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got a query also for the tax specialists here... help!

 

i ask a company to bill a client for me lets say P300,000.00.

we agreed even with that client that said amount is net plus taxes.

when the client paid the company who issued the billing,

they took out 12% vat plus wht. then when when the company

paid me, they took out another 12% vat because according to

them they have to declare to the BIR since they made use of

their invoice and their receipt.

 

i never said declare or not declare to the BIR. i simply said

P 300,00.00 to me net. any taxes to be added should be computed

after the P 300,000.00. i feel i was doubly taxed in this situation.

 

heeeelp. thanks in advance.

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got a query also for the tax specialists here... help!

 

i ask a company to bill a client for me lets say P300,000.00.

we agreed even  with that client that said amount is net plus taxes.

when the client paid the company who issued the billing,

they took out 12% vat plus wht.  then when when the company

paid me, they took out another 12% vat because according to

them they have to declare to the BIR since they made use of

their invoice and their receipt.

 

i never said declare or not declare to the BIR.  i simply said

P 300,00.00 to me net.  any taxes to be added should be computed

after the P 300,000.00.  i feel i was doubly taxed in this situation.

 

heeeelp.  thanks in advance.

 

Unfortunately, your question is more a legal question than one which refers to tax. All that the tax laws provide is that when a VAT invoice is issued, it is assumed that the VAT component is included in the gross amount invoiced (VAT Inclusive Rule) so both the customer and the company were acting correctly for tax purposes. Similarly, withholding taxes applies to the amount invoiced that is net of the VAT.

 

The arrangement you chose for your billing actually created a situation where there will be tax leakage in the transaction. This is because essentially the customer became the customer of the company and you were the subcontractor of the company.

 

Thus, the problem boils down to a legal problem because your stipuation was that you were supposed to get 300,000 net of any taxes, meaning that the other parties would have to absorb the taxes imposed by the transaction. They did not absorb the tax and as such, there is a breach of contract that caused you loss of the amount they withheld on the tax.

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good mga bossing

 

i am married for 3 years, just started working here in manila sept of 2004

 

i provided the company all requirements including my marriage cert and birth of my daughter

 

just noticed last jan that tax their deducting to my salary is not for married taxpayer

 

(ok sana, di alam ng mga chikababes...joke). so is asked our hr and they told me to transfer rdo, w/c

 

is in the province to rdo in makati.

 

i have a friend who is working for the BIR in our province, she is asking me a document from my office

 

so i ask our company's hrd if i need to fill up a document/form but they said that i just need to inform

 

BIR in the province to transfer RDO to RDO makati.

 

im really confuse, i know a lot about computers but not taxes.

 

i'll try to check their website, but can you guys pls. try to help me w/ dis RDO stuff..

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good mga bossing

 

i am married for 3 years, just started working here in manila sept of 2004

 

i provided the company all requirements including my marriage cert and birth of my daughter

 

just noticed last jan that tax their deducting to my salary is not for married taxpayer

 

(ok sana, di alam ng mga chikababes...joke). so is asked our hr and they told me to transfer rdo, w/c

 

is in the province to rdo in makati.

 

i have a friend who is working for the BIR in our province, she is asking me a document from my office

 

so i ask our company's hrd if i need to fill up a document/form but they said that i just need to inform

 

BIR in the province to transfer RDO to RDO makati.

 

im really confuse, i know a lot about computers but not taxes.

 

i'll try to check their website, but can you guys pls. try to help me w/ dis RDO stuff..

Since you transferred a place or work.. you also need to transfer your registration.. because you cannot update your registration (ex single to married) without transferringyour registration to your current RDO.

 

What do you need to do is:

 

1.. Fill up a BIR form (i think it is BIR form 1905 ) then submit it to your previous RDO and have it stamp... then submit it to your current RDO to be them to register your account.

 

2. Fill up again a BIR form to update your exemption I think it is BIR form 2305.

 

Supposedly it is the responsibility of your HR dept to have you signed or filled up the transfer of your registration at the time of your start of work.

