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BUREAU OF INTERNAL REVENUE Revenue Region 19, Davao City Bolton Ext., Davao City. Our Goal. 2011 Goal: P9.074 B. 4.57% increase or P397 M. 2010 Goal: P 8.677 B. 2. As of Nov. 30, 2011. 3. Our Collection Performance (Jan. to Nov. 2011 in Billion Pesos). 4. PRIORITY PROGRAMS OF BIR
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BUREAU OF INTERNAL REVENUE Revenue Region 19, Davao City Bolton Ext., Davao City
Our Goal 2011 Goal: P9.074 B 4.57% increase or P397 M 2010 Goal: P 8.677 B 2
Our Collection Performance(Jan. to Nov. 2011 in Billion Pesos) 4
PRIORITY PROGRAMS OF BIR RR 19-DAVAO CITY 5
RE-INVIGORATED RATE Pursuant to RMO 27-2010 dated March 17, 2010, amending certain portions of RMO 24-2008 6
RUN AFTER TAX EVADERS • The Bureau had recently realized that maintaining public confidence in the fairness of the tax system is vital to effective tax administration. • By investigating potential violations of the Tax Code and prosecuting tax offenders, the taxpaying public would recognize and be aware that the BIR is committed to ensure that everyone is paying their fair share of taxes. 7
RUN AFTER TAX EVADERS • RATE – instituted in March 2005 in support of BIR’s mandate: • to investigate criminal violations of the NIRC and • to prosecute such cases • Objectives: • To deter, to the greatest possible degree, tax evasion practices • To encourage voluntary compliance with the internal revenue tax laws 8
RUN AFTER TAX EVADERS To date, Com. Kim Henares has filed with DOJ a total of 83 RATE cases as of Dec. 8, 2011 against businessmen & prominent personalities. 9
RUN AFTER TAX EVADERS 10 1 RATE case has been filed against a plastic manufacturer in Tagum City (1st RATE case filed outside Metro Manila); another RATE case has also been filed against a rice dealer in Davao City, including her Accountant
RMO NO. 3-2009 dated January 15, 2009 OPLAN KANDADO 11
OPLAN KANDADO 12 • an initiative to strengthen BIR’s imposition of prescribed administrative sanctions for non-compliance of the ff: • issuance of receipts • filing of returns • declaration of taxable transactions • taxpayer registration, and • paying correct amount of taxes
OPLAN KANDADO GROUNDS FOR SUSPENSION OR TEMPORARY CLOSURE OF BUSINESS • Failure to issue receipts or invoices by a VAT-registered or registrable taxpayer • Failure to file a VAT return • Understatement of taxable sales or receipts by 30% or more of the correct amount thereof in the case of a VAT-registered or registrable taxpayer • Failure to register 13
BENCHMARKING (RMO 4-2006) 14
BENCHMARKING • the process of determining the performance level of taxpayer in a given line of industry • the setting of a standard in determining taxpayers’ performance/ compliance. • used as reference point in a tax survey 15
MONITORING OF SUMMARY LIST OF SALES AND PURCHASES (SLS/P) RMO 56-2010/RMC 60-2010 16
Summary List of Sales/Purchases • Who are required to submit SLS? • All persons liable for VAT (manufacturers/wholesalers/service-providers, etc.) with quarterly total sales/receipts (net of VAT) exceeding P2.5M • Who are required to submit SLP? • All persons liable for VAT (manufacturers/wholesalers/service-providers, etc.) with quarterly total purchases (net of VAT) exceeding P1M 17
Audit of Tax Returns RMO No. 4-2011 dated Feb. 3, 2011 18
AUDIT Issuance of Letters of Authority for Taxable Years 2009 and 2010 giving priority to taxpayers who render professional services Issuance of Letter Notices as a result of the cross-matching operation by the BIR- National Office 19
ACCREDITATION OF TAX AGENTS AND PRACTITIONERS RR 11-2006 as amended by RR 4-2010 and RR 14-2010 20
Where to apply • Submit to the Revenue Region Accreditation Board (RRAB) having jurisdiction over the place of his/its principal residence or place of business. • duly accomplished Application Form • documentary requirements 21
Effects of Accreditation Only those Tax Agents/Practitioners who were issued with Certificate of Accreditation or ID shall be allowed to represent a taxpayer in the BIR 22
Revenue Regulations 18-2011 Providing Penalties for Violation of the Requirement that Output Tax on the Sale of Goods and Services Should be Separately Indicated in the Sales Invoice or Official Receipt 23
Proper Invoicing and Receipting of Output Tax 24 • Revenue Regulations 18-2011 • Reiterates Sec. 237 of the Tax Code that VAT-registered taxpayers should separately bill the VAT. • The amount shall be shown as a separate item in the invoice or receipt
Proper Invoicing and Receipting of Output Tax 25 Ex: If the amount charged is P560.00, it shall be presented in the following manner: Professional Fee (P560.00/112%) P 500.00 Add12% VAT (12% of P500.00 60.00 Total Amount charged P 560.00
What’s wrong…. Sample only 26
Spot the error… Sample only 27
Proper Invoicing and Receipting Sample only 28
Proper Invoicing and Receipting of Output Tax • Penalty • for each act or omission, be punished by a fine of not less than P1,000.00 but not more than P50,000.00 and • suffer imprisonment of not less than two (2) years but not more than four (4) years. 29
Thank you! 30