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Cancellation of VAT Registration. – A person whose registration has been cancelled due to retirement from or cessation of business, or due to changes in or cessation of status under Section 106 of this Code may, within two years from the date of cancellation, apply for the issuance of a tax credit certificate for any unused input tax which may be used in payment of his other internal revenue taxes. The term “input tax” means the value-added tax due from or paid by a VAT-registered person in the course of his trade or business on importation of goods or local purchase of goods or services, including lease or use of property, from a VAT-registered person. It shall also include the transitional input tax determined in accordance with Section 111 of this Code. Authority of the Commissioner to Determine the Appropriate Tax Base. – The Commissioner shall, by rules and regulations prescribed by the Secretary of Finance, determine the appropriate tax base in cases where a transaction is deemed a sale, barter or exchange of goods or properties under Subsection hereof, or where the gross selling price is unreasonably lower than the actual market value. Duties of Certain Officers and Debtors.

– Any person who sells heated tobacco products and vapor products at a price lower than the combined excise and value-added taxes shall be punished with a fine of ten times the amount of excise tax plus value-added tax but not less than One hundred thousand pesos (P100,000.00), and imprisonment of not less than two years but not more than four years. The penalties prescribed under Section 248 of this Code shall be imposed on any violation of the rules and regulations issued by the Secretary of Finance, upon recommendation of the Commissioner, prescribing the place of filing of returns and payments of taxes by large taxpayers. Exhibition of Certificate of Payment at Place of Business. – The certificate or receipts showing payment of taxes issued to a person engaged in a business subject to an annual registration fee shall be kept conspicuously exhibited in plain view in or at the place where the business is conducted; and in case of a peddler or other persons not having a fixed place of business, shall be kept in the possession of the holder thereof, subject to production upon demand of any internal revenue officer. – A tax credit certificate issued in accordance with the pertinent provisions of this Code, which shall remain unutilized after five years from the date of issue, shall, unless revalidated, be considered invalid, and shall not be allowed as payment for internal revenue tax liabilities of the taxpayer, and the amount covered by the certificate shall revert to the general fund.

[ G.R. No. 198756, January 13, 2015 ]

Jihad becomes fardhu ‘ayn or individual obligation when the enemy sets a camp for about 300 kilometers from the population center of the Muslims. This is the opinion of Imam Shafie. Clearly, jihad is the main factor that kept the Bangsamoro society in the face of western onslaught. Jihad as fardhu ‘ayn sustains the continuity of the jihad up to the present. The early Muslim inhabitants in mainland Palawan were the Panimusan. These people became Muslims as a result of close contact with the Sulu Sultanate. Many Tausug during the sultanate period came to Palawan in order to introduce Islam to the local people.

– If the gift is made in property, the fair market value thereof at the time of the gift shall be considered the amount of the gift. In case of real property, the provisions of Section 88 shall apply to the valuation thereof. There shall be levied, assessed, collected and paid upon the transfer by any person, resident or nonresident, of the property by gift, a tax, computed as provided in Section 99. Payment of Tax Antecedent to the Transfer of Shares, Bonds or Rights. – There shall not be transferred to any new owner in the books of any corporation, sociedad anonima, partnership, business, or industry organized or established in the Philippines any share, obligation, bond or right by way of gift inter vivos or mortis causa, legacy or inheritance, unless a certification from the Commissioner that the taxes fixed in this Title and due thereon have been paid is shown.

