Wednesday, June 25, 2014

Accountants win court reprieve from BIR's fee disclosure rule

MANILA - Accountants on Wednesday were able to secure a temporary injunction against the Department of Finance (DOF) and the Bureau of Internal Revenue's (BIR) regulation forcing these professionals to disclose their professional rates for tax purposes.

The Supreme Court has issued a temporary restraining order against BIR's Revenue Regulation 4-2014 issued on March 20, 2014, which prescribed the policies and guidelines in the monitoring of service fees of professionals.

The restraining order is only applicableto the accounting profession, "subject to the payment by petitioners of  the appropriate and necessary docket and filing fees."

The TRO is effective immediately until further notice from the High Court.

The Association of Small Accounting Practitioners in the Philippines and the Integrated Bar of the Philippines have separately sued Finance Secretary Cesar Purisima and BIR Commissioner Kim Jacinto-Henares for issuing the contested revenue regulation.

The consolidated cases were referred to the en banc after these were raffled off to the Third Division.

According to RR 4-2014, self-employed professionals should register and pay the annual registration fee with the revenue district office or Large Taxpayers District Office that have jurisdiction over them.

Moreover, these professionals must submit an affidavit indicating the rates, manner of billings and the factors they consider in determining their service fees every year.

They also must register the books of accounts and official appointment books, containing only the names of the client the date/time of the meeting.

As part of the monitoring system, these professionals must register their sales invoices and official receipts before issuing these for any transaction.

For cases when the professional did not charge fees, a BIR-registered receipt, acknolwedged by the latter, should be issued showing a discount of 100 percent as substatiation of the "pro-bono" service.

source:  InterAksyon

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