1

Tax bulletin April 2013

2 Tax Bulletin

HighlightsBIR Rulings

(Page 5)

(Page 5)

(Page 6)

(Page 6)

(Page 7)

(Page 8)

BIR Issuances

(Page 8)

(Page 10)

3

(Page 11)

(Page 14)

(Page 15)

(Page 22)

(Page 23)

(Page 24)

(Page 24)

Subpoenaes Duces Tecum (Page 25)

(Page 29)

BOC Issuance

(Page 29)

BOI Issuance

(Page 30)

4 Tax Bulletin

SEC Issuance

(Page 31)

BSP Issuances

(Page 31)

(Page 32)

(Page 32)

(Page 34)

Court Decisions

(Page 35)

(Page 38)

(Page 40)

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BIR Rulings

BIR Ruling No. 086-13 dated March 05, 2013

Facts:

Issues:

Rulings:

BIR Ruling No. 087-2013 dated March 5, 2013

Facts:

Issue:

Ruling:

6 Tax Bulletin

BIR Ruling No. 094-2013 dated March 18, 2013

Facts:

Issue:

Ruling:

BIR Ruling No. 097-2013 dated March 20, 2013

Facts:

Issues:

7

Rulings:

BIR Ruling No. 111-13 dated March 22, 2013

Facts:

Issues:

Rulings:

8 Tax Bulletin

BIR Ruling No. 114-13 dated March 22, 2013

Facts:

Issue:

Ruling:

BIR Issuances

Revenue Regulations No. 5-2013 dated March 21, 2013

9

10 Tax Bulletin

[Editor’s Note: RR No. 5-2013 was published in the on April 24, 2013.]

Revenue Regulations No. 6-2013 dated April 11, 2013

11

Book value per

AFS

MV per tax declaration

Zonal valuation

Independent appraiser

Highest of the three

Adjustment

[Editor’s Note: RR No. 6-2013 was published in the on April 24, 2013]

Revenue Regulations No. 7-2013 dated April 29, 2013

[*Editor’s Note: See page 15 for RMC No. 31-2013.]

12 Tax Bulletin

Mandatory Requirement

May 10, 2013

Scope of Abatement

May 15, 2013

May 15, 2013

May 15, 2013

13

Procedures

14 Tax Bulletin

May 31, 2013

Technical Working Committee

[Editor’s Note: RR No. 7-2013 was published in both the and on May 1, 2013.]

Revenue Memorandum Circular No. 30-2013 dated April 1, 2013

15

�

Revenue Memorandum Circular No. 31-2013 dated April 12, 2013

Tax Treatment of Compensation Income

� Those employed by foreign embassies/diplomatic missions

Those employed by aid agencies of foreign governments

Japan International Cooperation Agency (JICA)

Deutsche Gessellschaft für Internationale Zusammenarbeit (GIZ)

16 Tax Bulletin

Australian Agency for International Development (AUSAID)

Canadian International Development Agency (CIDA)

Advisory Committee on Voluntary Foreign Aid (USA)

Cooperative for American Relief Everywhere (CARE)

Foster Parents Plan International, Inc (FPPI or PLAN)

Aid agencies and other organizations exempt under Philippine laws

Ford Foundation, Rockefeller Foundation, Agricultural Development Council, Inc. and Asia Foundation

17

International Institute of Rural Reconstruction (IIRR)

Catholic Relief Services – NCWC and Tools for Freedom Foundation

Those employed by the United Nations (UN) and its specialized agencies

UN

Specialized Agencies of the UN

18 Tax Bulletin

FAO

IMF

WHO

United Nations International Children’s Emergency Fund (UNICEF)

United Nations Development Programme (UNDP)

United Nations Population Fund (UNFPA)

19

International Committee of the Red Cross (ICRC)

International Finance Corporation (IFC)

Those employed by organizations covered by separate international agreements

Asian Development Bank (ADB)

ASEAN Centre for Biodiversity (ACB)

International Rice Research Institute (IRRI)

Southeast Asian Regional Center for Graduate Study and Research in Agriculture (SEARCA)

Southeast Asian Ministers for Education Organization (SEAMEO)

