a BIR Commissioner Appeals, Seeks, Pleads, Enjoins

a BIR Commissioner Appeals, Seeks, Pleads, Enjoins 
Part 1 by Emelino T Maestro, Tax Guru
Jan 12, 2014 #BIRCommissionerAppeals, #etm, #taxguru

The Bureau of Internal Revenue keeps giving birth to many kids. Right now it has four girls and a boy. Their names are Kim Henares, Estela Sales, Lilia Guillermo, Celia King and Nelson Aspe.

One of them secretly told ETM as Len, Sonia and Boyet had witnessed it that he and his group should provide vital information about revenue officers assigned in the assessment function (RDO, RD, CAD, RO and GS) who habitually issued assessment notices that are unreasonable and incomprehensible.

This Commissioner promised that if the supplied information shall be validated to be true, the concerned revenue officer/s would immediately be discharged from BIR.

Also, the identity of the informant would not be revealed to anybody except to the members of the BIR-Top Management.

If you are interested to get even, you may contact Boyet at 439 3918 so that he would help and assist you in pursuing your objective.

Part 2 of this episode would tackle the procedures on how to document an unreasonable and incomprehensible assessment.

Every Saturday, at Unit 419, Corporate 101, Mother Ignacia, Quezon City, ETM Tax Agent Office would be giving FREE HELP AND ADVISE on issues related to BIR's eLetter of Authority, Letter Notice, Subpoena Duces Tecum, Warrant of Garnishment, Registration and Retirement of Business, Warrant of Distraint and Levy and Deficiency Tax Assessment.

Everyone is encouraged to submit their replicated-evidentiary documents . Without them, attending TAX CONSULTANTS would be hindered to come up with the appropriate advice.

Due to limited time, space and number of TAX CONSULTANTS, you are enjoined to enlist your legal name, company's name, email and mobile number inside the box as it is herein called 'Comment' or text (name), (company)(email), (preferred Saturday) to 0922 801 0922. Those who would follow this simple instruction would be given priority. This offer is subject to change without notice or obligation.

MY CPA, DISGUSTING, DISTRUSTING; Chapter 2- CPA Engagement Letter

MY CPA, DISGUSTING, DISTRUSTING
Chapter 2 – CPA Engagement Letter
By Emelino T Maestro, Father of Tax Accounting, Tax Guru
December 31, 2013, #cpadisgusting, #cpadistrusting,#cpaengagementletter, #ETM, #emelinomaestro

HAPPY NEW YEAR!!!!! Ignorance is the most expensive lifestyle.

May the Almighty God grant you the strength and courage to change your lifestyle.

On December 30, 2013, ETM had already discussed to you the real source of your tax problem that is being so predictable from year to year. Accordingly, he advised you to stop at once all the hiring of incompetent CPA who usually showered you with words and phrases that he alone promotes and understands.

Today, ETM will explain to you the commonly used CPA Engagement Letter and its Yolanda-type effect to you and your family.

All CPAs, just like ETM, were taught in schools/colleges/universities to be good in managerial accounting and/or financial accounting.

Due to lack of competent lecturers and professors in taxation, the tax accounting subjects have been knowingly ignored. The teaching of which is consciously abandoned. (Please click this link to register for Tax Accounting for Retailer, Wholesaler, Dealer, etc - GenSan City “https://www.facebook.com/events/502673169845983/” Also, please click this link to register for Tax Accounting for Retailer, Wholesaler, Dealer, etc - Davao City “https://www.facebook.com/events/1375765729347105/”)

The movers of financial accounting are too many in the Securities and Exchange Commission and mostly came from big CPA firms whose business interest is in rendering an opinion on the clients’ supplied financial statements. These movers who may also in the payroll of accounting cartels have created without regards to the existing body of laws the so-called PRO-FORMA AUDIT ENGAGEMENT LETTER (http://demo.sec.gov.ph/circulars/cy,2002/sec-memo-5,s2002,annexa.htm).