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The interest income earned from bonds is not synonymous with the “gains” contemplated under Section 32 of the 1997 National Internal Revenue Code, which exempts gains derived from trading, redemption, or retirement of long-term securities from ordinary income tax. All borrowings of banks, non-bank financial intermediaries, finance companies, investment companies, trust companies, including the trust department of banks and investment houses, evidenced by deposit substitutes instruments. Here, the nature and importance of the issues raised to the investment and banking industry with regard to a definitive declaration of whether government debt instruments are deposit substitutes under existing laws, and the novelty thereof, constitute exceptional and compelling circumstances to justify resort to this court in the first instance. In this case, an appeal to the Secretary of Finance from the questioned 2011 BIR Ruling would be a futile exercise because it was upon the request of the Secretary of Finance that the 2011 BIR Ruling was issued by the Bureau of Internal stole my deposit Revenue. It appears that the Secretary of Finance adopted the Commissioner of Internal Revenue’s opinions as his own.This position was in fact confirmed in the letter dated October 10, 2011 where he ordered the Bureau of Treasury to withhold the amount corresponding to the 20% final withholding tax on the interest or discounts allegedly due from the bondholders on the strength of the 2011 BIR Ruling. A zero-coupon bond is a bond bought at a price substantially lower than its face value , with the face value repaid at the time of maturity.It does not make periodic interest payments, or have so-called “coupons,” hence the term zero-coupon bond.However, the discount to face value constitutes the return to the bondholder. Duringt this period, the Sulu sultanate expanded its foreign relations to China. Sultan Badar-uddin sent ambassador to China in 1717; and again in 1733. The objective of China policy is to inform the Chinese leaders about the long war between Sulu and Manila. The sultanate wanted to enlist the military support of the Chinese government.

This tax shall be proportionally increased for any strength of the spirits taxed over proof spirits, and the tax shall attach to this substance as soon as it is in existence as such, whether it be subsequently separated as pure or impure spirits, or transformed into any other substance either in the process of original production or by any subsequent process. Medicinal preparations, flavoring extracts, and all other preparations, except toilet preparations, of which, excluding water, distilled spirits form the chief ingredient, shall be subject to the same tax as such chief ingredient. ‘Stemmed leaf tobacco,’ as herein used, means leaf tobacco which has had the stem or midrib removed. The term does not include broken leaf tobacco. Mode of Computing Contents of Cask or Package.

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The term ‘taxable year’ means the calendar year, or the fiscal year ending during such calendar year, upon the basis of which the net income is computed under this Title. ‘Taxable year’ includes, in the case of a return made for a fractional part of a year under the provisions of this Title or under rules and regulations prescribed by the Secretary of Finance, upon recommendation of the commissioner, the period for which such return is made. Any officer or employee of an authorized agent bank assigned to receive internal revenue tax payments and transmit tax returns or documents to the Bureau of Internal Revenue shall be subject to the same sanctions and penalties prescribed in Sections 269 and 270 of this Code. Authority to Terminate Taxable Period.

The BIR is mandated to issue a revenue regulation prescribing the cigarette floor price or the minimum cigarette price taking into account the sum of the excise and value-added taxes as provided herein. ‘Net-retail price’ shall mean the price at which the cigar is sold on retail in at least five major supermarkets in Metro Manila , excluding the amount intended to cover the applicable excise tax and the value-added tax. For cigars which are marketed only outside Metro Manila, the ‘net retail price’ shall mean the price at which the cigar is sold in at least five major supermarkets in the region excluding the amount intended to cover the applicable excise tax and the value-added tax. This shall be provided by the manufacturer or importer through a sworn statement and shall be validated by the Bureau of Internal Revenue through a price survey. Any manufacturer, distributor, or importer who, in violation of this Section, misdeclares or misrepresents in his/her or its sworn statement herein required any pertinent data or information shall, upon final findings by the Commissioner that the violation was committed, be penalized by a summary cancellation or withdrawal of his/her or its permit to engage in business as manufacturer, distributor, or importer of vapor products. Unit packets and any outside wrapping of heated tobacco products and other similar products shall carry a health warning compliant with Republic Act No. 10643, otherwise known as ‘The Graphic Health Warnings Law’. Manufacturers and importers of distilled spirits shall, within thirty days from the effectivity of this Act, and within the first five days of every third month thereafter, submit to the Commissioner a sworn statement of the volume of sales and removals for each particular brand of distilled spirits sold at his establishment for the three-month period immediately preceding. In addition to the ad valorem tax herein imposed, the specific tax imposed under this Section shall be increased by six percent (6%) every year thereafter, effective January 1, 2025, through revenue regulations to be issued by the Secretary of Finance.

