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2012 DECEMBER BIR TAX CALENDAR Part 1




Disclaimer 
 
This is just a guide of the tax calendar of a general nature
and cannot substitute for the advice of a Tax consultant
and a Certified Public Accountant (CPA).
  
Ask your CPA or your Revenue District Office of any
updates and changes in the 2012 BIR Tax Calendar

December DEADLINES:

3 Monday - LAST DAY OF e-SUBMISSION
• Summary lists of sales/purchases by VAT-registered
taxpayers (all eFPS groups) for TQ ended October
2012
SUBMISSION
• Inventory list for FY ended October 2012
• PEZA - ITR filed with the BIR on November 14, 2012 by PEZA-registered enterprises for FY ended July 2012
FILING
• Engagement letters and renewals or subsequent
agreements for financial audit by independent CPAs
for FY beginning February 1, 2013
REGISTRATION
• Computerized books of accounts and other accounting
records in CD-R, DVD-R or other optical media, and
affidavit on the post-reporting requirements for CAS for
FY ended October 2012

5 Wednesday - LAST DAY OF e-FILING/FILING and e-PAYMENT/PAYMENT
• 2000 - DST for November 2012
SUBMISSION
• Summary report of certifications issued by the
President of NHMFC (RA 7279) for November 2012

10 Monday- LAST DAY OF e-FILING/FILING and e-PAYMENT/PAYMENT
• 1600 - Withholding VAT/PT for November 2012
FILING and REMITTANCE
• 1601C, 1601E, 1601Fand 1602 - Withholding return on compensation, EWT and FWT for November 2012 (non-eFPS taxpayers)
• 1606 - Withholding on transfer of real property other than capital assets for November 2012
e-SUBMISSION
• eSales report by large taxpayers (regular and excise)
using CRM/POS and other sales machine with TIN
ending in either an even or odd number for November
2012
SUBMISSION
• Transcript sheets of ORB for distilled spirits, wines, fermented liquor, tobacco products, oil, automobiles, cigarette paper, and mineral products for November 2012
• A sugar cooperative's list of buyers of sugar for November 2012, together with a copy of certificate of advance payment of VAT made by each buyer appearing on the list
• Information return on releases of refined sugar by the proprietor or operator of a sugar refinery or mill for November 2012
DISTRIBUTION
• 2306 - Certificate of VAT/PT withheld for November 2012
• 2307 - Certificate of creditable PT withheld for November 2012
REMITTANCE
• PhilHealth - ME-5 contributions for November 2012
• SSS - R-5 contributions for November 2012 of employers with SSS identification numbers ending in

11 Tuesday - LAST DAY OF
e-FILING
• 1601C, 1601E, 1601Fand 1602 - Withholding
return on compensation, EWT and FWT for November
2012 (Group E)

12 Wednesday - LAST DAY OF
e-FILING
• 1601C, 1601E, 1601Fand 1602 - Withholding
13 Thursday-LAST DAY OF
e-FILING
• 1601C, 1601E, 1601Fand 1602 - Withholding
:ompensation, EWT and FWT for November

14 Friday-LAST DAY OF e-FILING
• 1601C, 1601E, 1601Fand 1602 - Withholding
return on compensation, EWT and FWT for November
2012 (Group B)
FILING
• SEC - AFS for FY ended August 2012 by corporations
whose securities are registered under RSA or SRC
REMITTANCE
• HDMF - Ml-1 contributions by employ.._
names start with letters A to D for November 2012


2012 DECEMBER BIR TAX CALENDAR Part 1

RMO No. 12-2012 dated January 18, 2012 Implementation of eSales under RR No. 5-2005


RMO No. 12-2012 dated January 18, 2012 Implementation of eSales under RR No. 5-2005

► All taxpayers using CRMs, POS machines and other invoice/receipt generating machines enrolled in the eSales System, with or without sales transaction, are required to submit monthly sales report per machine to the BIR through the eSales System. Such monthly sales report per machine shall be submitted on or before the 8th day of the month (for taxpayers whose last digit of the 9-digit TIN is even number) and 10th day of the month (for taxpayers whose last digit of the 9th digit TIN is odd number) following the sales period.