Before you would sign any CPA Engagement Letter, let ETM warn you about its pitfalls by way of analyzing its context and content, segment by segment. Let the learning begin……

ADDRESSEE
The usual addressee of a CPA Engagement Letter is as follows, viz;

“The Board of Directors
EMELINO T MAESTRO
Unit 419, Corporate 101, Mother Ignacia, Quezon City”

Why is it addressed to your Board of Directors? To answer it, ETM wants you to know that the Philippine legal system does not allow any corporate official and employee to represent his employer, the corporation, without authority from its Board of Directors. Having this in mind, your CPA/auditor needs the power and authority of your Board of Directors to be vested on his shoulders so that he can act as if he is the Board of Directors. What would happen if he would be acting like a Board of Directors? This means that he would have control over your employees and confidential information and has the power and authority to do whatever is beneficial, not to you, but to himself.

OPENING STATEMENT
The first statement of a CPA Engagement Letter is quite intriguing, viz;

“You have requested that we audit the balance sheet of EMELINO T MAESTRO as of 2021, and the related statements of income, cash flows and changes in stockholders’ equity for the year then ending. We are pleased to confirm our acceptance and our understanding of this engagement by means of this letter. Our audit will be made with the objective of our expressing an opinion on the financial statements.”

First, it is you who are so eager and persistent in getting his services. Thus, you got out of your usual way and went to his office personally and REQUESTED that he examines NOT YOUR BOOKS OF ACCOUNTS but your balance sheet and its related statements. Meaning, you would solely prepare and print these financial statements for without them, he cannot start his examination thereto.

Irritating as it is, the laws of the State considered your CPA/auditor whose Oath of Office says that he would uphold the constitution and without mental reservation and purpose of evasion obey the laws of the State (Republic of the Philippines). The law which is the National Internal Revenue Code or Tax Code (NIRC) states that your CPA/auditor MUST EXAMINE books of accounts and therefrom must prepare, sign and issue certified financial statements (Section 232, NIRC). To examine financial statements is unacceptable and contrary to the laws of the State. Don’t request but ask him to examine your books of accounts.

Furthermore, you would be paying him to EXPRESS AN OPINON ON YOUR SUPPLIED FINANCIAL STATEMENTS. Again, the law requires him NOT YOU to prepare, sign and issue CERTIFIED (not opinionated) FINANCIAL STATEMENTS. Don’t just pay for an opinion. Seek a competent CPA/auditor who shall CERTIFY your financial statements.

SECOND STATEMENT
Like spoonful of salt being knowingly sprinkled and pressed on your wounds, this statement may have the same effect to your character and competence, viz;

“We will conduct our audit in accordance with Philippine Standards on Auditing. Those Standards require that we plan and perform the audit and to obtain reasonable assurance that the financial statements are free of material misstatements. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statements presentation.”

You won’t hire your CPA/auditor if the laws of the State would not require you to hire him. Yes, the NIRC mandated all of you to engage a CPA/auditor whose duties are as follows, (1) to ascertain your compliance with the laws of the State, and (2) to prepare, issue and sign financial statements.The NIRC is a substantive law that was consciously designed and developed by you and me, through the Philippine Congress. It is our law that makes us civilized Filipino. Standards whether they belong to Philippine Financial Reporting Standards (formerly known, Generally Accepted Accounting Principles) or Philippine Standards on Auditing (formerly known, Generally Accepted Auditing Standards) would not exempt your from complying with the laws of the State. Neither, these standards would be a valid justification in violating the laws of the State. By using these standards for CPA which is not developed and designed to be used by taxpayers thus they are not standards for taxpayers, BIR revenue officers who are in charged to examine your tax returns and financial statements would be so elated to know that you are so incompetent and ignorant for not knowing what to prepare, sign and submit to their office. BEWARE OF THE LURKING VULTURES.

THIRD STATEMENT
Another slap-on-your-face statement is this, viz;

“Because of the test nature and other inherent limitations of an audit, together with the inherent limitations of any accounting internal control system, there is an unavoidable risk that even some material misstatements may remain undiscovered.”