Within sixty days from the end of the three year period from the effectivity of this Act, the interagency committee and respective implementing agencies for the above programs shall submit corresponding program assessments to the COCCTRP. The National Expenditure Program from 2019 onwards shall provide line items that correspond to the allocations mandated in the provisions above. Prescription shall begin to run from the day of the commission of the violation of the law, and if the same be not known at the time, from the discovery thereof and the institution of judicial proceedings for its investigation and punishment. Provided, That the cumulative possession of false/counterfeit/recycled tax stamps in excess of the amount of Fifty million pesos (P50,000,000.00) shall be punishable by a fine of Five hundred million pesos (P500,000,000.00) or up to ten times the value of the illegal stamps seized, whichever is higher, and imprisonment of not less than ten years but not more than fifteen years. Printing of other fraudulent receipts or sales or commercial invoices. He has ceased to carry on his trade or business, and does not expect to recommence any trade or business within the next months. Report of Sale to Bureau of Internal Revenue. – Within two days after the sale, the officer making the same shall make a report of his proceedings in writing to the Commissioner and shall himself preserve a copy of such report as an official record. Policies of insurance or annuities made or granted by a fraternal or beneficiary society, order, association or cooperative company, operated on the lodge system or local cooperation plan and organized and conducted solely by the members thereof for the exclusive benefit of each member and not for profit.

Wrongs are never corrected by committing other wrongs, and as above-discussed the recovery of ill-gotten wealth does not and should never justify unreasonable intrusions into constitutionally forbidden grounds. It is for these reasons that, in my view, the writs of sequestration involved in these cases should now be lifted in accordance with the last paragraph of Section 26, Article XVIII of the Constitution. Sequestration is an extraordinary, harsh and severe remedy. It should be confined to its lawful parameters and exercised, with due regard, in the words of its enabling laws, to the requirements of fairness, due process, and Justice.

In the case of property held in trust, the allowable deduction shall be apportioned between the income beneficiaries and the trustees in accordance with the pertinent provisions of the instrument creating the trust, or in the absence of such provisions, on the basis of the trust income allowable to each. Year in Which Credit Taken. – The credits provided for in Subsection of this Section may, at the option of the taxpayer and irrespective of the method of accounting employed in keeping his books, be taken in the year which the taxes of the foreign country were incurred, subject, however, to the conditions prescribed in Subsection of this Section. If the taxpayer elects to take such credits in the year in which the taxes of the foreign country accrued, the credits for all subsequent years shall be taken upon the same basis and no portion of any such taxes shall be allowed as a deduction in the same or any succeeding year. Adjustments on Payment of Incurred Taxes. In the case of such a tax incurred but not paid, the Commissioner as a condition precedent to the allowance of this credit may require the taxpayer to give a bond with sureties satisfactory to and to be approved by the Commissioner in such sum as he may require, conditioned upon the payment by the taxpayer of any amount of tax found due upon any such redetermination. The bond herein prescribed shall contain such further conditions as the Commissioner may require. – In the case of any such individual who is a member of a general professional partnership or a beneficiary of an estate or trust, his proportionate share of such taxes of the general professional partnership or the estate or trust paid or incurred during the taxable year to a foreign country, if his distributive share of the income of such partnership or trust is reported for taxation under this Title.

Net purchases amount to P720,000 per year. What is the nominal annual cost of its non-free trade credit? In giving up a cash discount, the amount of the discount that is given up is the interest being paid by a firm to keep its money by delaying payment for a number of days. The cost of trade credit varies directly with the size of the cash discount and inversely with the length of time between the end of the discount period and the final due date. 53 Indeed, in at least three instances, in Cases Nos. 0014, 0024 and 0033, supra., these rules were invoked and applied by the Sandiganbayan as basis for admission of amendments of its complaints by the PCGG to implead sequestered corporations as party defendants; and there are at this time motions pending before the Sandiganbayan, grounded on the same rules, for leave to amend the complaints in other cases (e.g., Nos. 0016 and 0021). In cases where stocks of a corporation were allegedly the fruits of ill-gotten wealth, it should be remembered that in most of these cases the stocks involved constitute a substantial if not controlling interest in the corporations. The basic tenets of fair play demand that these corporations be impleaded as defendants since a judgment in favor of the government will undoubtedly substantially and decisively affect the corporations as distinct entities. The judgment could strip them of everything without being previously heard as they are not parties to the action in which the judgment is rendered. For orders of sequestration issued before ratification of the 1987 Constitution, the corresponding judicial action or proceeding should be filed within six months therefrom (i.e., six months from 02 February 1987); and for orders issued thereafter, within six months from issuance of the order of sequestration, etc. And equally, if not more, important, strong paramount public policy is not to be set at naught by technical rules of procedure or by narrow constructions of constitutional provisions that frustrate their clear intent or unreasonably restrict their scope.

