Judges Join SC Bid vs BIR Taxes on Bonus ---- Emelino T Maestro. com

Judges Join SC Bid vs BIR Taxes on Bonus
Emelino T Maestro. com

This morning, ETM read from The Philippine Star that Judges joined COURAGE to stop the assessment and collection of withholding tax from bonuses, honoraria and other incentives that they received from the Philippine Government through its judiciary branch. They argued that it is contrary to the Philippine Constitution for it violated the fiscal autonomy of the court and due process.

ETM believes that there is a Supreme Court's Memo which instructed its accounting personnel to deduct the withholding taxes from court's officials and employees' employees, officials, judges and justices. Thus, by this action, it already upheld that RMO 23-2014 is valid and enforceable.

ETM believes that the fiscal autonomy of the court is not violated because it is not the court that is being taxed in the said BIR regulations but the employees and officials of the court. It means that the court is not entity that is being assessed of withholding taxes but the persons who are working inside the court. Please remember that the courts and their employees are two distinct and separate entities/persons.

ETM believes that the due process doctrine is not violated because from 1998 up to June 2014, the bonuses, honoraria and other incentives of all employees, officials, judges and justices who are EMPLOYEES of the Philippine Government were never taxed. Whilst, many low-salaried workers from other branches of the Philippine Government and private sectors who are also called for uniformity purpose as EMPLOYEES are being taxes through withholding tax system. Did they consider "The Rule of Taxation Must Be Uniform and Equitable. doctrine"?

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