His audit is yet to start but he is already advertising and emphasizing to you NOT ONLY that your internal control is weak BUT ALSO material misstatements from your financial statements may remain undiscovered…. @!#%#%%$#%%^)(*& This can only mean ONE THING….. “He is not competent to handle the requirement of the laws and thus, removing himself from criminal and civil liabilities that his financial statements and other reports might bring to you and most importantly, to himself.” …… Please be advised that the laws of the State (Section 257, NIRC) require all CPAs who are engaged in the examination of books of accounting and preparation of financial statements and annual income tax returns to substantially ascertain that the income, exemptions and deductions are properly reflected in the said financial statements and returns. This cannot be delegated to you for the law is already delegated this duty to your CPA/auditor (delegatus non delegare).

FOURTH STATEMENT
This destructive statement may be seen also thereof, viz;

“In addition to our report on the financial statements, we expect to provide you with a separate letter concerning any material weaknesses in accounting and internal control systems which come to our knowledge.”

Take this down. You are not hiring your CPA/auditor to look for any weakness in your accounting or internal control system. He is being hired to do two things, (1) examine your books of accounts, and (2) prepare and issue certified (not opinionated) financial statements. NOTHING MORE AND NOTHING LESS. These are his obligations to the State and to you.

FIFTH STATEMENT
This statement is really disgusting, viz;

“We remind you that the responsibility for the preparation of financial statements including adequate disclosure is that of the management of the company. This includes the maintenance of adequate accounting records and internal controls, the selection and application of accounting policies, and the safeguarding of the assets of the company. As part of our audit process, we will request from management written confirmation concerning representations made to us in connection with the audit.”

Again, your CPA/auditor duties are to ascertain that you complied with the laws of the State and make immediate and important recommendations to rectify any mistake or misrepresentation that you unintentionally committed. To require you to prepare, sign and issue a MANAGEMENT REPRESENTATION a.k.a. STATEMENT OF MANAGEMENT’S RESPONSIBILITY FOR THE AUDITED FINANCIAL STATEMENTS is to confirm that he is not responsible to his CPA outputs. Thus, any mistake, misrepresentation and miscalculation that he made during his audit shall be for your account. Thus, you shall be held CRIMINALLY AND CIVILLY LIABLE FOR SUCH.

SIXTH STATEMENT
The sixth statements may be a little bit confusing, viz;

“However, as part of our responsibility as an accredited external auditor of the Securities and Exchange Commission, we shall report to the Commission any of the following cases which may have been discovered based on Philippine Standards on Auditing, if the company fails to disclose the same to the Commission under its current reports:

“1. Any material findings involving fraud or error which will reduce the consolidated total assets of the company by five percent (5%).

“2. Losses or potential losses the aggregate of which amounts to at least ten percent (10%) of the consolidated total assets of the company;

“3. Any finding to the effect that the consolidated assets of the company, on a going concern basis are no longer adequate to cover the total claims of creditors.”

Instead of complying with the laws of the State that is to report the correct payment of taxes, your CPA/auditor who represented himself as a SEC-accredited auditor has a different agenda that is to satisfy the requirements of SEC. ETM question is this, ‘If his opinionated financial statements are not in accordance with the NIRC/Tax Code, how could they be in accordance with the SEC-regulations.” As the BIR Commissioner and Secretary of Finance affirmed and confirmed, the financial statements required by SEC are total irrelevant and immaterial to the requirements of the substantive law. And, in case of disparity, the substantive law that is NIRC/Tax Code shall prevail over the SEC-administrative regulations. DON’T VIOLATE THE LAW.

FINAL STATEMENT
Finally, the last and parting statements of his CPA Engagement Letter may look like this, viz;

“We look forward to full cooperation with your staff and we trust that they will make available to us whatever records, documentation and other information are requested in connection with our audit. Our fees, which will be billed as work progresses, are based on the time required by the individuals assigned to the engagement plus out-of-pocket expenses. Individual hourly rates vary according to the degree of responsibility involved and the experience and skill required.

“This letter will be effective for 2021 year unless it is terminated, amended or superseded.

“Please sign and return the attached copy of this letter to indicate that it is in accordance with your understanding of the arrangements for our audit of your financial statements.”

First, if you signed this type of CPA Engagement Letter, you already signed your disease-causing certificate because not only you enter into a contract for the rendering of a service that is contrary to the laws of the State and not relevant to your needs and obligations to the State but also you expose yourself and company into messy tax troubles. Nothwithstanding, that you surrendered all your staff and personnel under his disposition and control which would really hamper your regular operations.

