Tuesday 19 August 2014

The Rule of Taxation Must Be Uniform and Equitable - Emelino T Maestro.com

According to the Philippine Constitution, the rules of taxation must be uniform and equitable.

Emelino T Maestro (ETM) believes that you must have a uniform approach in handling BIR-challenges. Since the rule of the BIR is uniform in scale and scope, the answers to the BIR-created problems are importantly to be uniform in form and substance as well.

In other words, the BIR audit investigation here cannot be conducted dissimilar to what’s already done in Quezon City. Thus, to handle the BIR’s eLetter of Authority, Letter Notice, Deficiency Tax Assessment and Subpoena Duces Tecum should be in accordance with the law-laid down rules.

While the Philippine Financial Reporting Standards (formerly known, Generally Accepted Accounting Principles or for short, financial accounting) are being relentlessly pursued by CPAs and the Securities and Exchange Commission (SEC), the BIR doesn’t give relevance thereto not only that it is not the rule referred to in the Philippine Constitution but it is not a substantive law that requires your preferential attention. The National Internal Revenue Code (NIRC) has already ordered you not only to use the Tax Accounting rules but also to submit the tax-basis financial statements.

In other language, your Income Tax Return is pursuant to the NIRC and accordingly, all its attachments such as schedules, notes and financial statements should also be in line therewith. This is the uniformity being told by our Philippine Constitution.

Let us go back to the BIR- corruption. It can now be surmised that it originates from “IGNORANCE OF THE LAW EXCUSES NO ONE FROM COMPLIANCE THEREWITH”

Background
The BIR-BENCHMARKING IS A MESS because for a particular industry, there is no proper standard/format of financial reporting. Its intention is believed to be to confuse and push you to bribe a Revenue Official.
On an annual-and-nationwide basis, 15 billion pesos were/are being used to jointly and severally bribe Revenue Officials. In the minds/hearts of many taxpayers, this indecent act is a necessary evil in order to protect a life, a livelihood and the liberty that most of them are conveniently enjoying. However, all of them are seeking/searching for a long lasting solution to end this unwanted/wasteful use of cash that is so scarce nowadays.

Synopsis
You, as a taxpayer and through your generous tax payments, is a Nation-builder and the true giver of light/life to so many unfortunates.
It cannot be set aside your wisdom, inspiration and desire to protect your life, family, livelihood and liberty whenever the BIR is auditing, examining and investigating your business, books of accounts and other accounting records. But, there is a better and morally upright way in resolving your chronic/perennial tax-troubles so that your resources may be channelled down either to increase your productivity/profit, decrease your downtime/costs or both which many believes to be really achievable.

Clear and Present Danger
We have already identified the only source of your never-changing tax problems that had caused you so much unbearable stress, sleepless nights, mental anguish and recurring diseases -the ignorance of the law of this State (Article 3, New Civil Code). Because of too many laws in which not all of them are applicable to you, this State which is not under legal duty to equip you with what you need to know, comprehend and use, has already laid down all the fundamentals in making you, including your suppliers and customers, not be ignorant of its law. It is nice to remember that it is your destiny/obligation not only to yourself but also to your loved ones to correctly learn these laws right now.
In taxation, it is alarming to note that although their business operations are almost identical in many ways, COMPETITORS WITHIN AN INDUSTRY (including yours) employ different ways in designing/preparing their documentary evidences (document accounting), books of accounts (entry making), and reports (return constructing). The Philippine Constitution had laid down the principle in document accounting, entry making and return constructing (actions). These actions should always be uniform and equitable in scope, scale and other aspects.

Challenge
You are neither required to create a new law nor interpret an existing one. Your obligation/challenge is to commit yourself in complying with the language/spirit of the laws having control/jurisdiction over your trade, business and conduct. It is non negotiable. To do this, you must extinguish your obligations (Tax Code) that this State has already laid down.

Tax Accounting System
Have your OWN AND EXCLUSIVE TAX ACCOUNTING GUIDE/MANUAL that will be prepared based on our commitment to comply with the National Internal Revenue Code.