RMO No. 6-2012 dated April 2, 2012 Inspection guidelines for inventories, machineries or equipment


RMO No. 6-2012 dated April 2, 2012

Inspection guidelines for inventories, machineries or equipment
>    This Order is issued to prescribe policies and guidelines for the physical/
ocular inspection and supervision over the destruction/ disposal or verification
of casualty loss in cases wherein the inventories, machineries or equipment
applied for destruction or disposal are located outside the territorial
jurisdiction of the Large Taxpayers (LT) Office or Revenue District Office
where the taxpayer is registered, in relation to the determination of deductible
expense pertaining to inventory of goods, assets which have been declared
as waste or obsolete due to spoilage, deterioration, obsolescence, expiration,
or other causes rendering the same unfit for sale or for use in production.
►  Policies and Guidelines
1.   The application for inventory assets disposal/destruction loss shall be filed with and processed by the concerned LT or Revenue District Office where the principal place of business of the taxpayer is registered.
2.   No application shall be received and processed by the concerned LT or Revenue District Offices unless the prescribed supporting documents and information are sufficient and complete.



3.  In case where the inventories, machineries or equipment applied for destruction or disposal are located outside the territorial jurisdiction of the LT or Revenue District Office where the taxpayer is registered, the physical/ocular inspection and supervision over the destruction/disposal or verification of casualty loss thereof may be conducted by the LT or Revenue District Office having territorial jurisdiction over the place where the said items are located in order to save travel expenses upon request of and with proper coordination by the concerned LT or RDO where the principal office of the taxpayer is registered.

In the event that the inventories/equipment involve a considerable volume such that the destruction/disposal thereof cannot be conducted in one (1) day, the same may be scheduled in a manner acceptable to both the taxpayer and the BIR authorized representative until the total volume applied for has been completely destroyed or disposed of. For this purpose, no destruction or disposal of any inventory, machinery or equipment shall be made without the presence and supervision of the authorized BIR representative


4. The authorized BIR representative of the LT or Revenue District Office who conducted the supervision on the physical destruction /disposal of the inventories/equipment shall make report on the result of supervision of disposal/destruction/verification of casualty loss. The said report together with the supporting documents shall be transmitted to the concerned LT or Revenue District Office where the taxpayer earlier filed its application, for processing, evaluation and preparation of the certificate of deducibility of inventory or asset destructed/disposed/lost.

Inspection guidelines for inventories, machineries or equipment

RR No. 8-2012 dated February 29, 2012 Taxability of PAGCOR

RR No. 8-2012 dated February 29, 2012
Taxability of PAGCOR

* Quoted below is the Court En Banc Resolution dated May 31, 2011 denying with finality motions for partial reconsideration relative to the foregoing:
"G.R. No. 172087 (Philippine Amusement and Gaming Corporation [PAGCOR] vs. Bureau of Internal Revenue, et al.) - Acting on the separate counsel for Bureau of Internal Revenue and the Office of the Government Corporate Counsel for PAGCOR, the Court Resolved to DENY WITH FINALITY the said motion for partial reconsideration, as the basic issues raised therein have been passed upon by this Court and no substantial arguments were presented to warrant the reversal of the questioned Decision"
► This En Banc resolution, therefore, states that PAGCOR shall be taxable for Income Tax Purposes but exempt from the Value Added Tax.

BIR Ruling No. 14-2012 dated January 4, 2012 deductibiiity of Royaity Payments


BIR Ruling No. 14-2012 dated January 4, 2012

►  S Co., a PEZA-registered Ecozone Export Enterprise, enjoys the 5% gross
income tax incentive on gross income from the manufacture and saie of
lighters. Under a license agreement, BV Co. granted S Co. the right to use
intellectual property over technology and trademarks in the manufacture and
sale of the lighters. In consideration for granting the license, S Co. pays
royalties to BV Co.
Issue:
►  Are the royalty payments by S Co. to BV Co. deductible from S Co.'s gross
income for purposes of computing the 5% gross income tax?y of Royaity Payments___________ 


BIR Ruling No. 14-2012 dated January 4, 2012 Non-deductibiiity of Royalty Payments
Ruling:
■    No. Section 2, Rule XX of the PEZA Implementing Rules and Regulations provides an exclusive enumeration of allowable deductions from the gross income of Ecozone export enterprises as follows: .    Direct salaries.'wages or labor expenses
■                 Production supervision salaries
■                 Raw materials used in the manufacture of products
■                 Goods in process (intermediate goods)
■                 Finished goods
■                 Supplies and fuels used in production
■   Depreciation of machinery and equipment used in production, and buildingowned or constructed by an ECOZONE Enterprise
.    Rent and utility charges associated with building, equipment and warehouses, or handling of goods
■                 Financing charges associated with fixed assets.
►   The exclusive enumeration does not include royalty payments.

