gabriel64

sir/mam guest1979 (dont know if you're M or F ),

 

 

I just have a few comments. Just came from the BIR office this month ---

 

1.) the employees are very accomodating. Kahit alam kong pagod na sila, di naman sila masungit.

2.) the NO NOON BREAK thing makes us kahit mahaba pila.

3.) eto napansin ko lang. there's no one employee who would explain to me everything there is to know about taxes. Or maybe i have yet to meet one. To start with, when i applied for a personal TIN as private physician, no one told me to secure the COR or cert of registration for a clinic. That's ok. I never held one from the time i applied (2002) until now - either i was employed or was in training. Second, no one told me that instead of filing the yearly 1701 with zero income in it, i could have cancelled the registration na lang pala. Third, last week the officer asked me to secure a certificate of employment from my previous employer, to prove that i was just an employee that time, and not practising privately on my own. I did get it. Today i showed it to a different officer, who barely looked at it and said it wasnt needed. See?

 

my point is, instead of giving me bits of information, why cant just someone tell me what i had to do from the start, how to remedy the problem, and avoid committing the same mistakes again.

 

The officer kanina finally told me to have the registration (as private physician) cancelled na lang since i told him i have no plans to start my own clinic soon, and that i might be employed by a hospital soon. So i might be paying my taxes as an employee instead.

 

 

Just to give you feedback, also for anyone who works at the BIR.

FYI, every year during the week of income tax filing (April 15) there is a help desk at BIR Makati (Near Zuellig Loop) and BIR QC (At Delta, Quezon Avenue). The help desk has people from the Tax Management Association of the Phils. who volunteer to answer questions for the taxpayers. maybe you can ask them during income tax season. At least these people are not BIR officials but private practicioners.

Hope that helps.

submit reciepts under your company name...

 

FBT is tax on fringe benefit given to non rank and file employee such as company vehicles and the likes.. mas malaki po ang tax if FBT compare with withholding tax kasi you hva eto gross up the value.. hirap explain kasi masyadong technical..

Sir adrianne888, I hope you dont mind if I add some examples:

Fringe Benefit Tax is imposed on benefits such as (a) Housing; ( Expense Accounts; © Company Vehicles; (d) Expenses for Foreign Travel; (e) Holiday/vacation expenses. The idea is to treat some of the company perks as additional income subject to tax. That's why there is FBT.

However, the benefit is not taxable if the benefit is necessary for the business of the employer or the convenience of the employer. For example, if the company pays for your foreign vacation travel, it is subject to FBT. But if the company pays for your foreign travel because it is for company business, that should not be taxed for FBT.

thanks for the info... i'm trying to get in ust law... hope i'll pass... is it hard to study law? what skills do i have to learn or have to be ready for law school... thanks...

It's hard to study law. My advice is, you must be sure that this is what you really want.

Apart from logic and good grammer, you also need good memory and good analyzing skills.

Speed reading skill is also a plus.

Btw, kung magaling kang mag-bola sa class recitation, magagamit mo 'yan sa law school at sa court. Naging useful sa practice ko ito. hehehe

hi to all... just want to ask for an advice regarding law school.. im a student trying my luck into a law school... just want to ask for tips and guides on how to pass law school entrance exam and if luck is on my side also tips and guides for the interview... hope you guys can help me... thanks a lot... hope you guys will be my compadres years from now...

The entrance exams of UP and Ateneo focus on English proficiency, abstract reasoning and logic. However, they are not as hard as the US law Entrance Test (LSAT). Kung gusto mo, bili ka ng LSAT reviewer sa National Bookstore. Please note that the law entrance test of UP easier than the LSAT reviewer.

Sa interview ng UP, well.... you must be able to think on your feet and have courage under fire. Panel interview 'yan and they will ask you questions continuously - sometimes simultaneously - to test your nerve.

Be confident, listen to the questions carefully and answer. Don't be intimidated.

Good luck.

Question - Witholding Tax On Leaves Encashments, why? Technically, you've paid the taxes during the months you earned your SL or VL so why is it when you encash, it gets taxed again?