Measurable Objectives
To know/apply the laws of the BIR
To map out the document-accounting, entry-making and return-constructing activities
To design and develop all the necessary accountable forms and tax-basis chart of accounts that are acceptable and understandable to the BIR
To prepare all the relevant reports, statements, lists, schedules and returns correctly and on time
To have a uniform/standardised Tax Accounting System

Methodology
To achieve the set goals, this Proposal shall entail, viz;
Getting the full support of either you as the owner/s and member of the Board of Directors/its top management
Mapping and assessing the common/best practices of the industry where you belong
Building a tax accounting system
Setting up and incorporating a uniform tax-accounting strategy/plan into the bloodstream of your business operations
Training all the owners, members of the Board of Directors, its top management and their authorised representatives
Creating a ‘Train-the-Trainor’ pool who may be assigned to handle the future challenges that taxation brings
Monitoring the results for the next six consecutive months
Refining/Updating your tax accounting system

Value-Added Benefits
Based on our experiences, those taxpayers who knowingly trained themselves to be knowledgeable about the BIR’s rules and regulations had gained self-esteem and -respect. Some became so courageous/law-abiding, and had reduced their dependency on their lawyers, CPAs and other professionals. Meaning, they substantially decrease the costs that are associated in protecting their lives, livelihoods and liberties, thus, had increased their profits. Many had channelled the ‘bribe’ money into something appealing to them. Some use it to travel here and abroad while others had placed a retirement plan for themselves and their employees. The potential benefits are endless. You have just to use your imagination/creativity.

Formal Proposal
The cost of having a usable Tax Accounting System is neither expensive nor cheap. To have one in your bloodstream, ETM enjoins you to encourage your friendly competitors in sharing the investment fee and the value-added benefits associated thereto.

Good to Remember
Please remember/tell your friends about this, ‘IGNORANCE OF THE LAW IS THE MOST EXPENSIVE LIFESTYLE. Let us make your compliance with the Tax Code as easy as you breathe so that you will live no more in the shadows of fear/corruption that not knowing them brings.

Learn the Most Relevant Topics Today - EmelinoTMaestro.com
09228010922@MaestroTaxation.org
02-4393918 & 02-9216107

Courses for TAX ACCOUNTING
101 - NonVAT-Optional Standard Deduction Individuals
October 9-10, 2014
March 31-April 1, 2015

102 - NonVAT-Allowable Itemised Deduction Individuals
November 6-7, 2014
June 9-10, 2015
November 5-6, 2015

103 - VAT-Optional Standard Deduction Individuals
January 8-9, 2015
April 7-8, 2015
December 2-3, 2015

104 - VAT-Allowable Itemised Deduction Individuals
October 30-31, 2014
June 18-19, 2015
November 25-26, 2015

201 - NonVAT-Optional Standard Deduction Corporations
January 14-15, 015
March 5-6, 2015
November 11-12, 2015

202 - VAT-Allowable Itemised Deduction Corporations
August 21-22, 2014
December 8-9, 2014
March 18-19-2015
May 7-8, 2015

203 - VAT-Allowable Itemised Deduction PEZA-entities
February 12-13, 2015
July 7-8, 2015

Courses for TAX CONSULTING
501 - eLetter of Authority, Letter Notice, Subpoena Duces Tecum
August 14-15, 2014
September 25-26, 2014 (Davao)
October 2-3, 2014 (Cebu)
November 13-14, 2014 (Iloilo)
February 5-6, 2015
June 25-26, 2015
September 3-4, 2015

502 - Tax Mapping, Benchmarking, Oplan Kandado
December 2-3, 2015
February 26-27, 2015
May 21-22, 2015
September 10-11, 2015
December 8-9, 2015

503 - How to Compromise Your Tax, Surcharge, Interest, Penalty
January 29-30, 2015
August 5-6, 2015

504 - Top 10 BIR Deficiency Assessments for Income Tax
April 29-30, 2015
August 13-14, 2015
October 7-8, 2015

505 - Top 10 BIR Deficiency Assessments for Withholding Tax
December 11-12, 2014
September 16-17, 2015
October 14-15, 2015

506 - Top 10 BIR Deficiency Assessments for Value Added Tax
March 11-12, 2015
August 19-20, 2015
October 22-23, 2015
April 23-24, 2015

507 - Surviving a Publicly Humiliating Tax Evasion Assault
October 23-24, 2014
May 13-14, 2015
September 24-25, 2015
December 10-11, 2015

508 - Saving & Shielding Your Assets from Taxes & Expenses
August 25/27/29, 2014
November 18/21/25, 2014
July 22-24, 2015
November 18/19/20, 2015

Subject to
(1) change without notice/obligation
(2) applicable terms and conditions
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