CTA Case No. 8128 dated November 22, 2011 Legal and Factual bases required in PAN


Issue:
►  Are the deficiency income tax and VAT assessments valid?
Ruling:
►  No. The PAN and Formal Letter of Demand are void because they do
not state the law and the facts on which the assessments were based in
violation of Section 228 of the Tax Code.


CTA Case No. 8128 dated November 22, 2011
Legal and Factual bases required in PAN

CTA Case No. 7967 dated January 5, 2012 Necessity of PAN in BIR assessment


CTA Case No. 7967 dated January 5, 2012 Necessity of PAN in BIR assessment

Mr. Luang argued that the assessment is void since he did not receive a
Preliminary Assessment Notice (PAN) as prescribed under Revenue
Regulations (RR) No. 12-99. On the other hand, the CIR asserted that the
absence of a PAN did not invalidate the assessment since Mr. Luang was
able to file his protest to the FAN within the period provided by law and
regulations.
Issue:
►  Did the absence of a PAN invalidate the assessment?
Ruling:
*■   Yes. The receipt by the taxpayer of a PAN is part of the due process
requirement in the issuance of a deficiency tax assessment, the absence of which nullifies any assessment made by tax authorities.

SSS Long Term Benefits


A. Disability Benefit
Cash benefit paid to a member who has paid at least one contribution and becomes permanently disabled either partially or totally.
Benefit is paid either in lump sum or pension. To qualify for a pension, member must have paid at least 36 monthly contributions.

B. Retirement Benefit
Cash benefit paid to a member who can no longer work due to old age and has reached the age of 60 (voluntary retirement) or 65 (compulsory retirement).
Benefit is paid in lump sum (if with less than 120 contributions) or pension (if with 120 contributions or more).

C. Death Benefit
* Cash benefit paid to primary beneficiaries of a deceased member who had paid at least 36 monthly contributions prior to the semester of contingency. In the absence of primary beneficiaries, the dependent parents shall be the secondary beneficiaries. In their absence, the beneficiary, shall be any other person designated by the member as his secondary beneficiary.

Minimun pension amount
Death and Disability
♦P1,000 if with less than 10 CYS
$P 1,200 if with at least 10 CYS $P 2,400 if with at least 20 CYS
Retirement
#P 1,200 for members with at least 10 CYS
#P 2,400 for members with at least 20 CYS

Funeral Benefit
^Benefit granted in cash amounting to P 20, 000
*to help defray the burial expenses of the deceased person
* Cash benefit is usually paid to the person who shouldered the funeral expenses
^Documents Needed:
- Claim Application
- Death Certificate
- Funeral Receipt
- Affidavit of Funeral Expenses

Other benefits
^Dependents pension
♦paid to dependent children, maximum of five, equivalent to 10% of basic pension or P250 whichever is higher
& Survivor’s pension
♦paid to the surviving dependent spouse of a pensioner, equivalent to 100% of the basic pension



SSS Long Term Benefits












SSS Salary Loan


1. ELIGIBILITY REQUIREMENTS
1.1 For a one-month loan, the member-borrower must have 36 posted monthly contributions, prior to the month of filing of application.
1.2 For a two-month loan, the member-borrower must have 72 posted monthly contributions, prior to the month of filing of application.
1.3 An employed, currently paying self-employed or voluntary member(SE/VM) who has 6 posted monthly contributions for the last 12 months prior to the month of filing of application.
2. LOAN AMOUNT
A one-month salary loan is equivalent to the 2.1
average of the member-borrower’s latest 12
monthly salary credits posted.
2.2 A two-month salary loan is equivalent to twice the average of the member’s latest 12 monthly salary credits posted (rounded to the next higher monthly salary credit, but not to exceed P24,000).


3. REPAYMENT TERM
The one-month or two-month salary loan shall be payable within two (2) years in 24 equal monthly installments.
4. INTEREST AND PENALTY
The loan shall be charged a nominal interest 4.
of 10% per annum. 1
First year’s interest shall be deducted in advance from the proceeds of the loan.
Second year’s interest shall be included in the monthly amortizations.
4.2    Loan amortization not remitted on due date shall bear a penalty of 1% per month.
5. SERVICE FEE
A service fee of 1% of the loan amount shall be charged and deducted from the proceeds of the loan.
6. LOAN RENEWAL
The loan may be renewed after the prescribed amortization period of two (2) years.
Balance of P500 or less deducted from proceeds of new loan.