Finally, spending too much money just to get an opinion of nobody is too much to bear. Please be reminded that the Philippine Supreme Court said that the standards and principles including the works of a CPA cannot and will not be the basis/foundation in making an enforceable decision. So, what really is the relevance of the standards and principles including the output of your CPA/auditor to your life and businesses?

Don’t waste your money for the CPA services that would place your life, liberty and livelihood in jeopardy and peril.

You are invited to a workshop on “How to draft/prepare a CPA Engagement Letter” so that you shall get the right services for a very reasonable price from any CPA in the Philippines.

For reservation, please call Katax ETM at 0998 979 3922, 0922 801 0922, 439 3918, 921 6107 or email him at kataxpayer@gmail.com….

TAX ACCOUNTING COURSE FOR
a. VAT REGISTERED TAXPAYERS
b. NON-VAT REGISTERED TAXPAYERS
shall start in the first week of February 2014, please register early to get the most out of your investment.

My CPA, Disgusting, Distrusting; Chapter 1 - Auditors' Certificate

MY CPA, DISGUSTING, DISTRUSTING
Chapter 1 - Auditors' Certificate
By Emelino T Maestro, Father of Tax Accounting, Tax Guru
December 30, 2013, #cpadisgusting, #cpadistrusting,#cpaengagementletter, #ETM, #emelinomaestro

Today, the Philippines is celebrating the death anniversary of Dr. Jose Rizal.

This important celebration is to remind every Filipino that he can also effect change to his life by way of changing his concept, perception and idea of himself.

As a taxpayer, you can effect change to your life. Do the unexpected that is “Don’t use generally accepted accounting principles or Philippine Financial Reporting Standards in preparing your financial statements where the figures from your income tax return shall be lifted.”

For the past years, you became so predictable. And, being so, the scalawags in the Bureau of Internal Revenue are the happiest people to learn about it.

A big CPA firm would not hesitate bill you 3,000,000 pesos to prepare and issue opinionated financial statements. If it is not within your budget, a small-time CPA would charge you at least 50,000 pesos for his alleged professional services. ETM believes that any of the said amounts is too costly to get an opinion.

Submitting your income tax return accompanied by audited financial statements whether prepared/audited either by a big auditing firm or a not-so-known Certified Public Accountant (just like ETM) is an advertisement that you are so illiterate in taxation. Please be reminded that you are required to submit audited financial statements based on the language of the National Internal Revenue Code (NIRC/Tax Code).

Don’t blame yourself. It is not your fault but a grand design by those who are profiting from your non-conformity with requirements of the laws of the State. (Please click this link to register for Tax Accounting for Retailer, Wholesaler, Dealer, etc - GenSan City “https://www.facebook.com/events/502673169845983/” Also, please click this link to register for Tax Accounting for Retailer, Wholesaler, Dealer, etc - Davao City “https://www.facebook.com/events/1375765729347105/”)

First, you are so predictable that every year, you would hire an incompetent CPA, require him to prepare/issue opinionated financial statements that are so alien and not relevant to you, lift the figures therefrom and place them in your annual income tax return and lastly, attach the such statements to your income tax return.

Finally, you are so predictable that every year, you would entertain the illegal advances of so many enterprising revenue officials by way of accepting their letters of authority, letter notices and subpoena duces tecum, are so fearful to question the way they prepare their audit findings/deficiency tax assessments and substantially share to them, rather than to your family and friends, the financial blessings that the Almighty God had provided you.

To understand these chronic problems, ETM would help you understand the source of your problems, the AUDITOR’S CERTIFICATE (in other terms, Auditor’s Report, [http://www.7-eleven.com.ph/files/PSC%202012%20Amended%20Annual%20Report%2017-A%20PSE%20for%20website.pdf]).

