Wednesday, June 26, 2013

BIR to help foreign groups with back taxes

THE BUREAU of Internal Revenue (BIR) will cooperate with foreign governments, embassies, diplomatic missions, and international organizations in the country to help their local employees comply with the provisions of a recently issued circular noting that they are not exempt from taxes.

"We can make arrangements to help your employees register with the BIR and file their returns," Internal Revenue Commissioner Kim S. Jacinto-Henares told a meeting of the Consular Corps of the Philippines yesterday.

Ms. Jacinto-Henares was the keynote speaker at the event attended by representatives of various foreign countries’ consulates in the Philippines.

"In fact, we’re holding a briefing with the ADB (Asian Development Bank) in July. We’re going to set up kiosks there so their employees can file in one place. Some embassies have also asked us for our help. We’ll arrange something for you if you get in touch with us about difficulties with regard to compliance," she said.

The BIR chief was invited by the corps to speak on the bureau’s tax policies, particularly the implementation of Revenue Memorandum Circular (RMC) 31-2013, which the agency issued on April 12. During yesterday’s forum, members of the corps raised their concerns on compliance with the issuance.

The RMC clarified the liabilities of Filipino and alien employees employed by foreign governments, embassies, diplomatic missions, and other international organizations located in the Philippines and noted that any exemption from income taxes must be granted under any duly recognized international agreements or particular provisions of existing laws.

The circular went on to specify the individuals granted tax exemptions in various foreign organizations such as the United Nations and its specialized agencies; aid agencies of other governments, like the US Agency for International Development and the Japan International Cooperation Agency; and organizations covered by international agreements, such as the Asian Development Bank.

Affected individuals who were not granted such exemptions, such as Filipino or alien employees of these foreign entities liable to Philippine income tax under the provisions of the Tax Code, must file their income tax returns (ITRs) and pay the taxes due on or before April 15 following the close of the taxable year, the RMC said.

Besieged with requests from embassies and organizations, the BIR followed up the issuance with Revenue Regulations (RR) 7-2013, dated April 29. This new issuance provided for the abatement of surcharges, interests, and compromise penalties, which will be imposed on the taxes due from the entities’ employees who have yet to file their 2012 tax returns and those who ought to amend their tax returns to cover tax deficiencies.

Under the law, late income tax return (ITR) filings are slapped with penalties of 20% interest per annum and a 25% surcharge, as well as a compromise penalty dependent on the amount of tax due.

The RR gave the concerned individuals until May 15 to file or amend their 2012 ITRs and pay at least 50% of the taxes due. Following the Tax Code, the remaining 50% of the taxes due must be paid on or before July 15.

Asked if the BIR will give the foreign entities more time to comply with the regulations, Ms. Jacinto-Henares said, "The deadline stands. A deadline is a deadline."

"Our stance is, we’re firm on whatever we’ve said. Our advice to all of you is to tell your employees to file first. If they haven’t registered and filed, how can we talk about compromises?" the BIR chief said.

Ms. Jacinto-Henares also said that any abatement of applicable penalties for those who’ve missed the May 15 deadlines would be dealt with on "a case-to-case basis."

"We can’t talk about reprieves if they don’t file," stressed the official.



source: Businessworld

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