SSS Salary Loan



CTA Case No. 7890 dated December 29, 2011 Claim for VAT refund on prescription period

CTA Case No. 7890 dated December 29, 2011
Claim for VAT refund on prescription period 


Ruling:
No the judicial claim  to observe the 120 day period prescribed in Section 112(D) of the Tax Code. Section 112(D) of the Tax Code clearly provides that the CIR has "120 days, from the date of the submission of the complete document in support of the application", within which to grant the claim. In case of full or partial denial by the CIR, the taxpayers recourse is to file an appeal before the CTA within 30 days from receipt of the decision. However, if after the 120-day period the CiR fails to act on the application for tax credit or refund, the remedy of the taxpayer is to appeal the inaction of the CIR to CTA within 30 days from the lapse of the 120-day period.




RR No. 14-2011 dated July 29, 2011 Amending certain provision of RR No. 5-2000 on TCCs


RR No. 14-2011 dated July 29, 2011
Amending certain provision of RR No. 5-2000 on TCCs
► This Regulation was issued to amend Section 4 of RR No. 5-2000, with respect to assignment or transfer of Tax Credit Certificates (TCCs), that all TCCs issued by the BIR shall not be allowed to be transferred or assigned to any person.

RMC No. 53-2011 dated November 4, 2011 Excess contributions


RMC No. 53-2011 dated November 4, 2011 Excess contributions
► The taxability of the voluntary contributions of employees to SSS, GSIS, PHIC and HDMF shall apply to employees' contributions beginning July 1, 2011.

SSS COVERAGE AND REGISTRATION

Types of Coverage
•Compulsory Coverage
- Employer/Household employer
- Employee/House helper - Self-employed
•Voluntary Coverage
OFW
Non-working spouse
- Separated member
Employer
Any person, natural or juridical, domestic or foreign, who carries on in the Philippines, any trade, business, industry or activity of any kind and uses the services of another person who is under his orders as regards the employment, except the government and its instrumentalities. (Sec. 8-c)

Any person who:
- performs services for an employer in which
either or both mental and physical efforts are
used;
- receives compensation for such services;
and
- there is an employer-employee relationship. (Sec. 8-d)
Self-employed
Who are the self-employed 

- No employer other than himself; and
- Derives income from his physical and mental efforts. (Sec. 8-s)
Self-employed
Self-employed persons are, but not limited to:
-partners and single proprietors of businesses
-actors, actresses, directors and scriptwriters -professional athletes, coaches, trainers, jockey -self-employed professional
- farmers and fisherfolks
- informal sector workers
- church Priests and Ministers

Requirements/highlights:
- regardless of trade, business or occupation,
- with a monthly income of at least P1,000; and - not over 60 years old (if initial coverage)

Overseas Filipino Workers
-A Filipino recruited by a foreign-based ER for employment abroad; or
-One who has a source of income in a foreign country; or
-A permanent resident of a foreign country.
• Requirements/highlights:
-Not over 60 years of age (if initial coverage). -Minimum MSC is at P5,000.00. -If with existing SS number, need not register thru SS Form OW-1.
Non-Working Spouse
Who are the non-working spouse?
-Legally married to a currently employed member; 
and self-employed
-Devotes full time family affairs.
in the management of the household and

Requirements/highlights:
-Never been a member of the SSS.  
-Has the consent of the working spouse."
-Must register through SS Form NW-1.
-Contribution will be based on 50% of the working spouse’s last posted MSC but in no case should it be lower than P 1,000

 SSS COVERAGE AND REGISTRATION

SSS Contribution and Benefits

Background:
Contribution is the amount paid to SSS by its members
The monthly contributions based on the compensation of SSS members are payable under the two programs, as follows:
SS - 10.4% of MSC not exceeding Php15,000, which are payable by both employer (7.07%) and employee (3.33%)
EC - 1% of MSC not exceeding Php1,000 and payable only by the employer

Basis of monthly contributions
For employees - monthly income/earnings from employment but not lower than Php1,000 (RA 8282)
For self-employed members (including farmers / fishermen) - monthly income/earnings declared upon registration, which should not be less than Php1,000 (RA 8282)

Basis of monthly contributions
For voluntary members - contribution amount indicated in SS Form RS-5 at the time of 1st payment, which should not be less than Php1,000 (Off. Order #150-A)
For OFW - monthly income declared upon registration, which should not be less than Php5,000 (Circular #13-P)
For NWS - 50% of the current MSC of the working spouse

