of generally accepted accounting principles (GAAP) and Philippine Financial Reporting Standards (PFRS).
Are you familiar with statement “IGNORANCE OF THE LAW EXCUSES NO ONE FROM COMPLIANCE THEREWITH.”? It is your basic obligation not only to the State (Republic of the Philippines) but also most relevant to yourself. Failure to educate yourself with the laws of the State is a crime that is called ‘negligence’. In other language, you may be criminally prosecuted and also handsomely penalized for your neglect to perform a legal duty. And, part of your obligation to yourself is NOT TO BE IGNORANT OF THE LAWS OF THE PHILIPPINES.
GAAP/PFRS as they are emphasizing is just a “principle” and ‘standard’. They may a stepping stone in creating your own policies and procedures. To follow or not to use them is only an option. In short, you are neither required to learn nor follow/use them.
The truth is that GAAP and PFRS are irrelevant and immaterial as far as taxation is concerned. They are the reason for the miseries, troubles and problems of every taxpayer in the Philippines. For further enlightenment, please read Sections 232 and 257, National Internal Revenue Code.
In 2007, the BIR Commissioner has already clarified that GAAP and PFRS are for the observance of big and large corporations (see RR 8-2007). Thus, individuals, small corporations and partnerships are not obliged, mandated and bound to use GAAP and PFRS.
Scalawags and corrupt revenue officers are rejoicing whenever GAAP/PFRS-basis financial statements are the attachments to the income tax return because not only they are contrary to the laws of the State, their disparity thereto creates opportunity and illegal income to an enterprising revenue officer.
SEC, Board of Accountancy and many CPAs are saying that the financial statements that must be prepared by corporations and individuals residing in the Philippines should be within the principles and standards of GLOBALIZATION. Gumising ngay kayo... Walang foreigner na pupunta dito sa Pinas para lang kumuha ng financial statements ng isang corporation sa SEC. Ni wala nga sa SEC website ang mga financial statements ng mga partnerships at corporations... Pinagkakaperahan pa nga nila ito... Tinanggap nilang libre ang mga ito eh di dapat libre lang ang mga ito....
Para naman sa financial statements ng mga individuals, di ka papayagan ng BIR ng makasilip man lang ng mga financial statements ng ini-file dito..
E ngayon.. Ano ang gamit talaga ng financial statements na hindi ka puedeng makakuha o makabasa man lang?
Furthermore, the Philippine Supreme Court says that it is not and will not be bound to use the work of a CPA for they are using only, in making a decision or resolution, the laws of the State. So what really is the use of the CPA in the lives of the Filipino taxpayers.... Ala eh..
To liberate yourself from tax troubles, yearly bribing, mental and physical stress/disease brought by the works of many CPAs conniving with scalawag revenue officers, it is time to change your business policy and strategy... You can start learning and invoking the use of the laws of the State in your accounting and financial operations.
YOU'RE INVITED….
Topic…TOP SECRETS IN UNDERSTANDING A BIR ELECTRONIC LETTER OF AUTHORITY
* Venue: Boracay Mandarin, Kalibo Aklan
* Time: 9am-12pm
- Day: January 23, 2014
please click this link to register “https://www.facebook.com/events/735100689835797/”
* Venue: Seda Centrio, Cagayan De Oro
* Time: 9am-12pm
* Day: March 14, 2014
Topic…..TAX MAPPING
* Venue: Boracay Mandarin, Kalibo Aklan
* Time: 2-5pm
- January 23, 2014
please click this to register “https://www.facebook.com/events/497248617061444/”
* Venue: Seda Centrio, Cagayan De Oro
* Time: 2-5pm
* Day: March 14, 2014
For details pls. call Mario @
(02) 440-4816,
(02) 921-6107,
(02) 439-3918,
(0998) 9793922
You're also invited….
… Tax Accounting for Retailer, Wholesaler, Dealer, etc
Venue…. SEDA Hotel, Davao City
Jan 20, 2014…. 2-5 pm
Jan 21, 2014 … 9-12 am
Jan 21, 2014 … 2-5 pm
please click this link to register “https://www.facebook.com/events/1375765729347105/”
Venue …GREENLEAF Hotel, General Santos City
Jan 23, 2014…. 2-5 pm
Jan 24, 2014 … 9-12 am
Jan 24, 2014 … 2-5 pm
please click this link to register “https://www.facebook.com/events/502673169845983/”
Pay early to pay a lesser amount…
For details, please call Juliet and Eric
02-439 3918
02-921 6107
0998-979 3933
0922-802 0922
Huwag magpaalila sa mga taong pretending to be honest and competent in the field of taxation. Learn it. Love it. Live it. (it means income tax)
Thanks a lot for sharing this Christmas Gifts to others.