– If at any time prior to the consummation of the sale all proper charges are paid to the officer conducting the sale, the goods or effects distrained shall be restored to the owner. Where the basic tax involved exceeds One million pesos (P1,000.000) or where the settlement offered is less than the prescribed minimum rates, the compromise shall be subject to the approval of the Evaluation Board which shall be composed of the Commissioner and the four Deputy Commissioners. Effect of Failure to Stamp Taxable Document. – An instrument, document or paper which is required by law to be stamped and which has been signed, issued, accepted or transferred without being duly stamped, shall not be recorded, nor shall it or any copy thereof or any record of transfer of the same be admitted or used in evidence in any court until the requisite stamp or stamps are affixed thereto and cancelled. Interbank call loans with maturity of not more than seven days to cover deficiency in reverses against deposit liabilities including those between or among banks and quasi-banks. He may also stop and search any vehicle or other means of transportation when upon reasonable grounds he believes that the same carries any article on which the excise tax has not been paid. Custody of Distillery or Distillery Warehouse.

• Any internal revenue tax which has been assessed within the period of limitation as prescribed in paragraph hereof may be collected by distraint or levy or by a proceeding in court within five years following the assessment of the tax.
• The provision is also prone to abuse, as properties can be parceled into lots so that their individual values fall within the VAT-exempt threshold.
• Limitation on Capital losses.
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• To ensure a prompt response, the Commissioner shall confirm receipt of a request in writing to the requesting tax authority and shall notify the latter of deficiencies in the request, if any, within sixty days from receipt of the request.

– Every distillery or distillery warehouse shall be in the joint custody of the revenue inspector, if one is assigned thereto, and of the proprietor thereof. It shall be kept securely locked, and shall at no time be unlocked or opened or remain unlocked or opened unless in the presence of such revenue inspector or other person who may be designated to act for him as provided by law. Automobile shall mean any four or more wheeled motor vehicle regardless of seating capacity, which is propelled by gasoline, diesel, electricity or any other motive power. Provided, That for purposes of this Act, buses, trucks, cargo vans, jeeps/jeepneys substitutes, single cab chassis and special-purpose vehicles shall not be considered as automobiles. ‘Heated tobacco products’ refer to tobacco products that may be consumed through heating tobacco, either electrically or through other means sufficiently to release an aerosol that can be inhaled, without burning or any combustion of the tobacco. Heated tobacco products include liquid solutions and gels that are part of the product and are heated to generate an aerosol. Manufacturers and importers of cigars and cigarettes shall, within thirty days from the effectivity of this Act and within the first five days of every month thereafter, submit to the Commissioner a sworn statement of the volume of sales and removals for cigars and/or cigarettes for the three-month period immediately preceding. The manufacture, importation, sale and distribution of vapor products with flavoring other than plain tobacco or plain menthol, shall be prohibited. Every brewer, manufacturer or importer of fermented liquor shall, within thirty days from the effectivity of this Act, and within the first five days of every month thereafter, submit to the Commissioner a sworn statement of the volume of sales and removals for each particular brand of fermented liquor sold at his establishment for the three-month period immediately preceding. Manufacturers and importers of wines shall, within thirty days from the effectivity of this Act, and within the first five days of every month thereafter, submit to the Commissioner a sworn statement of the volume of sales and removals for each particular brand of wines sold at his establishment for the three-month period immediately preceding.