Bureau of Internal Revenue (BIR) issued Revenue Memorandum Circular (RMC) No. 10-2020 on February 6, 2020 effective of fifteen (15) days after publication in the newspaper of general circulation. The RMC is issued to suspend the requirement in the Philippines to secure a Permit to Use (PTU) for Computerized Accounting System (CAS) in Philippines and Computerized Books of Accounts (CBA) and/ or Components thereof for use of taxpayers in Philippines. The RMC allows to use the above, in the absence of PTU, but will be subject to compliance requirements. All taxpayers with pending PTU for CAS and CBS, are allowed to use such CAS and CBS, provided that the following will be submitted to the Technical Working Group (TWG) Secretariat at the Revenue District Office (RDO)/ Large Taxpayers (LT) Office where they registered. Duly accomplished and notarized Sworn Statement (Annex “A”) with attached Summary of System Description, Commercial Invoice Description, etc., signed
PART 1 A.1. Define/distinguish the following terms: Mala in se and mala prohibita (2%) Grave, less grave, and light felonies (3%) Aberratio ictus, error in personae, and praeter intentionem (3%) A.2. Mr. X has always been infatuated with Ms. Y. Scored by Ms. Y’s disregard for his feelings towards her, Mr. X came up with a plan to abduct Ms. Y in order to have carnal knowledge of her with the help of his buddies, A, B, and C. On the day decided to carry out the plan, and while surreptitiously waiting for Ms. Y, C had a change of heart and left. This notwithstanding, Mr. X, A and B continued with the plan and abducted Ms. Y by forcefully taking her to a deserted house away from the city. There, Mr. X restrained Ms. Y’s arms, while A held her legs apart. B stood as a
PART I A.1. Define the following terms: Trust fund doctrine (2%) Unfair competition (2%) Insurable interest in property (2%) Splitting of deposits (2%) A.2. In May 2018, ABC Corp. entered into merchandising contract with terms and conditions were totally lopsided in favor of the counterparty, XYZ, Inc. As a result, ABC Corp. suffered tremendous financial losses. A year after, or in May 2019, Mr. X became a stockholder of ABC Corp. Learning about the circumstances surrounding the merchandising contract, Mr. X filed a derivative suit against ABC Corp.’s directors to claim damages on behalf of ABC Corp. due to their mismanagement. (a) What is a derivative suit? (2%) (b) Was Mr. X’s filing of a derivative suit proper? Explain. (3%) A.3 In June 2018, DEF Corp, sent notices to its stockholders informing them of the corporation’s issuance of new shares of stock. The notice included a reminder that,
PART I A.1. In January 2018, Mrs. A, a married woman on her sixth (6th) month of pregnancy, was crossing a street when she was suddenly hit by a car being recklessly driven by Me. X. As a result, Mrs. A sustained serious injuries and further, suffered an unintentional abortion. Mrs. A was hospitalized for two (2) months, during which she incurred P400,000.00 in medical fees. Her expenses were all duly substantiated by official receipts. During the two (2)-month period of her confinement, she was unable to report for work and earn salary, which was established at the rate of P50,000.00 per month. Mrs. A then filed a civil case for damages against Mr. X. Based on the case filed by Mrs. A, what is the source of Mr. X’s obligation to her as a result of his acts? Explain (2%) May Mrs. A claim actual damages from Mr. X?