<{POST_SNAPBACK}>

I am assuming based on your statement that you are a salaried employee and are just earning compensation income.

While you are taxed for a period of time (e.g. for your yearly income tax) the basis of the tax is your income. So, if you encash your SL and VL - it comes out like additional income subject to tax.

However, withholding taxes are just advances on your yearly income tax based on your salary for the year. Ideally, your income tax due for the year should equal all the withholding taxes remitted during the year. If not, you will either pay the excess or be entitled to a refund - depending on whether the withholding taxes remitted are less or more than the tax due on your Income Tax Return.

Also, the reason why companies are so diligent in withholding taxes is that VL and SL encashments like yours are classified in the company's ITR as "expenses". However, the BIR will not allow a deduction for an expense if: (1) the expense is not supported by a receipt or other document and (2) if the withholding taxes on the expense were not remitted and paid.

You should clarify with your HR to see if the VL and SL days are already computed in determining your daily rate.

"Nobody steals our chicks and lives!" - Duke Nukem

"I'm gonna rip your head off and s**t down your neck!" - Duke Nukem

on the subject of baen books...

 

if you are into IT or more specifically have programming background, i highly recommend rick cook's the wizard series. can be downloaded from here -> http://www.baen.com/library/rcook.htm

<{POST_SNAPBACK}>

Thanks for the tip. I'll check it out even though I dont have IT/programming background. I know more about history/war - hence the military sci-fi books.

thanks! 

 

m paying my income tax on the 3rd quarter.

wasnt able to meet the 2nd quarter deadline.

 

my accountant said their is a type in income tax

where you show various receipts/expenses. 

i was just wondering, what kind of receipts are

acceptable to BIR?

 

thanks, bro! 

<{POST_SNAPBACK}>

If its your personal income tax - that usually means expenses for business. Did your accountant say what this is for?

Anyway, you need official receipts - not cash vouchers or acknowledgement receipts - ORs. If the receipt has the TIN of the establishment plus the address, that's usually good enough.

If you are using the receipts for proving your input VAT - it has to be a VAT receipt.

Also, the BIR prefers the receipts that have "BIR authority to print" - or something like that printed on the receipt.

"Wacht Am Rhein" (Watch on the Rhine)

author: John Ringo

genre: Sci-Fi/War

Description: A German Panzergroup fighting invading aliens. :cool:

Slightly OT but FYI: Guys, if you are into fantasy or sci-fi, Baen Books has a website with a virtual library. You can download selected books (complete) for free. The website is www.baen.com

No copyright issues - the books are downloadable courtesy of the respective authors.

Demurrer to evidence po, it is a remedy attacking the sufficiency and admissibility of evidence, in effect, you will ask the court to dismiss the case because the evidence available or presented at the moment is insufficient to sustain a case. Risky din po yan on the part of the defense( ill explain in the future if youre interested) It would take some time kasi the court will analyze if indeed the evidence is sufficient.  To be availed of lang po if the defense is really sure that the case is very weak because of lack of evidence nga po.  It is being discouraged by the judge and your lawyer kasi dagdag trabaho lang kung walang magandang basis,..refer to my penultimate sentence.

<{POST_SNAPBACK}>

I agree. Please note that the degree of risk and the procedure to be followed depends on whether your case is criminal or civil - iba kasi 'yung rules.

To give you an idea - I once prosecuted an estafa case. After I finished presenting my evidence, the defense filed a demurrer. I submitted my comments to the demurrer. I only had to argue that my evidence was sufficient to establish a prima facie case (i.e. convincing lang ang evidence, hindi kailangan na proof beyond reasonable doubt at this stage).

6 months after I filed my comments - the court denied the demurrer. :thumbsupsmiley:

It is a risk - but if you have nothing to lose, and you want to delay the case - why not. As long as you are aware of the risks.

By the way, in my experience - if the judge is discouraging you - it is possible that he thinks na the evidence is sufficient. So by filing the demurer - which will probably be denied - you will delay the case for 6 months to a year.

Hello people.

For some strange reason, I get into relationships every four years.

Everytime I break up with one, she gets pregnant or married with another guy within a year after the breakup.

