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BIR Concerns


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#21 shmilyso

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Posted 13 August 2005 - 11:01 PM

Under the BIR regulations, the person withholding taxes (payor) is required to furnish the receipient of the payment (payee) with the withholding tax statement (BIR Form 2307).  In fact, upon request of the payee, the payor must give the withholding tax statement simultaneously with payment.

(BIR Revenue Regulations 2-98 as amended, Section 2.58 (B))

The withholding tax statements are monthly statements, btw.

If the payor refuses to furnish you with the statements, he can be subjected to mandatory audit by the BIR for all his income tax liabilities.  To do this, you can report the payor to the BIR through a verified complaint (i.e. sworn/notarized complaint). 

So, you can threaten to report him to the BIR, and say that the penalty is the mandatory audit of his (payor's) books.
Of course - this might ruin your relationship with the owners of the convenience store.

In the meantime, you should require the payor to furnish you with the withholding tax statement when they pay you.

<{POST_SNAPBACK}>


thank you very much.... :blush:

#22 in_style

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Posted 14 August 2005 - 02:30 AM

grabe! ang hirap mag-negosyo...ang EWT now is 15% na, Expanded Withholding Tax ata...imagine mo gano kalaki ang binabayaran ng mga negosyante sa BIR...bukod sa EWT na 'to, meron pang VAT, monthly, quarterly at annual...anong pang matitira nyan...

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truly.
same sentiment here.
sakit sa bulsa. (if only we see where it goes!)

#23 in_style

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Posted 14 August 2005 - 02:35 AM

just want to take the time to thank everyone who regularly
posts in this thread and those who check it out too.
your opinions and inputs about phil tax is very much
helpful and educational. thanks.

#24 pinksmack

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Posted 15 August 2005 - 12:19 AM

guys, i just wanted to clear out how does the tax refund goes. i work in a call center company, but was under a manpower agency before for 6-7 months. i just got absorbed last april.

the processing the tax refund took a long time. coz i believe that it should only take like 2 months after you leave a company (correct me if im wrong). i got mine,, august na. kung hindi ko pa kinulit, hindi pa nila ipa-process.

the refund that they only gave me recently was only from january-april 2005. and,,,, what happened to the september-december 2004? wala na raw ako makukuha, at lumabas pang may utang pa akong 1k, para sa isang payday na hindi na-deduct. nagkaproblema raw yung system nila kaya hindi nabawas yung 1k na yun.

fine! sabi ko (kahit palpak ang system nila) edi i-deduct na lang nila yun sa tax refund ko ng september-december 2004. and again, sabi,,, wala na raw ako makukuha. they didnt even explain why.

i'm just confused about this. shouldnt be all my taxes be returned to me from the time they deducted it from my salary up to the time i ended my contract with them? here.., i started with them in august 2004, but the deductions only began by september. so... what was supposed to be refunded to me is from september 2004-march2005. at wala silang binigay from sept-dec 2004. e yun pa nga dapat ang una kong mareceive in the first place.

i just want to know if i am thinking the right thing, any reactions/advice? help naman po. thanks! =)

#25 earthlyken

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Posted 15 August 2005 - 09:22 AM

guys, i just wanted to clear out how does the tax refund goes. i work in a call center company, but was under a manpower agency before for 6-7 months. i just got absorbed last april.

the processing the tax refund took a long time. coz i believe that it should only take like 2 months after you leave a company (correct me if im wrong). i got mine,, august na. kung hindi ko pa kinulit, hindi pa nila ipa-process.

the refund that they only gave me recently was only from january-april 2005. and,,,, what happened to the september-december 2004? wala na raw ako makukuha, at lumabas pang may utang pa akong 1k, para sa isang payday na hindi na-deduct. nagkaproblema raw yung system nila kaya hindi nabawas yung 1k na yun.

fine! sabi ko (kahit palpak ang system nila) edi i-deduct na lang nila yun sa tax refund ko ng september-december 2004. and again, sabi,,, wala na raw ako makukuha. they didnt even explain why.

i'm just confused about this. shouldnt be all my taxes be returned to me from the time they deducted it from my salary up to the time i ended my contract with them? here.., i started with them in august 2004, but the deductions only began by september. so... what was supposed to be refunded to me is from september 2004-march2005. at wala silang binigay from sept-dec 2004. e yun pa nga dapat ang una kong mareceive in the first place.

i just want to know if i am thinking the right thing, any reactions/advice? help naman po. thanks! =)

<{POST_SNAPBACK}>



try to check the BIR site, maybe there you can find your answer..

whant cc are you connnnected with?

alorica?? :headsetsmiley:

#26 Macy

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Posted 15 August 2005 - 04:06 PM

Merging into the BIR concerns thread

#27 jigger_horny

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Posted 15 August 2005 - 06:35 PM

can any of our MTC member help me on what do I need to do to get my business running? its a renting and lease apartment and I do not have any idea on how to run this - of course I need to register this to BIR ...

