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Prescribing the Required Documents in the Processing of the Request for the Lifting of Warrant of Garnishment, Notice of Tax Lien, Notice of Levy and Notice of Encumbrance.

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  RMO_No.41-2019-LiftingOfWarrantOfDistraint.pdf (Size: 272.17 KB / Downloads: 0)

Revenue Memorandum Order No. 40-2019 prescribes the procedures for the proper service of Assessment Notices in accordance with the provisions of Section 3.1.6 of Revenue Regulations No. 18-2013.

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  RMO_No. 40-2019-ProperService-PAN-FAN-FLD-FDDA.pdf (Size: 291.63 KB / Downloads: 0)

Revenue Memorandum Order No. 38-2019 clarifies the Tax Exemption of Non-Stock, Non-Profit Corporations under Section 30 of the NIRC 1997.

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  RMO_No. 38-2019-TaxExemption-NonStock.pdf (Size: 348.65 KB / Downloads: 0)

DOLE vs. Kentex
GR233781, July 8, 2019
  
Concept of Double Indemnity under R.A. 8188

RMC No. 74-2019
July 23, 2019

Enchanced BIR Forms Nos. 2306 & 2307

RMC 73-2019
July 23, 2019

Please refer to the revised manual BIR Forms

1604-C
1604-E
1604-F

President Duterte signed E.O. 85 last July 19, 2019 extending by 3-years the duty-free importation of capital goods of a BOI-Registered Enterprise.
The duty-free importation has started under E.O. 57 signed last year, June 22, 2018

The objectives of the EO are:
-To assist start-up and business expansion
-Encourage foreign direct investment by making the Philippines globally competitive

See the complete text of the EOs from the Official Gazette:
E.O. 85
https://www.officialgazette.gov.ph/2019/...85-s-2019/

E.O. 57
https://www.officialgazette.gov.ph/2018/...57-s-2018/

UP vs. City Treasurer of Quezon City
GR No. 214044, June 19, 2019

Facts
This is a petition for certiorari and prohibition filed by the University of the Philippines (UP) against the City Treasurer of Quezon City seeking to annual the Statement of Delinquency addressed to UP as well as the Final Notice of Delinquency which required UP to pay real estate tax on a parcel of land which is currently leased to Ayala Land.

The Issue
WHETHER PETITIONER UNIVERSITY OF THE PHILIPPINES IS LIABLE FOR REAL PROPERTY TAX IMPOSED ON THE SUBJECT PROPERTY LEASED TO AYALA LAND, INC.

- Findings of fact are not necessary as the present petition asks to determine whether UP, as a chartered academic institution with specific legislated tax exemptions, is legally liable for the real property tax on the land leased to ALI. This issue is a pure question of law, not of fact.
- Before the passage of Republic Act No. 9500, there was a need to determine who had beneficial use of UP's property before the property may be subjected to real property tax. After the passage of Republic Act No. 9500, there is a need to determine whether UP's property is used for educational purposes or in support thereof before the property may be subjected to real property tax.
- Section 22 of Republic Act No. 9500, previously quoted above, allows UP to lease and develop its land subject to certain conditions. The Contract of Lease between UP and ALI shows that there is an intent to develop "a prestigious and dynamic science and technology park, where research and technology-based collaborative projects between technology and the academe thrive, thereby becoming a catalyst for the development of the information technology and information technology-enabled service."35 The development of the subject land is clearly for an educational purpose, or at the very least, in support of an educational purpose.
- Section 25(a) of Republic Act No. 9500, provided that all of UP's "revenues and assets used for educational purposes or in support thereof shall be exempt from all taxes and duties."
- There is no longer any need to determine the tax status of the possessor or of the beneficial user to further ascertain whether UP's revenue or asset is exempt from tax.
- Apart from the rule in statutory construction that a law that is enacted later prevails over a law that is enacted earlier because it is the latest expression of legislative will, Sections 27 and 30 of Republic Act No. 9500 provide for rules of construction in favor of Republic Act No. 9500:
- Considering that the subject land and the revenue derived from the lease thereof are used by UP for educational purposes and in support of its educational purposes, UP should not be assessed, and should not be made liable for real property tax on the land subject of this case. Under Republic Act No. 9500, this tax exemption, however, applies only to "assets of the University of the Philippines," referring to assets owned by UP. Under the Contract of Lease between UP and ALI, all improvement~ on the leased land "shall be owned by, and shall be for the account of the LESSEE [ ALI]" during the tenn of the lease. The improvements are not "assets" owned by UP; and thus, UP's tax exemption under Republic Act No. 9500 does not extend to these improvements during the term of the lease.

On April 17, 2019, President Duterte signed the Philippine Innovation Act (“Innovative Startup Act”, RA 11337) which would harness innovation efforts to help the poor and the marginalized and enable micro, small and medium enterprises to be part of the domestic and global supply chain.

A startup refers to “any person or registered entity in the Philippines which aims to develop an innovative product, process or business model.”

"The State shall provide incentives and remove constraints aimed at encouraging the establishment and operation of innovative new businesses, business crucial to their growth and expansion and to strengthen, promote and develop an ecosystem of business and government and non-government institutions that foster an innovative entrepreneurial culture in the Philippines," the law read.