legal Free Legal Advice

[rocco69]

it is possible for you to secure receipts from the BIR just like what doctors do

 

you apply with the BIR as a self-employed (actually you are a mixed employment individual, partly self-employed, partly compensation - but the BIR treats that also as a self-employed individual) professional practitioner. you also apply for receipts with the BIR

 

if you earn more than P550,000 per year, you pay VAT, otherwise you pay 3% on your gross income per month (you'll have to file a return every month - Form 2551M, with the LandBank if you earn every month)

 

 

Good afternoon sirs, i would like to consult for tax matters and i just posted it here parang ito lang kse ang nearest thread about my concern...

 

I am a professional engineer working in a company. but then i have few out-of-office works, that i usually do every weekends. I have a difficultly accepting other projects, especially government projects, because i needed to issue official receipt for their liquidation of my professional fee.

 

Do i need to make a company first and register to SEC or is it possible for me to secure receipts from the BIR just like what doctors do? I heard about vat-registered individuals...was that the right track for me so i can have a receipt booklet from BIR that i can issue to my clients?

 

thanks in advance and i hope our good MTC lawyers can help me...best regards to all!

[stainted]

good afternoon sirs,

 

I'm just curious and concerned.

 

what is the worst thing that your employer can do to you if you made a mistake with no bad faith?

1. can they go after your personal properties or termination lang?

 

My work is risky and the amounts involved are quite high.

 

Thanks!

[HimuraButosay]

meron. kung mapapatunayan mo na imposibleng ma-meet ang target na yan, illegal dismissal yun. ang tanong, ano ang ebidensya mo na imposible siyang ma-meet.

isa pa, kung ipina-alam na sa iyo ang target na ito nung time na na-hire ka as tech support, tapos pumayag ka naman, mahihirapan kang patunayan na imposible ito, otherwise bakit ka pumayag. tsaka, dahil pumayag ka nga, kahit pa imposible ito, pag di mo ito ma-meet, may valid ground na para tanggalin ka (pumayag ka na target yun eh).

 

kung hindi naman ipina-alam sa iyo ang target na ito nung na-hire ka, pwede mo itong i-contest. Good luck sa iyo.

 

 

salamat na marami sa inyong tugon.

[rocco69]

the worst thing an employer can do to you would be to make it appear that you committed a crime, then have you arrested and jailed for it.

 

good afternoon sirs,

 

I'm just curious and concerned.

 

what is the worst thing that your employer can do to you if you made a mistake with no bad faith?

1. can they go after your personal properties or termination lang?

 

My work is risky and the amounts involved are quite high.

 

Thanks!

Edited May 15, 2011 by rocco69

[stainted]

the worst thing an employer can do to you would be to make it appear that you committed a crime, then have you arrested and jailed for it.

thanks boss for the reply, follow up question po sana.

 

I don't think that they will do that. For example, If I approved the release of funds and it turns out that the signature of the depositor was forged (in a bank setting). Aside from terminating me, can they go after my house if they don't go through a criminal proceeding?

 

Thanks in advance!

[virtuoso2022]

it is possible for you to secure receipts from the BIR just like what doctors do

 

you apply with the BIR as a self-employed (actually you are a mixed employment individual, partly self-employed, partly compensation - but the BIR treats that also as a self-employed individual) professional practitioner. you also apply for receipts with the BIR

 

if you earn more than P550,000 per year, you pay VAT, otherwise you pay 3% on your gross income per month (you'll have to file a return every month - Form 2551M, with the LandBank if you earn every month)

 

Sir Rocco thanks a lot for this explanation. Mabuhay!

[rocco69]

if, aside from terminating you, they want to file a civil case to claim compensation from you, then they can do so (ala naman pumipigil sa kanila upang gawin yun). whether it will prosper will depend on the circumstances.

 

thanks boss for the reply, follow up question po sana.

 

I don't think that they will do that. For example, If I approved the release of funds and it turns out that the signature of the depositor was forged (in a bank setting). Aside from terminating me, can they go after my house if they don't go through a criminal proceeding?

 

Thanks in advance!

[jopok]

1. saan ba dapat manggagaling ang pambayad sa abogado ng union sa pagtatapos ng usapin ng CBA? at magkano or ilang porsyento?

 

Ayun sa Art. 222( ng Labor Code:

 

No attorney’s fees, negotiation fees or similar charges of any kind arising from any collective bargaining agreement shall be imposed on any individual member of the contracting union: Provided, However, that attorney’s fees may be charged against union funds in an amount to be agreed upon by the parties. Any contract, agreement or arrangement of any sort to the contrary shall be null and void.

 

Ayun din sa Art. 241(o):

 

Other than for mandatory activities under the Code, no special assessments, attorney’s fees, negotiation fees or any other extraordinary fees may be checked off from any amount due to an employee without an individual written authorization duly signed by the employee. The authorization should specifically state the amount, purpose and beneficiary of the deduction; and

 

Lumalabas na ang pera ng unyon ang dapat na ipambayad sa abugado, hindi ang perang makukuha sa kumpanya bilang benefit ng empleyado sa ilalim ng CBA (unless papayag ang empleyado sa pamamagitan ng isang resolution na aaprubahan ng mayorya ng miyembro sa isang meeting at gagawa siya ng individual written authorization)

 

 

2. ang central organization ba kung saan kasama ang union ay may parte sa makukuha sa CBA?