ADDRESSEE
Most of the issued financial statements is addressed either to the Stockholders, the Board of Directors, the President or combination thereof. For example is the following, viz;

“The Stockholders and the Board of Directors
Emelino T Maestro
7th Floor, The Columbia Tower
Ortigas Avenue, Mandaluyong City”

Predictable as you are, you consciously allow every year your CPA/auditor to address his Auditor’s Certificate to these people. Are you not fed up with this arrangement? Are you sure that his Auditor’s Certificate must always be prepared this way? Have you not ask him why it is so? Let ETM remind you that the Securities and Exchange Commission, Bureau of Internal Revenue, Bangko Sentral ng Pilipinas, etc…. (in other words, the Philippine Government is requiring you to submit to its agencies audited financial statements and other reports) are the ones who are interested to see your financial health. Your stockholders, directors and corporate officers would not be happy if the profit of their labor would be given away to a third party who may be a CPA or a lawyer as a payment for alleged professional services.

Thus, the Auditor’s Certificate must always be addressed to a government agency that requires audited financial statements. The reason is so simple. The legal obligation for their fair presentation shall be the responsibility of the CPA/auditor and not of the company itself. This would spare the company of additional expenses for the incompetence that is usually included in his services.

To help you NOT TO BE PREDICTABLE THIS YEAR, the following should be taken serious consideration, viz;

OPENING STATEMENT
Standard as they are, most of the Auditors’ Certificates would start like this, viz;

“We have audited the accompanying consolidated financial statements of EMELINO T MAESTRO and Subsidiaries, which comprise the consolidated balance sheets as at December 31, 2021 and 2022, and the consolidated statements of comprehensive income, statements of changes in equity and statements of cash flows for each of the three years in the period ended December 31, 2022, and a summary of significant accounting policies and other explanatory information.”

The CPA/auditor is completely informing you and your stockholders, directors and corporate officers what he examined. This is so you, so predictable by way of accepting what he examined is really what to be examined is to emphasize that you are ignorant of the laws of the State. Please be reminded that the laws of the State (NIRC/Tax Code) required your CPA/auditor to examine your books of accounts and not your financial statements. Thus, you and your CPA/auditor are clearly violating the laws of the State. ‘Negligence’ is punishable by imprisonment. Your CPA/auditor knew it before you hired him. And, to escape his legal responsibility not only to you as his client but most importantly, to the State, he would require all his proposed adjusting journal entries (PAJE) to be approved by you so that you would be legally accountable to whatever his adjustments might be and later on, he would require you to sign the so-called ‘Statement of Management’s Responsibility’ so that the pains of criminal humiliation shall be for your account alone.

MANAGEMENT RESPONSIBILITY
The so conventional 2nd paragraph of an Auditor’s Certificate usually states the following, viz;

“Management is responsible for the preparation and fair presentation of these consolidated financial statements in accordance with Philippine Financial Reporting Standards, and for such internal control as management determines is necessary to enable the preparation of consolidated financial statements that are free from material misstatement, whether due to fraud or error.”

As your CPA/auditor is directly advertising and emphasizing, regardless how much you paid him, the legal responsibility to the financial statements that he examined using the so-called ‘Philippine Financial Reporting Standards (generally accepted accounting principles) is solely shouldered by you. On top of it, he is exempting himself from any misstatement that your financial statements may bring to others although he is the last person who checked and double-checked them if the same is free from any material misstatement and misrepresentation. So, what really is the legal participation or purpose of getting, hiring and paying a CPA/auditor if at the end, you will be criminally prosecuted by the laws of the State? Would you please enlighten ETM?

AUDITOR’S RESPONSIBILITY
The next paragraph that you need to take seriously is this, viz;

“Our responsibility is to express an opinion on these consolidated financial statements based on our audits. We conducted our audits in accordance with Philippine Standards on Auditing. Those standards require that we comply with ethical requirements and plan and perform the audit to obtain reasonable assurance about whether the consolidated financial statements are free from material misstatement.

“An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the consolidated financial statements. The procedures selected depend on the auditor’s judgment, including the assessment of the risks of material misstatement of the consolidated financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity’s preparation and fair presentation of the consolidated financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity’s internal control. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of accounting estimates made by management, as well as evaluating the overall presentation of the consolidated financial statements.”