I haven't seen the first in ages.

My second ex married a guy from a rich family and is now a happy housewife.

The third is engaged to a Frenchman and will migrate by the end of the year.

My officemates think that I am charm for people who want to get married - just get involved with me then break up - you'll be married within a few years.

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?

<{POST_SNAPBACK}>

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.

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

 

thanks bro

<{POST_SNAPBACK}>

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

gabriel 64... thank you very much for answering

all out queries in this thread.  it's much appreciated.

<{POST_SNAPBACK}>

Your welcome moderator-sensei.

I think your avatar and signature are cool btw.

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.

m thinking of a topic for my legal thesis...i want to tackle BLOGGING ....any issue aside from admissibility as evidence? i want to handle accountability of BLOGGERS sana in general ..is it legally feasible and defendable

<{POST_SNAPBACK}>

a BLOG is like an internet newsletter right? If it can be published and passed around, why not check the criminal issues - e.g. libel through internet BLOGGING.

Just make sure you focus your thesis on one or a few issues only as you can easily lose focus and then lose control of your topic. good luck.

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.

You are one very helpful person cdma and you are very fortunate genius8. Now you don't have to go to SEC to find out if you can do it on your own. Hope you haven't gone yet. Never would have thought you'd get such a comprehensive reply to your query taking into consideration the length of time that has elapsed since then. More power to you codammanus.

<{POST_SNAPBACK}>

Yes, cdma gave you the full reply - great one too. If you do decide to go to the SEC, ask for the express lane form - that is a complete "kit" of incorporation papers. That way, you do not have to draft everything yourself. Note that the express lane form can usually answer for the usual types of corporations. What kind of company do you intend to form, if you don't mind my asking?

thanks partner! I'll wait for the other details!

<{POST_SNAPBACK}>

In theory, this is the score:

Humiliating someone in public - like your friend, is a violation of article 19 of the civil code - i.e. violating the principple of human relations that people must treat each other with dignity and respect. This can be a cause of action for a civil case. If you file a civil case, it will be an action for damages - in this case, moral damages for wounded feelings and humiliation.

For criminal cases, the acts can be considered as Slander or oral defamation under Article 358 of the Revised Penal Code. This crime involves saying defamatory words at another person.

This can also be considered as Unjust Vexation under paragraph 2, Art. 287 of the Revised Penal Code (Light Coercions) - i.e. unust vexation includes any human conduct which, although not productive of some physical or material harm would, however, unjustly annoy or vex an innocent person.

If you file a criminal case, there is a civil case automatically included with the criminal case - so your friend can be awarded moral damages in the criminal case.

You should be aware of the problems though:

A civil case under Article 19 is the weakest you can file because Article 19 is the catch-all provision of our civil code - any wrong not punished under another provision can be punished under Article 19.

For a criminal complaint, you will have to file this with the office of the city prosecutor in the city where the crime was committed. The prosecutor will only file a criminal case if: (1) he believes the facts of the case constitute a criminal offense; and (2) he believes he has sufficient evidence to justify filing a criminal case. If either or both of these are absent - chances are, he will dismiss the complaint.

If you are really serious about this, you should formally consult a lawyer (preferably one who specializes in these kinds of case) so you can tell him all the facts and show him your evidence. he will be in a better position to tell you if the case will prosper.

Hope this helps.

question ko lang...we are engage in a manangement service agreement sa isang convenience store, so monthly management fee namin binabawasan nila ng 15% EWT  pero wala silang binibigay na Certficate o resibo from BIR na binabayad nga nila ung tax namin, we are engage in this company for 8 months pero until now walang proof ng EWT namin...despite of repeated requests and complains di nila kme ma-provide ng ewt payment form...ano kaya ang magandang gawin?

 

tnx 

<{POST_SNAPBACK}>

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 ()

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.

good morning! I need advice regarding my friend's problem.