 

ayun din sa Art. 241(n):

 

No special assessment or other extraordinary fees may be levied upon the members of a labor organization unless authorized by a written resolution of a majority of all the members in a general membership meeting duly called for the purpose. The secretary of the organization shall record the minutes of the meeting including the list of all members present, the votes cast, the purpose of the special assessment or fees and the recipient of such assessment or fees. The record shall be attested to by the president.

 

lumalabas na ganun din ang requirement para makakuha ng pera ang national organization kung saan affiliated ang unyon - kung papayag ang empleyado sa pamamagitan ng isang resolution na aaprubahan ng mayorya ng miyembro sa isang meeting at gagawa siya ng individual written authorization

 

 

thanks for the reply,i ask some of our union officers about the issue and they said that the deduction was approved by the members(unions of companies)of the federation when they had their assembly or meeting sometime ago,,though it was not implemented before in our previous CBA by the previous union president,,and since we have anew leader(president) they sat that its about time that it (10% deduction from the signing bonus as attorneys fee,1,400 strong X php 3,100)should be implemented,illegal pa din ba ito,,?

[rocco69]

illegal pa din ba ito?

 

looks like it. approval by members of the federation IS NOT APPROVAL BY UNION MEMBERS. Plus, no individual written authorization by each union member. However, I suggest you go to DOLE and ask for advice on this (they would be the experts on labor matters, so you'd be getting advice straight from the horse's mouth).

 

thanks for the reply,i ask some of our union officers about the issue and they said that the deduction was approved by the members(unions of companies)of the federation when they had their assembly or meeting sometime ago,,though it was not implemented before in our previous CBA by the previous union president,,and since we have anew leader(president) they sat that its about time that it (10% deduction from the signing bonus as attorneys fee,1,400 strong X php 3,100)should be implemented,illegal pa din ba ito,,?

Edited May 19, 2011 by rocco69

[erika123]

Simple lang ang tanong ko.

If somebody (who owes our company) is selling us their condo in exchange of their loan, who shoulders the transfer tax, doc stamps, notarial fee and registration fee? Magkano ba mga yun?

Thank you.

[rocco69]

1. who shoulders the transfer tax, doc stamps, notarial fee and registration fee?

 

kung sino ang mapagkasunduan niyo na magbabayad, i.e. kung pumayag kayo na charge sa inyo, eh di kayo ang magbabayad, kung mapagkasunduan nyo naman na charge sa may utang sa inyo, eh di sila ang magbabayad. In other words, nasa usapan nyo yan.

 

2. Magkano ba mga yun?

 

Transfer Tax - 0.5% of the selling price, or zonal value or fair market value, which ever is higher.

Documentary Stamp Tax - 1.5% of the selling price or zonal value or fair market value, which ever is higher.

Registration Fee - 0.25% of the selling price, or zonal value or fair market value, which ever is higher.

Capital Gains Tax equivalent to 6% of the selling price on the Deed of Sale or the zonal value, whichever is higher (Withholding Tax if the seller is a corporation)

Unpaid real estate taxes due (if any)

 

Simple lang ang tanong ko.

If somebody (who owes our company) is selling us their condo in exchange of their loan, who shoulders the transfer tax, doc stamps, notarial fee and registration fee? Magkano ba mga yun?

Thank you.

[petrovski]

Mga atty, patanong po. I drive a motorcycle that is registered to a dead relative. It was sold to me by the mother for sentimental reasons. To date, it is still registered under the dead relative's name. My question is: in check points, can the police question why I am driving a motorcycle which is not under my name? If that is their argument, they should be arresting all jeepney drivers right?

[jopok]

illegal pa din ba ito?

 

looks like it. approval by members of the federation IS NOT APPROVAL BY UNION MEMBERS. Plus, no individual written authorization by each union member. However, I suggest you go to DOLE and ask for advice on this (they would be the experts on labor matters, so you'd be getting advice straight from the horse's mouth).

 

last na po ito,,tama ba o legal ba na ang federation ang magtatakda kung magkano ang kukunin nila sa union affiliates at member ng bawat company union sa pagtatapos ng CBA,ano ang basis dito?ano batas ang nagbabawal naman dito?

[cbotc]

Our company (small family business lang) driver aged mid 50s got involved in three road accidents in a span of two weeks. He has been with the company for about twelve years. What is the best way to let him go - separate him or retire him? We didn't think of firing him, thinking his age is getting the better of this performance. And another question is what does the law provide for separation pay? retirement pay?

 

Thanks po.

[evilson]

Mga bro, ask ko lang problem ko

 

last year kasi, yung opisina namin nagkakaso so pati mga office staff like me is nadamay, at nagkaroon kami ng hold departure order sa imigration (kaya di ako makalabas ng bansa ngayon). but last week ko lang nalaman na abswelto kami sa fiscal level, ang question ko is pano ko ipapalift yung hold departure order sakin at kakaylanganin ko ba ng attorney dito at magkano magagastos ko dito?note: wala pa sakin yung reso