20 Tax Bulletin

Southeast Asian Fisheries Development Center Aquaculture Department (SEAFDEC)

International Organization for Migration (IOM)

International Seabed Authority (ISBA)

Partnerships in Environmental Management for the Seas of East Asia (PEMSEA)

Press Foundation of Asia, Inc, (PFA)

International Development Law Institute (IDLI)

World Organization of Scout Movement (WOSM)

21

International Center for Living Aquatic Resources Management (ICLARM)

Colombo Plan Staff College (CPSC)

Employees of other aid agencies of international organizations

Filing of Income Tax Returns and Declaration of Compensation Income

Consequences of Non-Filing and/or Non-Payment of Tax Returns by Covered Individuals

22 Tax Bulletin

Revenue Memorandum Circular No. 33-2013 dated April 17, 2013

Income Tax

�

�

�

23

Franchise Tax

Revenue Memorandum Circular No. 34-2013 dated April 22, 2013

24 Tax Bulletin

Responsibilities of the RDO and Document Processing Division (DPD)

Revenue Memorandum Circular No. 35-2013 dated April 25, 2013

[Editor’s Note: RMC No. 35-2013 is unpublished as of May 9, 2013.]

Revenue Memorandum Order No. 7-2013 dated March 12, 2013

25

�

Revenue Memorandum Order No. 10-2013 dated April 17, 2013

Subpoena Duces Tecum

Bangko Sentral ng Pilipinas

Subpoenaes Duces Tecum

26 Tax Bulletin

27

�

�

known address

28 Tax Bulletin

�

�

�

29

Revenue Memorandum Order No. 11-2013 dated April 22, 2013

�

BOC Issuance

Customs Administrative Order No. 1-2013 dated April 11, 2013

I. Basic Storage RateA. General cargo

B. Special cargo

30 Tax Bulletin

II. Service Charge From To

III. Ancillary Charges A. Backdoor release

B. Deconsolidation fee

C. Returned shipment fee

[Editor’s Note: CAO No. 1-2013 was published in the on April 25, 2013.]

BOI Issuance

BOI Regulation No. 2013-001 dated March 05, 2013

31

�

SEC Issuance

SEC Memorandum Circular No. 6 dated April 23, 2013.

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�

second

BSP Issuances

BSP Circular No. 791 dated April 3, 2013

��

�

�

[Editor’s Note: Circular No. 791 was published in the on April 9, 2013.]

32 Tax Bulletin

BSP Circular No. 793 dated April 8, 2013

�

�

[Editor’s Note: Circular No. 793 was published in on April 15, 2013.]

BSP Circular No. 794 dated April 18, 2013

�

�

33

�

[Editor’s Note: Circular No. 794 was published in on April 23, 2013.]

34 Tax Bulletin

BSP Circular No. 795 dated April 18, 2013

�

�

Payment Due Dates Deadline for Filing

�

35

�

Reports Deadline

�

[Editor’s Note: Circular No. 795 was published in the on April 22, 2013.]

Court Decisions

Mindanao II Geothermal Partnership vs. Commissioner of Internal Revenue (G.R. No. 193301), and Mindanao I Geothermal Partnership vs. CIR (G.R. No. 194637)

Facts:

CIR vs. Aichi Forging Company of Asia, Inc.

Issues:

36 Tax Bulletin

Rulings:

period:

period:

Aichi Forging

However, BIR Ruling No. DA-489-03 dated December 10, 2003

Aichi Forging

Aichi Forging

37

periods:

Aichi Forging

38 Tax Bulletin

Goodyear Philippines, Inc. vs. Commissioner of Internal Revenue

Facts:

Issues:

Rulings:

006-08, the Consolidated Regulations Prescribing the Rules on the Taxation of Sale, Barter, Exchange or Other Disposition of Shares of Stock Held as Capital Assets.

39

per se

40 Tax Bulletin

I-Remit, Inc. vs. Commissioner of Internal Revenue

Facts:

Issue:

41

Ruling:

every through initial public offering”

42 Tax Bulletin

SyCip Gorres Velayo & Co.

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