I will appreciate po yung mga tulong nyo bro ...

thank you

#28 pinksmack

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Posted 16 August 2005 - 04:08 AM

try to check the BIR site, maybe there you can find your answer..

whant cc are you connnnected with?

alorica?? :headsetsmiley:

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ummm.... yeah, why? bulgar ba?! :blink:

#29 earthlyken

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Posted 18 August 2005 - 12:00 AM

ummm.... yeah, why?  bulgar ba?!  :blink:

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hinde naman, kasi agency kasi sya eh...

kahit malabo yung comp*tation nila sa tax, pro masaya jan dba? :cool:

#30 pinksmack

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Posted 18 August 2005 - 11:15 PM

hinde naman, kasi agency kasi sya eh...

kahit malabo yung comp*tation nila sa tax, pro masaya jan dba? :cool:

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yup. ok lang.. haha! we got absorbed by the company after 6 mos. ayus naman yung sa account. asar lang talaga yung sa agency na pinapaikot ikot kami... i did try to speak with the same accountant the other day... hindi naman kasi ma-explain kung san napunta yung iba. gusto ko lang rin kasi malaman... there might be some other things that i dont understand correctly.... but we do, together with my colleagues deserve an explanation, ayt?!

#31 earthlyken

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Posted 19 August 2005 - 10:26 AM

yup. ok lang.. haha! we got absorbed by the company after 6 mos.  ayus naman yung sa account. asar lang talaga yung sa agency na pinapaikot ikot kami...  i did try to speak with the same accountant the other day... hindi naman kasi ma-explain kung san napunta yung iba. gusto ko lang rin kasi malaman... there might be some other things that i dont understand correctly.... but we do, together with my colleagues deserve an explanation, ayt?!

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AYT :thumbsupsmiley:

#32 gabriel64

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Posted 22 August 2005 - 09:34 PM

guys, i just wanted to clear out how does the tax refund goes. i work in a call center company, but was under a manpower agency before for 6-7 months. i just got absorbed last april......

........just want to know if i am thinking the right thing, any reactions/advice? help naman po. thanks! =)

<{POST_SNAPBACK}>


I might be able to help you, but I need to clarify your story and need some additional info.

What kind of taxes are you claiming for refund? Is this expanded withholding tax? Also, who were you claiming the refund from? Its not clear whether you were claiming from the company or the BIR.

Assuming you are referring to withholding taxes, I have an earlier post here where I explained how withholding taxes work. Your withholding taxes are advances on your income tax for the year. Your April 15 Income Tax Return shows how much tax you should pay for the year - so if the company withheld more, you get a refund. If your ITR shows a higher amount than your withholding tax certificates - you have to pay the deficiency. The number of months is not necessarily an indicaotr.

Please let me know the other details so I can get a better idea of your situation.

#33 in_style

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Posted 23 August 2005 - 12:27 AM

gabriel 64... thank you very much for answering
all out queries in this thread. it's much appreciated.

#34 pinksmack

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Posted 23 August 2005 - 11:25 AM

I might be able to help you, but I need to clarify your story and need some additional info.

What kind of taxes are you claiming for refund?  Is this expanded withholding tax?  Also, who were you claiming the refund from?  Its not clear whether you were claiming from the company or the BIR.

Assuming you are referring to withholding taxes, I have an earlier post here where I explained how withholding taxes work.  Your withholding taxes are advances on your income tax for the year.  Your April 15 Income Tax Return shows how much tax you should pay for the year - so if the company  withheld more, you get a refund.  If your ITR shows a higher amount than your withholding tax certificates - you have to pay the deficiency.  The number of months is not necessarily an indicaotr.

Please let me know the other details so I can get a better idea of your situation.

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hi, thanks gabriel... the one that's being deducted are itw, sss, pag-ibig and philhealth. i just not sure if it;s the exoanded withholdibg tax. and i was claiming it from the agency where i was employed before. but now we got absorbed.

the thing is, they have not even showed me a W2 form. sabi they'll just forward it to our HR (and of course, it hasnt come yet up to now). they also didn't let me sign any forms, i didnt see any ITR forms yet coming from the agency. the only deficiency that i got was nearly 900Php, this is the one that was not deducted to me on one particular month.