Minimum / Maximum Contributions

Range of Compensation MSC Total   Monthly Contributions
FOR EMPLOYED MEMBERS P
P
MEM 114.00 1,590.00
BERS
Minimum
P 1,000.00 - 1,249.99          P   1,000
Maximum
P 14,750.00 - OVER              P 15,000
FOR VOLUNTARY & SELF-EMPLOYED


Minimum
P 1,000.00 - 1,249.99
Maximum
P  14,750.00 - OVER P   1,000 P 15,000 P
P 104.00 1,560.00

Payment Schemes
Over-the-counter (OTC) Electronic Data Interchange (EDI) Automatic Debit Arrangement (ADA)

New payment Deadlines for SSS Contributions and Members Loan
The new deadline for contributions or members
are as follows:

For regular employers (ERs)
If 10th digit of the 13-digit ER number ends in:

Payment Deadline: (FF. the applicable month)

1 or 2 3 or 4 5 or 6 7 or 8 9 or 0

10th day of the month 15th day of the month 20th day of the month 25th day of the month Last day of the month

Starting applicable month of June 2011 in case of
monthly payment or applicable quarter ending
June 30, 2011 in case of quarterly payment
For household employers (HRS), self-employed (SE) and voluntary members (VM) except OFW-members

If 10th (last) digit Payment Deadline:
SSS number ends in: (FF. the applicable month
or quarter   (for   SE/VM
only)   as the   case
may be)
1 or 2 10th day of the month
3 or 4 15th day of the month
5 or 6 20th day of the month
7 or 8 25th day of the month
9 or 0 Last day of the month

Existing Payment Channels
Payment of Contributions

1. SS«rE-pay
2. Over-the-Counter
a. SSS Branch Offices (90)
b. Accredited Banks/Branches (117)
c. Bayad Center outlets (556)
d. SM Payment Centers (26)
e. Ventaja outlets-overseas (92/13)
3. Mail
f. I-Remit outlets-overseas (53/18)
4. Auto-Debit Arrangement
 participating banks
5. Internet


• To provide convenience to paying members through direct payment of contributions to 556 bayad centers nationwide (includes RCPI).

• To provide convenience to SE/VM and OFW paying members through direct payment of contributions to Shoe Mart Business Centers


UPDATES    (Circular    No.    13-P    -Effective 01 January 2004)
SE/VM, including OFW, may pay contributions either on monthly or quarterly (effective 01 October 2003)
Minimum MSC of OFW is P5,000

UPDATES     (Circular     No.     13-P     -Effective 01 January 2004)
Changing of MSC:
a) SE/VM, including OFW, may change their MSC by one to two salary brackets without requiring the submission of documents to prove their earnings

UPDATES (Circular No. 13-P -Effective 01 January 2004)
b) Where the change will result to an MSC of lower than Php5,000, or where the change will result to more than two salary brackets higher or lower than the present MSC, a declaration of earnings or ITR for the prior year duly received by BIR, must be submitted to prove their earnings

UPDATES    (Circular    No.    13-P    -Effective 01 January 2004)
c) Where the present MSC is more than Php10,000 and the age of the member is 55 years or older, the allowed increase is only one salary bracket regardless of whether the supporting documents are submitted or not

UPDATES    (Circular    No.    13-P    -Effective 01 January 2004)
Revised Schedule of payment:
a) For employer - on the 10th day following the applicable month
b) For SE/VM/OFW - on the 20th day following the applicable month or quarter, as the case maybe

UPDATES (CIRCULAR 32 P -Effective 15-Nov. 2006)
New Payment Deadline For Contributions
of OFW Members •Contributions for the months of January
to December of a given year maybe paid
within the same year •Contributions for the months of October to December of a given year may also be paid on or before the 31st of January of the succeeding year.

UPDATES    (Circular    No.    13-P    -Effective 01 January 2004)
If the 10th day falls on a Saturday, Sunday or holiday, payment may be made without penalty on the next working day. This rule is applicable to all types of payors (i.e. ER. EE. SE & VM)

Frequently Asked Questions
Q - When may a self-employed or voluntary member change his/her MSC?
A - A self-employed or voluntary member, including OFW, may change his/her MSC monthly

Frequently Asked Questions
Q - When & how should the member start paying contributions?
A - For employee or household helper - monthly, through salary deduction, starting from the first month of employment
For SE/VM/OFW - monthly or quarterly, starting on the date of coverage/approval of membership