 

actually it started daw sa credit card. deliquent sya so na cut yung card nya and the bank hires a legal office to negotiate with her. Thres's no problem about the payment coz she's willing to settle what's due to her but the problem is she was embarrased and humiliated by the legal staff who talked to her. The guy even shouted at her telling about the delaying tactics she's doing and all the considerations was given to her then kelangan lang daw pala nya is to request for installment basis. she felt harrassed and violated her rights.

 

What legal action can she file or do regarding this incident?

 

Tnx.

<{POST_SNAPBACK}>

This could be either a criminal case for slander or just a civil case for damages. I can't go into detail right now because my boss is bugging me. I'll try to reply later.

The comp*tation of the daily rate of a salaried employee paid on a monthly rate depends on the stipulations of the employment contract. The difference would lie on the divisor used. If the contract states that the monthly salary includes being paid saturdays and sundays, to include the paid holidays, even if you did nto work, then the divisor would be 365. If the contract does not specify such, then you are only paid for the actual days of work (The Supreme Court decided so in a case involving PAL and PALEA). PALEA successfully argues using 252 days in a year as a divisor in this case (i.e. 365 days less saturdays and sundays, as well as the legal holidays.

 

In your case, your company uses 260 days as the divisor. If 252 is used, you'd have a daily rate of around 714 pesos.

 

Not much difference there, i think.

<{POST_SNAPBACK}>

Siguro kasama sa comp*tation ng company 'yung holidays.

Empire Strikes Back

True Romance

Cinema Paradiso

The Mummy

The Princess Bride

Aliens 2

Mask of Zorro

Lost in Translation

Chasing Amy

Godfather I

The Two Towers

The Seven Samurai

Shakespeare in Love

Much Ado About Nothing

Excalibur

Question ko lang about Meal allowances. Nagtataka lang ako kasi sa dati kong company, taxable cya dahil nga I computed yung nasa payslip ko. But then, they are also requiring us to submit a quarterly report which they submit to BIR. Hmmm...Di kaya nla submit ito as company expense as part of corporate expense? Is this legal? Or are we cheated? Kasi with my company before them and the company I work for now, Meal/Transpo allowance are NON-TAXABLE. I find it fishy na why do they have to make us submit a MATA report (which they submit to BIR) when they deducted the tax already..

<{POST_SNAPBACK}>

It is legal to deduct salaries and wages as part of corporate expenses. What is important for the company is that the expense is substantiated by documents - probably this is the reason why they require you to submit a quarterly report.

FYI: 13th month pay and other benefits (e.g. x'mas bonus, meal allowance, etc.) are excluded from gross income before computing your taxes (meaning, hindi sila taxed). Pero, may maximum limit ito, hanggang 30,000 lang. So, if your total beneifts exceed 30,000, the excess will be considered as part of your salary when computing your yearly income.

Regardless of whether your benefits are taxable or not - pwedeng i-deduct 'yan as part of company expenses.

Yung officemate ko ay parati na le-late or ung sabi nga na Habitual tardiness yup its a company rule pero as far as late is concern e dami na le-late at hinde lang sya ang may ganong case yun lang napag-initan sya ng supervisor nya at pinalakad yata sa HRD yung case nya kaya ayun pinag resign sya and sapi pa daw ng HR ay wala syang laban kahit mag reklamo sya dahil nung una ayaw nya talaga mag resign bale hayaan na lang na i-terminate sya.  May manager kasi dito na pag nainis sayo ipapalipat ka ng department kahit na malayo sa job description mo, ang nangyayari tuloy pag napipikon nag reresign na lang dahil alam nila na malakas sya...

 

If ever na mangyari ulit ang ganong case ano ba talaga ang magandang gawin ng isang empleyado?

<{POST_SNAPBACK}>

re: pressure to resign

Do not give in to the pressure. If you voluntarily resign or retire, you will probably also sign a quitclaim/waiver which will bind you unless you can prove coercion. You should let them follow Company Procedure (e.g. investigation by HR + Hearing). If they terminate you, file a labor case for illegal dismissal.

re: transfer to non-related jobs

Under certain circumstances, this can be construed as constructive dismissal. However, it is hard to give you an opinion on this because it depends on the circumstances. Also, if the person transferred is a union officer - this may be unfair labor practice or "union busting".