"If the taxes withheld from your income is higher than your income tax for the year, you are entitled to a refund. If the taxes withheld are less than the tax due, you have to pay the balance when you file the ITR." .... i quoted this from ur previous post. here's a stupid question... how do i exactly compute my income tax for the year???

again, thanks for ur concern. u really are a big help. :cool:

#35 gabriel64

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Posted 23 August 2005 - 03:44 PM

hi, thanks gabriel... the one that's being deducted are itw, sss, pag-ibig and philhealth. i just not sure if it;s the exoanded withholdibg tax. and i was claiming it from the agency where i was employed before. but now we got absorbed.

the thing is, they have not even showed me a W2 form.  sabi they'll just forward it to our HR (and of course, it hasnt come yet up to now). they also didn't let  me sign any forms, i didnt see any ITR forms yet coming from the agency.  the only deficiency that i got was nearly 900Php, this is the one that was not deducted to me on one particular month.

"If the taxes withheld from your income is higher than your income tax for the year, you are entitled to a refund. If the taxes withheld are less than the tax due, you have to pay the balance when you file the ITR." .... i quoted this from ur previous post.  here's a stupid question...  how do i exactly compute my income tax for the year??? 

again, thanks for ur concern. u really are a big help. :cool:

<{POST_SNAPBACK}>



Your income tax is computed as: (gross taxable income - personal exemptions) * tax rate depending on salary

I can't tell you your tax rate because I don't know your salary (and I don't think you should post that).
Your tax rate is based on a graduated scale, for example if your annual salary is between 10,000 to 30,000, your tax rate is:

P500 + 10% of the excess over P10,000

Personal exemptions refer to your civil status. If you are single, you have a personal exemption of P20,000 which is deducted from your gross (annual) compensation income before computing the tax. So if you make P200,000/year, you deduct 20,000 first and compute the tax based on P180,000.

Your benefits (like bonus, 13th month pay), SSS, Philhealth, Pag-Ibig is exempt - so not included in computing your annual income.

What I am confused about is what exactly you are refunding. sss, pag-ibig and philhealth are dedcuted from your salary but you cannot refund those because they are remitted to the government. That's how you get SSS loans (maybe you can check the SSS thread).

If taxes were withheld from you every quarter, you have to compare how much was withheld for the year to your income tax in your April 15 ITR.

For example, the company deducted 20,000 from your salary as withholding taxes. In your April 15 ITR, the comp*tation shows that your income tax due for the year is only 18,000. You can ask for a refund of 2,000. If your ITR instead shows that your income tax for the year is 23,000, you have to pay an additional 3,000 to the BIR.

By the way: All your tax forms must be signed by you, not the company - so if you did not sign anything, maybe the manpower company did not prepare any tax documents.



To all: Sorry if this post is very long.

#36 gabriel64

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Posted 23 August 2005 - 03:53 PM

gabriel 64... thank you very much for answering
all out queries in this thread.  it's much appreciated.

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Your welcome :) moderator-sensei.

I think your avatar and signature are cool btw.

#37 jigger_horny

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Posted 23 August 2005 - 08:22 PM

very informative... hope you can help me on my problem on my real estate business on apartment lease ...

thanks bro

#38 mark_456

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Posted 24 August 2005 - 06:56 AM

question lng, pg mg resign k b sa work mo before dec tpos d nla dneclare, bgay sa yo ung tax n binayaran mo ksma ng backpay?

#39 gabriel64

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Posted 24 August 2005 - 08:44 AM

very informative... hope you can help me on my problem on my real estate business on apartment lease ...

thanks bro

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Dude, this is just one apartment right? How much do you intend to rent it for and where is it located?

#40 gabriel64

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Posted 24 August 2005 - 09:27 AM

question lng, pg mg resign k b sa work mo before dec tpos d nla dneclare, bgay sa yo ung tax n binayaran mo ksma ng backpay?

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No. If you resign you have to get your Certificate of Compensation Payment/Tax Withheld (BIR Form 2316) from HR/Accounting. You will file this together with your ITR on April 15.

If you get another job during the year. You will be considered to have 2 employers for the year. So you have to submit the certificates from your former and current employer. You then add the total taxes withheld from both employers to see if you still owe the BIR income tax for the year.

But what do you mean "tpos d nla dneclare" - your former employer did not remit the taxes withheld? Bawal 'yan ha. You should make sure they remitted the taxes - otherwise, on Apirl 15 you will pay the taxes that were supposed to be withheld by the company.




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