Sunday, 22 December 2013
Refusal to Issue Invoice and Official Receipt
BANKS WHO REFUSED TO ISSUE INVOICES/RECEIPTS
by Emelino T Maestro, Father of Tax Accounting, Tax Guru
Dec 20, 2013, #NonVATinvoiceNonVATreceipt
Banks and other financial intermediaries that are registered with the Bangko Sentral ng Pilipinas are required to issue the following (RR 18-2012), viz;
NON-VAT SALES INVOICES - for purposes of Percentage Tax pursuant to Section 116 of the NIRC, as amended, it is a written account evidencing the sale of goods and/or properties issued to customers in an ordinary course of business, whether cash sales or on account (credit) which shall be the basis of the Percentage Tax liability of the seller.
NON-VAT OFFICIAL RECEIPTS - for purposes of Percentage Tax pursuant to TITLE V of the NIRC, as amended, it is a proof of sale of service and/or leasing of properties which shall be the basis of the Percentage Tax liability of the seller. It is a written admission or acknowledgment of the fact that money has been paid and received for the payment or settlement between persons rendering services and its customers.
However, there are reports that the BIR Regional Directors and Revenue District Officers are encouraging these banks not to issue NONVAT official receipts for the interest payments made by its client-borrowers. Likewise, they also instructed not to issue NONVAT sales invoices for the sales of real (land) and personal (car) properties that they acquired through forfeiture. Accordingly, the Philippine Government is losing revenue for the alleged manipulation and misrepresentation being knowingly perpetuated by these banks and other financial intermediaries and their cohorts who are RDs and RDOs…
COA, Ombudsman and CSC must look into this mess and conduct a preliminary investigation for the Philippine Government is losing, by way of disobeying RR 18-2012, millions of revenue.
How to help the Philippine Government? All taxpayers paying any fee or interest on borrowed amounts from banks and the likes should ask for NonVAT official receipts which can be used to substantiate a deductible expense.
You're invited….
… Tax Accounting for Retailer, Wholesaler, Dealer, etc
Venue…. SEDA Hotel, Davao City
Jan 20, 2014…. 2-5 pm
Jan 21, 2014 … 9-12 am
Jan 21, 2014 … 2-5 pm
Venue …GREENLEAF Hotel, General Santos City
Jan 23, 2014…. 2-5 pm
Jan 24, 2014 … 9-12 am
Jan 24, 2014 … 2-5 pm
Pay early to pay a lesser amount…
For details, please call Juliet and Eric
02-439 3918
02-921 6107
0998-979 3933
0922-802 0922
Free 7 day tax consultation on topics related to BIR electronic letter of authority, deficiency tax assessment and tax mapping operations to those who will register and pay on or before January 10, 2014, 5pm
DIVINE GRACE FRESCO
PRESIDENT, ETM TAX AGENT OFFICE (ETM-TAO), INC
Unit 419, Corporate 101, Mother Ignacia, Quezon City
Thanks for passing this to others..
by Emelino T Maestro, Father of Tax Accounting, Tax Guru
Dec 20, 2013, #NonVATinvoiceNonVATreceipt
Banks and other financial intermediaries that are registered with the Bangko Sentral ng Pilipinas are required to issue the following (RR 18-2012), viz;
NON-VAT SALES INVOICES - for purposes of Percentage Tax pursuant to Section 116 of the NIRC, as amended, it is a written account evidencing the sale of goods and/or properties issued to customers in an ordinary course of business, whether cash sales or on account (credit) which shall be the basis of the Percentage Tax liability of the seller.
NON-VAT OFFICIAL RECEIPTS - for purposes of Percentage Tax pursuant to TITLE V of the NIRC, as amended, it is a proof of sale of service and/or leasing of properties which shall be the basis of the Percentage Tax liability of the seller. It is a written admission or acknowledgment of the fact that money has been paid and received for the payment or settlement between persons rendering services and its customers.
However, there are reports that the BIR Regional Directors and Revenue District Officers are encouraging these banks not to issue NONVAT official receipts for the interest payments made by its client-borrowers. Likewise, they also instructed not to issue NONVAT sales invoices for the sales of real (land) and personal (car) properties that they acquired through forfeiture. Accordingly, the Philippine Government is losing revenue for the alleged manipulation and misrepresentation being knowingly perpetuated by these banks and other financial intermediaries and their cohorts who are RDs and RDOs…
COA, Ombudsman and CSC must look into this mess and conduct a preliminary investigation for the Philippine Government is losing, by way of disobeying RR 18-2012, millions of revenue.
