BIR files tax evasion complaints against 4 companies before DOJ

admin   •   February 8, 2018   •   5746

MANILA, Philippines — The Bureau of Internal Revenue (BIR) has filed tax evasion complaints against four companies before the Department of Justice (DOJ).

The BIR said it is going after Amberbase Solutions Leasing, Ambrose Industries, La Chilo Cuisine, Inc. and Power Generation of the Philippines (POWERGEN) for more than P181 million unpaid taxes.

The bureau has filed tax evasion complaints against 125 companies under its run after tax evaders or rate program under the Duterte administration. — UNTV News & Rescue

PNP welcomes DOJ move to release parts of review on anti-drug campaign

Robie de Guzman   •   October 21, 2021

 

MANILA, Philippines – The Philippine National Police (PNP) welcomed the decision of the Department of Justice (DOJ) to make public the summaries of the 52 cases it reviewed in connection with deaths related to the government’s campaign against illegal drugs.

In a statement, PNP chief Police General Guillermo Eleazar said the DOJ’s move is “consistent with the PNP stand for transparency and accountability in the police organization.”

“We welcome the decision of Department of Justice to release these documents to the public,” he said.

“Simula pa lang ay lubos na ang ating kooperasyon sa DOJ sa pamumuno ni Secretary Menardo Guevarra sa pamamagitan ng ating SILG Eduardo Año, at ipinaubaya na natin sa kanila ang desisyon tungkol sa mga kasong ito in the interest of truth, transparency and justice,” he added.

According to the DOJ, the summaries that will be released will include docket numbers, names of deceased suspects, places and dates of the incidents, and the review panel’s summary of observations on the cases.

The National Bureau of Investigation is set to conduct case buildup for the possible filing of criminal charges against erring police officers.

Eleazar urged the victims’ families to cooperate in holding policemen who committed abuses accountable for their action.

“Ito rin ang pagkakataon para sa mga pamilya ng nasawi sa police anti-illegal drugs operations para sila’y makapagsumite ng complaint-affidavit o kaya’y magharap ng testigo upang maisampa ang kaukulang kasong kriminal sa korte,” he said.

“Tinitiyak ko ang buong pakikipagtulungan ng PNP sa NBI. Walang mangyayaring takipan at ating pananagutin ang may dapat panagutan,” he added.

He also reminded PNP personnel to strictly follow the Police Operational Procedures to avoid problems in performing their mandate.

“Let this serve as a lesson to all our personnel that as police officers, we are law enforcers who are duty-bound to uphold the law. Tagapagpatupad tayo ng batas, hindi tayo ang batas,” Eleazar said.

“Always remember that the true courage of a police officer is measured by how he keeps his integrity and moral values intact amid the temptation and the pressure to commit abuses and disregard the rule of law,” he added.

Eleazar also stressed the sacrifices of policemen on the ground and the accomplishments of the campaign against illegal drugs.

These include the confiscation of multi-billion peso worth of illegal drugs, the neutralization of key players in the illegal drugs trade in the country and the dismantling of shabu laboratories in the country.

 

BIR to probe tax compliance of initial 250 social media influencers

Robie de Guzman   •   September 16, 2021

MANILA, Philippines – The Bureau of Internal Revenue (BIR) is set to launch an investigation into the initial list of 250 social media influencers to check on their tax compliance.

In a report to Department of Finance (DOF) Secretary Carlos Dominguez III, the BIR said that Letters of Authority (LOAs) for the conduct of investigation have been issued to certain social media influencers found to be “top earners.”

The BIR said that social media personalities who earn money from their posts on digital media are classified as self-employed individuals or persons engaged in trade or business as sole proprietors.

Their earnings are generally considered as business income as defined under BIR’s Revenue Memorandum Circular (RMC) No. 97-2021 issued last Aug. 16, the bureau added.

“We encourage them to register, and then we have the profiling of over 250 personalities. We will do the investigation so that they would pay the necessary corresponding tax on their earnings,” BIR Deputy Commissioner Arnel Guballa said in his report to Dominguez.

Under RMC 97-2021 issued in August, social media influencers should pay income tax and percentage tax or, if applicable, the value-added tax (VAT), as mandated under the National Internal Revenue Code (NIRC) and other existing laws.

Based on the Circular, social media influencers are defined as those who derive their income from the following sources:

  1. a) You Tube Partner Program;
  2. b) sponsored social and blog posts;
  3. c) display advertising;
  4. d) becoming a brand representative/ambassador;
  5. e) affiliate marketing;
  6. f) co-creating product lines;
  7. g) promoting own products;
  8. h) photo and video sales;
  9. i) digital courses, subscriptions, e-books;
    j) podcasts and webinars

The Circular states, among others, that social media influencers who receive free goods in exchange for promotions must declare as income the fair market value of these products.

Income treated as royalties from another country, including payments under the YouTube Partner Program, shall likewise be included in the computation of the gross income of the socmed influencer and shall be subject to tax.

“It must be emphasized that the BIR also has the power to obtain information from foreign tax authorities pursuant to the Exchange of Information (EOI) provision of the relevant tax treaties. The BIR has the means to verify their income as it is clothed with a special power to obtain information from its treaty partners. The BIR may safely rely on the data provided by its treaty partners to establish the influencer’s tax liability,” RMC 97-2021 stated.

“The social media influencers are, therefore, advised to voluntary and truthfully declare their income and pay their corresponding taxes without waiting for a formal investigation to be conducted by the BIR to avoid being liable for tax evasion and for the civil penalty of fifty percent (50 percent) of the tax or of the deficiency tax,” it added.

In order to avoid the risks of double taxation, the BIR advised social media influencers receiving income from a non-resident person residing in a country, with which the Philippines has a tax treaty, to inform the latter that they are residents of the Philippines, and are, therefore, entitled to claim treaty benefits provided under the relevant tax agreement.

The Circular said social media influencers who “willfully attempt to evade the payment of tax or willfully fail to make a tax return, to supply accurate and correct information or to pay tax” shall, in addition to the payment of taxes and corresponding penalties, be held criminally liable under the Tax Code.

DOJ to issue immigration lookout bulletin order against Michael Yang

Aileen Cerrudo   •   September 14, 2021

Michael Yang

 

MANILA, Philippines — The Department of Justice will issue an immigration lookout bulletin order (ILBO) against former presidential adviser Michael Yang on Tuesday, Secretary Menardo Guevarra announced.

This is in response to the request of Senate Blue Ribbon Committee chairman Senator Richard Gordon to place Yang under an immigration watchlist.

Gordon on Monday (September 13) wrote to DOJ Secretary Menardo Guevarra to seek issuance of an immigration lookout bulletin order (ILBO) against Yang.

A similar request was previously submitted to the DOJ for former Department of Budget and Management (DBM) Undersecretary Lloyd Christopher Lao and seven others, to which an immigration lookout order had been released.

Yang and Lao are both under probe due to alleged deficiencies in the use of the P67-billion budget for pandemic response under the Department of Health (DOH) which was reflected in the 2020 Commission on Audit (COA) report.

The Blue Ribbon has been investigating the government’s handling of COVID-19 response funds, including the procurement of supposedly “overpriced” face masks and shields. AAC

 

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