PART I A.1. On October 5, 2016, the Bureau of Internal Revenue (BIR) sent KLM Corp. a Final Assessment Notice (FAN), stating that after its audit pursuant to a Letter of Authority duly issued therefor, KLM Corp. had deficiency value-added and withholding taxes. Subsequently, a warrant of distraint and/or levy was issued against KLM Corp. KLM Corp. opposed the actions of the BIR on the ground that it was not accorded due process because it did not even receive a Preliminary Assessment Notice (PAN) after the BIR’s Investigation, which the BIR admitted. Distinguish a PAN from a FAN. (2%) Are the deficiency tax assessment and warrant of distraint and/or levy issued against KLM Corp. valid? Explain. (3%) A.2. For purposes of value-added tax, define, explain or distinguish the following terms: Input tax and output tax (3%) Zero-rated and effectively zero-rated transactions (3%) Destination Principle (2%) A.3. All
NOVEMBER 3, 2019 2:00 P.M. – 6:00 P.M. PART I A.1. Define, explain or distinguish the following terms: (a) Just and authorized causes (2%) (b) Seasonal and project employees (2%) (c) Strikes and lockouts (2%) (d) Bona fide occupational qualifications (2%) (e) Grievance machinery (2%) A.2. X is a member of the Social Security System (SSS). In 2015, he died without any spouse or children. Prior to the semester of his death, X had paid 36 monthly contributions. His mother, M, who had previously been receiving regular support from X, filed a claim for the latter’s death benefits. (a) Is M entitled to claim death benefits from
NOVEMBER 3, 2019 8:00 A.M. – 12:00 P.M. PART I A.1. Define the following terms: (a) Jus cogens (2%) (b) Principle of double criminality (2%) (c) Act of State doctrine (2%) (d) Precautionary principle (2%) A.2. Under the United Nations Convention on the Law of the Sea (UNCLOS), what are the rights of the Philippines within the following areas: (a) Contiguous zone (2%) (b) Exclusive economic zone (2%) A.3. The Humanitarian Services Society (HSS), an international government organization, assisted the displaced families of Tribe X who had to flee their home country in order to escape the systematic persecution conducted against them by their country’s ruling regime
By: Garry S. Pagaspas, CPA Every country has each own set of rules for documentation and process on company registration and for foreign investors registering a company or legal entity in a particular country like Philippines would be most concern on how soon he could register. Notably, Philippine government agencies are working hand-in-hand to make doing business in the Philippines easier to attract more investors. These simplifications on government processes (say, 1 day approval, or 2 days, etc.) are normally taken from the time of filing with the related government agencies and preparatory to that stage could be lots of stories to tell. In reality, processing of your company registration may prolong, in a way or another, that could be brought about by lack of familiarity of SEC documentary requirements for registration and or lack of preparation. At times, securing a seasoned professional for the purpose is a big factor
By: Garry S. Pagaspas, CPA Court of Tax Appeals (CTA) division has denied the application for refund of donor’s tax alleged to have been erroneously paid by spouses on the transfer of a condominium unit to a common child in relation to the court decision declaring their marriage null and void. In a decision of a Regional Trial Court (RTC) in Makati City sometime November 2015, it declared the marriage of spouses as null and void, and approved the “Agreement on Custody and Support and Liquidation, Dissolution, and Separation of the Property Regime”. In furtherance of the agreement, former spouses executed a Deed of Donation for the transfer of a condominium unit in favor of their common child and paid donor’s tax totaling PhP760,800.00 (each of them paying PhP380,400.00 donor’s tax in respective BIR Form Nos. 1800) for the issuance of the Certificate Authorizing Registration and transfer of the title
2018 Bar Examinations Civil Law November 11, 2018/ 8:00 A.M to 12 N.N. I Sidley and Sol were married with one (1) daughter, Solenn. Sedfrey and Sonia were another couple with one son, Sonny. Sol and Sedfrey both perished in the same plane accident. Sidley and Sonia met when the families of those who died sued the airlines and went through grief-counseling sessions. Years later, Sidley and Sonia got married. At that time, Solenn was four (4) years old and Sonny was five (5) years old. These two (2) were then brought up in the same household. Fifteen (15) years later, Solenn and Sonny developed romantic feelings towards each other, and eventually eloped. On their own and against their parent’s wishes, they procured a marriage license and got married in church. Is the marriage of Solenn ad Sonny valid, voidable, or void? (2.5%) If the marriage is defective,
