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Sunday, 6 March 2016
Withholding of tax on purchases arises even if no payment has yet been made.
Pursuant to Section 2.57.4 of RR 2-98, a taxpayer is required to withhold tax when the income
payment is paid or becomes payable, or the income payment is accrued or recorded as
expense or asset, whichever is applicable in the taxpayer’s books, whichever comes first. If the
taxpayer recorded its payments as expense, although they were not yet paid or payable, the
obligation to withhold shall be within the last month of the return period in which payments were
claimed as expense for tax purposes. Accordingly, it is not always the payment that
necessitates the withholding of taxes on purchases. Even if payment is yet to occur, withholding
shall be made once the obligation becomes demandable, or was accrued or claimed as
expense for income tax purposes, whichever comes first. (Social Security System vs. Alfredo
V. Misajon, CTA Case No. 8564, June 24, 2015)
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