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hey i have a problem

Unfortunately my TIN number was acquired very "unprofessionally" for my drivers license.( this was a few months  before the clean-up sa LTO, )

can i renew my TIN number? what do i do?

There is no such thing as renewal of TIN number.

 

Once you already secured your TIN illegally or llegally that would be your TIN for life..

 

You can update your information and exemption but you cannot change or renew your TIN.

 

Please note that possessing more than 1 TIN number is illegal and punishable by law

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There is no such thing as renewal of TIN number.

 

Once you already secured your TIN illegally or llegally that would be your TIN for life..

 

You can update your information and exemption but you cannot change or renew your TIN.

 

Please note that possessing more than 1 TIN number is illegal and punishable by law

 

One more thought to the problem. If the TIN that was illegally secured was a legitimate TIN number assigned to you, then regardless of how it was acquired, it becomes your TIN number for life. However, if the TIN number you acquired was not even a legitimate TIN number or a TIN number assigned to someone else, you may need to secure a new TIN number from the BIR.

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Since you transferred a place or work.. you also need to transfer your registration.. because you cannot update your registration (ex single to married) without transferringyour registration to your current RDO.

 

What do you need to do is:

 

1..  Fill up a BIR form (i think it is BIR form 1905 ) then submit it to your previous RDO and have it stamp... then submit it to your current RDO to be them to register your account.

 

2.  Fill up again a BIR form to update your exemption I think it is BIR form 2305.

 

Supposedly it is the responsibility of your HR dept to have you signed or filled up the transfer of your registration at the time of your start of work.

thanks dude :thumbsupsmiley:

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  • 3 weeks later...

hey guys, reading this thread. it is very informative :) definitely great volunteer work from you great people.

 

hope you don't mind me asking now,

 

im planning to setup a web business(sole or corporate?). it is essentially a website wherein I act as a middleman between buyers and sellers. In the end, I get a percentage for their transactions like 10%. how should I go about registering the business and taxation? what category and what not to go about making the website legal and the necessary paperworks.

 

hope you guys can help :) im sure others who are still into e-commerce or web dev would find this useful :) thanks a lot.

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hi,

 

anyone knows how much ang penalty if di makaabot sa deadline ng filitng ng ITR? net loss naman yung business, pero ang alam ko kasi may administrative penalty pa rin na babayaran, tama ba? saka pwede bang BIR1701 at Income statement na lang ang ifile? No need na for signed opinion ng auditor at ng balance sheet? thanks!

 

the business was registered under sole proprietorship format, 100,000 capital.

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hey guys, reading this thread. it is very informative :) definitely great volunteer work from you great people.

 

hope you don't mind me asking now,

 

im planning to setup a web business(sole or corporate?). it is essentially a website wherein I act as a middleman between buyers and sellers. In the end, I get a percentage for their transactions like 10%. how should I go about registering the business and taxation? what category and what not to go about making the website legal and the necessary paperworks.

 

hope you guys can help :) im sure others who are still into e-commerce or web dev would find this useful :) thanks a lot.

Well, if your business will be a sole proprietorship, you need to register 1st at the DTI however if it is a corporation or a partnership, you need to register with the SEC, then you can proceed registering with local government then to the BIR..

 

It will take us around 20 pages :P to discuss the whole procedure... pm me if you want to discuss it further... dont' worry free of charges :hypocritesmiley:

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hi,

 

anyone knows how much ang penalty if di makaabot sa deadline ng filitng ng ITR? net loss naman yung business, pero ang alam ko kasi may administrative penalty pa rin na babayaran, tama ba? saka pwede bang BIR1701 at Income statement na lang ang ifile? No need na for signed opinion ng auditor at ng balance sheet? thanks!

 

the business was registered under sole proprietorship format, 100,000 capital.

If there is no payment, normally penalty is around P200 to P1,000 only. Actually if it is sole proprietor, there is sales limit (i just do not the amount- maybe approximately P550k to P1M) for you to be required to have an attached auditor's opinion.

 

1701 is for salaried employee with other source of income.

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