2018 BAR EXAMINATION TAXATION LAW November 11, 2018/2:00P.M. to 6:00 P.M. I KM Corporation, doing business in the City of Kalookan, has been a distributor and retailer of clothing and household materials. It has been paying the City of Kalookan local taxes based on Sections 15 (Tax on Wholesalers, Distributors or Dealers) and 17 ( Tax on Retailers) of the Revenue Code of Kalookan City (Code). Subsequently, the Sangguniang Panglusod enacted an ordinance amending the Code by inserting section 21 which imposes a tax on “Businesses Subject to Excise, Value-Added and Percentage Taxes under the National Internal Revenue Code (NIRC),” at the rate 50% of 1% per annum on the gross sales and receipts on persons “ who sell goods and services in the course of trade and business,” KM Corporation paid the taxes due under Section 21 under protest, claiming that (a) local government units could not impose a
2018 BAR EXAMINATIONS LABOR LAW November 4, 2018/2:00 P.M. – 6:00 P.M. I Narciso filed a complaint against Norte University for the payment of retirement benefits after having been a part-time professional lecturer in the same school since 1974. Narciso taught for two semesters and a summer term for the school year 1974-1975, took a leave of absence from 1975 to 1977, and resumed teaching until 2003. Since then, his contract has been renewed at the start of every semester and summer, until November 2005 when he was told that he can no longer teach because he was already 75 years old. Norte University also denied Narciso’s claim for retirement benefits stating that only full-time permanent faculty, who have served for at least five years immediately preceding the termination of their employment, can avail themselves of post-employment benefits. As part-time faculty member, Narciso did not acquire permanent employment status
2018 BAR EXAMINATIONS POLITICAL AND INTERNATIONAL LAW November 4, 2018 / 8:00 A.M. – 12:00 N.N I. Congress enacted a law to provide Filipinos, especially the poor and the marginalized, access and information to a full range of modern family planning methods, including contraceptives, intrauterine devices, injectibles, non-abortifant hormonal contraceptives, and family planning products and supplies, but prohibited abortion. To ensure its objectives, the law made it mandatory for health providers to provide information on the full range of modern family planning methods, supplies and services, for schools to provide reproductive health education, for non-governmental medical practitioners to render mandatory 48 hours pro bono reproductive health services as a condition to Philhealth accreditation, and for couples desiring to marry to attend family planning seminar prior to the issuance of marriage license. It also punishes certain acts of refusals to carry out its mandates. The spouses Aguiluz, both Roman Catholics, filed
By: Garry S. Pagaspas, CPA Documentary stamp tax (DST) in the Philippines is generally, a tax imposed on the exercise of certain rights to enter into specific transactions, acts, and deeds relative to business or dealings or properties as manifested by related documents and papers. These are imposed under Sections 173 to 201, Title VII of National Internal Revenue Code of 1997 (RA 8424), as last amended by Republic Act No. 10963 or Tax Reform for Acceleration and Inclusion (TRAIN) Package I that has been effective January 1, 2018. Tax reforms on documentary stamp tax (DST) in the Philippines under TRAIN or RA 10963 is implemented by Revenue Regulations No. 4-2018 (RR 4-2018) dated December 19, 2018 and effective 15 days from publication at the Official Gazette or at a newspaper of general circulation. RR 4-2018 has been published at the Manila Bulletin last January 18, 2018 and its 15th
Value Added Tax Philippines, In and Out
Basic Income Taxation for Sole Proprietors
Basic Business Accounting & BIR Compliance VAT Entity
Compensations, Computation and Must Know Exemptions
Withholding Taxes, Subjects & Application
How to Register Philippine Business Entity?
BIR Examination: Their Procedures and Our Defenses
Basic Income Taxation for Corporations
Returns and Reports Preparation under eBIR Forms and Online Submissions
PEZA Registered Entities: Tax Compliance Seminar
Basic Business Accounting & BIR Compliance : Non-VAT
Permit to Use Accounting Softwares under RMC 10-2020
2019 BAR EXAMINATIONS CRIMINAL LAW
2019 BAR EXAMINATIONS MERCANTILE LAW
2019 Bar Examinations Civil Law
2019 Bar Examinations Taxation Law
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