Your CPA/auditor has clearly identified to where his alliance is that is the Philippine Financial Reporting Standards/ Philippine Standards on Auditing while you shall be criminally and civilly liable for any misrepresentation and misstatement of your financial statements that are prepared using these standards and principles. For your information and appreciation, the PFRS/PSA, as it is widely known, is not even a substantive law of the State. The NIRC/Tax Code says the accounting bookkeeping that is to be used in making entries in your books of accounts must not be contrary the provisions of the NIRC/Tax Code. So, if only your CPA/auditor had examined your books of accounts and not your financial statements which in the first place, the preparation of the latter falls on his shoulders, his Auditor’s Certificate shall show that the audit procedures are in accordance with the laws of the State and not just a mere standard or principle which is not being used by any government agency or branch of the Philippine Government. In other words, the Philippine Government has its owns rules and regulations such as the NIRC/Tax Code and it has no power and authority to implement a standard/principle that is not originated from the Philippine Congress. DON’T USE PFRS/PSA because you are advertising your predictability that is you are consistent law-violator.

OPINION
The last statements that you would read from an Auditor’s Certificate may look like this, viz;

“We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion.

“In our opinion, the consolidated financial statements present fairly, in all material respects, the financial position of EMELINO T MAESTRO and Subsidiaries as at December 31, 2021 and 2022, and their financial performance and their cash flows for each of the three years in the period ended December 31, 2022 in accordance with Philippine Financial Reporting Standards.”

First, your CPA/auditor believes that by using the PFRS/PSA, he can now issue an ‘opinion.’ Here, he is still unsure if after he examined your supplied financial statements and used these standards, he would be able to issue an opinion. But, have you asked yourself if his opinion matters not to you which most of you don’t understand the materiality and relevance of a CPA/auditor’s opinion? The laws of the State such as the NIRC/Tax Code require all CPAs and CPA firms whether big or small to certify financial statements and issue ‘certified financial statements’ and not to issue opinionated financial statements. The term ‘certify’ is not synonymous to ‘make an opinion’. These two word/phrase are not even interchangeable or comparable to one another. If the law says certified financial statements, it means certified financial statements and NOT OPINIONATED FINANCIAL STATEMENTS.

WHEN THE LAW IS VERY CLEAR, NO ROOM FOR FURTHER INTERPRETATION IS NECESSARY. ACCORDING TO NUMEROUS PHILIPPINE SUPREME COURT’S DECISIONS, IF THE LANGUAGE OF THE LAW IS TOO SIMPLE TO BE MISTAKENLY UNDERSTOOD, THERE IS NO NEED TO INTERPRET THE LAW.. However, in the case of the CPA practice, the law is placed as a SUPPLETORY to the standards which are so copied from abroad.. Please be advise that it is the other way around.

ETM wants to remind you that most of the CPAs here in the Philippines needeed you to be so independent to them so that the flow of cash from you to their pockets shall remain constant and overflowing.

The penalty for submitting an annual income tax return without audited/certified financial statements is just 25,000/50,000 pesos while to get a CPA/auditor to issue an opinionated ‘Auditor’s Certificate’ may reach to 3,000,000 pesos…. ETM as a fighter for the rights and privileges of taxpayers who are being oppressed (just like you) recommends that you just prepare and submit an annual income tax return without its PREDICTABLE attachment that is opinionated financial statements… Just wait for the Bureau of Internal Revenue to penalize you later on. You penalty would be used to help the needy and the poor. Don’t be a victim of blood-suckers.

Don’t be predictable. Do the unexpected now.

For those who have big deficiency tax assessments and don’t know how to reduce it legally, ETM is inviting you to register now because in February 2014, he would solve your tax problems with the BIR without bribing anyone, asking favor from somebody and paying too much for the services that you don’t understand. He has a full-proof plan in decreasing your deficiency tax that is shown either your Preliminary Assessment Notice or Formal Letter of Demand/Final Assessment Notice.

You would be amazed that the NIRC/Tax Code is too accommodating to solve your tax woes and worries.

For details, only 20 taxpayers shall be entertained so register now via kataxpayer@gmail.com or call Manila Office 439 3918 or 921 6107 or 0922 801 0922 or 0998 979 3922. Salamat..

TAX ACCOUNTING COURSE FOR
a. VAT REGISTERED TAXPAYERS
b. NON-VAT REGISTERED TAXPAYERS
shall start in the first week of February 2014, please register early to get the most out of your investment
“https://www.facebook.com/events/1375765729347105/”

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