How to help the Philippine Government? All taxpayers paying any fee or interest on borrowed amounts from banks and the likes should ask for NonVAT official receipts which can be used to substantiate a deductible expense.
You're invited….
… Tax Accounting for Retailer, Wholesaler, Dealer, etc
Venue…. SEDA Hotel, Davao City
Jan 20, 2014…. 2-5 pm
Jan 21, 2014 … 9-12 am
Jan 21, 2014 … 2-5 pm
Venue …GREENLEAF Hotel, General Santos City
Jan 23, 2014…. 2-5 pm
Jan 24, 2014 … 9-12 am
Jan 24, 2014 … 2-5 pm
Pay early to pay a lesser amount…
For details, please call Juliet and Eric
02-439 3918
02-921 6107
0998-979 3933
0922-802 0922
Free 7 day tax consultation on topics related to BIR electronic letter of authority, deficiency tax assessment and tax mapping operations to those who will register and pay on or before January 10, 2014, 5pm
DIVINE GRACE FRESCO
PRESIDENT, ETM TAX AGENT OFFICE (ETM-TAO), INC
Unit 419, Corporate 101, Mother Ignacia, Quezon City
Thanks for passing this to others..
Injudicious Modus Operandi (BIR) of Revenue Officers
Newest and Injudicious Modus Operandi of Revenue Officers
by Emelino T Maestro, Father of Tax Accounting, Tax Guru
Dec 19, 2013, #BIRfalsereturnsurcharge
According to Section 203, National Internal Revenue Code, the BIR has 3 years from the date the return was filed to make an assessment of a tax. If the BIR through its revenue officers (RO) failed to do the same, the taxpayer is off the hook in receiving a deficiency tax assessment and thus, he already avoided to be criminally prosecuted and harassed.
Conniving with Regional Directors and Revenue District Officers having unusual moral values, ROs are/werer issuing left and right deficiency tax assessments. These assessments contained figures and allegations that are not even supported by facts and laws or are/were based on their presumptions and caprices. Disturbing so much, they are showing that the returns filed by taxpayers who are under investigation and their tax case are prescribing are false and fraudulent. Or, in other words, the assessments contained the dangerous 50% surcharge.
Unacceptable is also the action of his superior specially the Regional Director and the Revenue District Office who are cuddling and promoting and tolerating this kind of injudicious acts and behaviours. They too should be removed from office.
Because this approach became so effective in the case of PacMan and in the area of GenSan and Zamboanga City, it is therefore being deliberately used nationwide.
How to fight back? Taxpayers should unite and expose these malicious intention because this new and injudicious modus operandi would only benefit the ROs. The RO, as he is saying in issuing the hastily made assessment notices, is just protecting the interest of the Philippine Government. No, he is not doing this to protect the Government but to cement his place inside the BIR for RO who failed to finish his investigation within 180 days or before the return filed would prescribed shall be removed from the service or transferred to the undesirable Districts of the BIR.
YOU'RE INVITED….
Topic…TOP SECRETS IN UNDERSTANDING A BIR ELECTRONIC LETTER OF AUTHORITY
* Venue: Boracay Mandarin, Kalibo Aklan
* Time: 9am-12pm
* Day: January 23, 2014
* Venue: Seda Centrio, Cagayan De Oro
* Time: 9am-12pm
* Day: March 14, 2014
Topic…..TAX MAPPING
* Venue: Boracay Mandarin, Kalibo Aklan
* Time: 2-5pm
* January 23, 2014
* Venue: Seda Centrio, Cagayan De Oro
* Time: 2-5pm
* Day: March 14, 2014
For details pls. call Mario @
(02) 440-4816,
(02) 921-6107,
(02) 439-3918,
(0998) 9793922
Those who will register and pay early shall be given a free 7-day consultation for the above topics and 20% discount for the preparation of a reply or protest against any BIR notices such as tax mapping, surveillance, inventory taking, deficiency tax assessment notices.
Early payment should be first made before the said discount and free consultation shall be given.
