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Saturday 4 April 2020
Eight most asked questions about financial statements
On October 11, 2019, I received a Notice For Informal Conference (NIC) which is dated on _____________ and signed by the good RDO.
Two communications are attached to the NIC. The first one is a premeditatedly prepared letter named under "RESPONSE TO FINDINGS PURSUANT TO SECTION 228 OF NIRC OF 1997, AS AMENDED" and dated on October 11, 2019. The last one is a BIR Form No. 0605. The RDO pre-approved the said form. On the face of the said form, The RDO voluntarily inserted on the 'ATC' box, the phrase "MC031". The MC031 means a delinquent account. He also affixed his signature below this idiom, "For Payment of Deficiency Taxes From Audit/Investigation/Delinquency Accounts".
Now, These gestures lawfully confirmed that P129,862.15 is a delinquent amount pre-approved for the payment.
On November 11, 2019, the good CCD received my Request For CTD-Release. My request is for her to prepare, sign and issue a Certificate of Tax Delinquencies/Tax Liabilities (CTD).
On December 6, 2019, the CCD released the said CTD.
On February 17, 2020, the good RDO received my Request For APF-Signature. My requested is for him to sign my prepared Acceptance Payment Form (APF).
On February 21, 2020 and February 24, 2020, the good CCD and the good RDO, respectively, received my Formal Demand To Release CTD/APF.
I received a deafening reply or irrelevant reaction.
On February 21, 2020 and February 26, 2020, the good CCD and the good RDO, respectively, received my Last Opportunity Before Suits. My notice includes the ARTA’s Memorandum No. 2020-02. Such Memorandum confirms the automatic approval of all Applications that remained pending by way of following the 3-7-20 rules of the Ease of Doing Business Law.
I received a deafening reply or irrelevant reaction.
Under Section 3(a), Republic Act (RA) No. 11213, the term ‘BASIC TAX ASSESSED’ refers to the latest assessment issued by the BIR against the taxpayer. By then, I realised that the CTD issued by CCD is inappropriate to its guidelines.
On March 4, 2020, the good CCD received my Request For the Release of an Amended CTD. My request is for her to issue me an amended CTD, which must reflect the delinquency tax shown in the NIC.
I received a deafening reply or irrelevant reaction.
The Tax Amnesty Law is offering a very attractive benefits. I am very much interest to be part of its beneficiaries.
Our Supreme Court already organised a convenient structure in handling the Applications For Tax Amnesty. This fundamental will reach the goals of the Ease of Doing Business Law. Here are its six steps.
Whether or not the applicant-taxpayer is qualified to avail oneself of the tax amnesty;
Whether or not the applicant-taxpayer complied with the requirements of the tax amnesty law;
Whether or not the applicant-taxpayer paid the correct amount of amnesty tax within the period prescribed by law;
Whether or not the revenue officers involved unlawfully introduced new exceptions and conditions to the coverage of the tax amnesty law;
Whether or not the revenue officers involved unjustly neglected the terms of the tax amnesty law; and
Whether or not the revenue officers involved substituted the substance of the tax amnesty law with their judgment.
I am taking the initiative to present below, where I got these six necessary measures.
G.R. No. 167679). Contrary to respondent Commissioner of Internal Revenue’s stance, Republic Act No. 9480 (Tax Amnesty Law) confers no discretion on respondent Commissioner of Internal Revenue. The provisions of the law are plain and simple. Unlike the power to compromise or abate a taxpayer’s liability under Section 204 of the 1997 National Internal Revenue Code that is within the discretion of respondent Commissioner of Internal Revenue, its authority under Republic Act No. 9480 is limited to determining whether (a) the taxpayer is qualified to avail oneself of the tax amnesty; (b) all the requirements for availment under the law were complied with; and (c) the correct amount of amnesty tax was paid within the period prescribed by law. There is nothing in Republic Act No. 9480 which can be construed as authority for respondent Commissioner of Internal Revenue to introduce exceptions and/or conditions to the coverage of the law nor to disregard its provisions and substitute his own personal judgment.
My Application For Tax Amnesty (Application), which is covered by the specified provision of Republic Act (RA) No. 11213, is manifested in a box with a checkmark. The unchecked boxes are irrelevant.
Section 17(a)
Section 17(b)
Section 17(c)
Section 17(d)
Qualifying under any of the above instances or coverages entitles an amnesty applicant to the comprehensive privileges and untouched benefits of RA 11213.
Under, Revenue Regulations (RR) No. 4-2019, the term “DELINQUENT WITHHOLDING TAX LIABILITIES FROM NON-WITHHOLDING OF TAX” per its Section 3(A)(2)is separate and distinct from the term “WITHHOLDING TAX LIABILITIES OF WITHHOLDING AGENTS ARISING FROM THEIR FAILURE TO REMIT WITHHELD TAXES” per its Section 3(D). Else, the need to separate them and then, place them into different sections of RR 4-2019 is unlawful and a waste of time, paper and money. The fundamental distinction between them is traceable from the documents that supported their existence.
Either a Formal Letter of Demand (FLD), Final Assessment Notice (FAN) or Final Decision on Disputed Assessment (FDDA), which is issued on or before April 24, 2019, or the effectivity of RR 4-2019, is sufficient to confirm the existence of the “DELINQUENT WITHHOLDING TAX LIABILITIES FROM NON-WITHHOLDING OF TAX”.
For the phrase “WITHHOLDING TAX LIABILITIES OF WITHHOLDING AGENTS ARISING FROM THEIR FAILURE TO REMIT WITHHELD TAXES”, a Notice For Informal Conference (NIC), Preliminary Assessment Notice (PAN) or their equivalent documents will authenticate its actuality. Neither FLD/FAN) nor FDDA is necessary to validate its occurrence. However, the presence of either a protested FLD/FAN or protested FDDA is a welcome addition.
Its Section 5(A)(4) says that in cases of applications under Section 3(D), either delinquent account or not, with or without FAN/FDDA, the Preliminary Assessment Notice (PAN)/Notice for Informal Conference (NIC) or equivalent document is sufficient.
Its Section 2(E) defines the term ‘WITHHOLDING AGENT’ as aperson required to withhold, account for, and remit within the prescribed period any tax imposed by the 1997 Tax Code, as amended.
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