DIVINE GRACE FRESCO
PRESIDENT
ETM TAX AGENT OFFICE (ETM-TAO), INC
Unit 419, Corporate 101, Mother Ignacia, Quezon City
0922 801 0922
by Emelino T Maestro, Father of Tax Accounting, Tax Guru
Dec 19, 2013, #BIRfalsereturnsurcharge
According to Section 203, National Internal Revenue Code, the BIR has 3 years from the date the return was filed to make an assessment of a tax. If the BIR through its revenue officers (RO) failed to do the same, the taxpayer is off the hook in receiving a deficiency tax assessment and thus, he already avoided to be criminally prosecuted and harassed.
Conniving with Regional Directors and Revenue District Officers having unusual moral values, ROs are/werer issuing left and right deficiency tax assessments. These assessments contained figures and allegations that are not even supported by facts and laws or are/were based on their presumptions and caprices. Disturbing so much, they are showing that the returns filed by taxpayers who are under investigation and their tax case are prescribing are false and fraudulent. Or, in other words, the assessments contained the dangerous 50% surcharge.
Unacceptable is also the action of his superior specially the Regional Director and the Revenue District Office who are cuddling and promoting and tolerating this kind of injudicious acts and behaviours. They too should be removed from office.
Because this approach became so effective in the case of PacMan and in the area of GenSan and Zamboanga City, it is therefore being deliberately used nationwide.
How to fight back? Taxpayers should unite and expose these malicious intention because this new and injudicious modus operandi would only benefit the ROs. The RO, as he is saying in issuing the hastily made assessment notices, is just protecting the interest of the Philippine Government. No, he is not doing this to protect the Government but to cement his place inside the BIR for RO who failed to finish his investigation within 180 days or before the return filed would prescribed shall be removed from the service or transferred to the undesirable Districts of the BIR.
YOU'RE INVITED….
Topic…TOP SECRETS IN UNDERSTANDING A BIR ELECTRONIC LETTER OF AUTHORITY
* Venue: Boracay Mandarin, Kalibo Aklan
* Time: 9am-12pm
* Day: January 23, 2014
* Venue: Seda Centrio, Cagayan De Oro
* Time: 9am-12pm
* Day: March 14, 2014
Topic…..TAX MAPPING
* Venue: Boracay Mandarin, Kalibo Aklan
* Time: 2-5pm
* January 23, 2014
* Venue: Seda Centrio, Cagayan De Oro
* Time: 2-5pm
* Day: March 14, 2014
For details pls. call Mario @
(02) 440-4816,
(02) 921-6107,
(02) 439-3918,
(0998) 9793922
Those who will register and pay early shall be given a free 7-day consultation for the above topics and 20% discount for the preparation of a reply or protest against any BIR notices such as tax mapping, surveillance, inventory taking, deficiency tax assessment notices.
Early payment should be first made before the said discount and free consultation shall be given.
DIVINE GRACE FRESCO
PRESIDENT
ETM TAX AGENT OFFICE (ETM-TAO), INC
Unit 419, Corporate 101, Mother Ignacia, Quezon City
0922 801 0922
Tuesday, 17 December 2013
KIM HENARES SHOULD BE HELD LIABLE FOR THE UNCOLLECTED 300B DELINQUENCY TAXES
Kim Liable to 300B Delinquent Accounts
by Emelino T Maestro, Father of Tax Accountant, Tax Guru
Dec 16, 2013 #BIRdelinquentaccounts
Last Sunday's headline was BIR failed and still fails to collect 300B worth of internal revenue taxes (per COA-report).
Kim who is the current BIR Commissioner reasoned out that this amount came from previous administrations (GMA, ERAP, RAMOS, etc)..Be they might be, her justification is out of context and totally comical.
As a responsible revenue officer she has a job to inventory-take what are to be collected immediately, what are the potential collectibles and what are protested deficiency tax assessments.
ETM believes that she is only escaping the legal duties that the law vested in her shoulders. Please be reminded that 3 and a half years had passed by but she and her fellow revenue officers deliberately failed and ignored and are still failing and ignoring to collect the said amount at the expense of the Filipino people. This may be called 'misfeasance and nonfeasance' in a grand scale. And, revenue officers may face criminal and administrative penalties of acting incorrectly and irregularly and not acting at all on the tasks at hand. COA must file these charges at the Office of the Ombudsman for criminal case and Civil Service Commission for administrative case. Moreover, any taxpayer may also file the same charges against Kim and other revenue officers at the same forums.
Taxpayers should unite to fight all incompetencies and nonfeasance.
A course in TAX ACCOUNTING FOR RETAILER WHOLESALES, DEALER AND DISTRIBUTOR shall be held at Davao (Jan 20-21) and Gensan (Jan 23-24).
Contact details:
0998 979 3922
0922 801 0922
Register early to avail the PROMO RATE.
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