Frequently Asked Questions
Q   -   What   form   to   accomplish   in   paying contributions?
A - SS Form R-5 for employer payment SS Form RS-5 for SE/VM/OFW payment

Frequently Asked Questions
Q - Where may payments for contributions be made?
A - Payments may be made to any SSS accredited banks/bayad centers or to SSS selected branches

Frequently Asked Questions
Q    -    May    the    SE/VM/OFW    pay    his/her contributions retroactively?
A - NO (payments made after the prescribed due date will be applied prospectively)

Frequently Asked Questions
Q -   What   happens   to   late   payments   of employers?
A- Late payments of employer wi l incur 3% penalty per month from the date the contribution fa ls due until paid

Frequently Asked Questions
Q - May an employed member, who receives no compensation from his/her employer during the period he/she is on leave, pay contribution for said period?
A- Yes, said employed member is allowed to pay said contributions as separated employee under the same rules & regulations applicable to voluntary members.

Short-term Benefits
Sickness        &    Maternity Benefits




Sickness Benefit
* Daily cash allowance paid to a member for the number of days he/she is unable to work due to sickness or injury


Amount of Benefit
* Daily cash allowance is equivalent to 90% of the average daily salary credit


Qualifying Conditions
^Unable to work due to sickness or injury
& Confined for at least four (4) days
^Paid at least three (3) monthly contributions within the 12-month period immediately preceding the semester of sickness
&He has notified his employer or if unemployed, the SSS
&He has used up all current company sick leave


JANUARY
• FEBRUARY
MARCH
APRIL
MAY
JUNE
JULY
AUGUST
SEPTEMBER
OCTOBER
NOVEMBER
DECEMBER

QUARTER
THREE (3) CONSECUTIVE MONTHS ENDING THE MONTH OF MARCH, JUNE, SEPTEMBER AND DECEMBER

2010

2011

SEMESTER
(Month of contingency)

Rules on Sickness Notification
Employed Member -
EE to ER - w/in 5 calendar days after the start of conft.
ER to SSS - w/in 5 calendar days after receipt of notification from employee
Separated  /  Self-employed/  Voluntary  Members  -within 5 calendar days after the start of confinement
Failure to observe the rule on notification shall be a ground for the reduction or denial of the claim.

Amount of benefits
THE DAILY CASH ALLOWANCE IS EQUIVALENT TO 90% OF THE AVERAGE DAILY SALARY CREDIT.
Maximum period of entitlement
120 DAYS IN ONE CALENDAR YEAR

Manner of payment or Reimbursement
FOR   EMPLOYED MEMBERS
%    THE     EMPLOYER     SHALL ADVANCE     THE
BENEFIT EVERY REGULAR PAYDAY. THE AMOUNT ADVANCED BY THE EMPLOYER WILL BE REIMBURSED 100% BY THE SSS EITHER THRU CHECK OR THRU EMPLOYER’S DEPOSITOR
FOR        SEPARATED    /    VOLUNTARY    /    SELF-EMPLOYED MEMBERS
^ SSS WILL PAY DIRECTLY TO THE MEMBER

Documents Required
FOR  EMPLOYED MEMBERS
^>  APPROVED SICKNESS NOTIFICATION (SS FORM CLD-9N)
^>   DULY     ACCOMPLISHED      SICKNESS      BENEFIT REIMBURSEMENT APPLICATION (SS FORM B-304)
^> PRESENTATION OF SS DIGITIZED ID OF THE MEMBER OR E-6 ACKNOWLEGEMENT STUB W/ TWO VALID IDs [at least one w/ photo].

FOR SEPARATED/SELF-EMPLOYED/VOLUNTARY MEMBERS:
^> SICKNESS BENEFIT APPLICATION FOR
SEPARATED/SELF-EMPLOYED/VOLUNTARY MEMBERS (SSS FORM CLD-9A)
^> MEDICAL CERTIFICATE (SS FORM MMD-102 OR MD-15)
^> PRESENTATION OF SS DIGITIZED ID OF THE MEMBER OR E-6 ACKNOWLEDGEMENT STUB W/ TWO VALID IDs [at least one w/ photo].
ADDITIONAL DOCUMENTS FOR   SEPARATED MEMBERS:
• CERTIFICATION FROM LAST EMPLOYER SHOWING THE EFFECTIVE DATE OF SEPARATION FROM EMPLOYMENT OR NOTICE OF COMPANY’S CLOSURE/STRIKE OR CERTIFICATION FROM DEPARTMENT OF LABOR THAT EE/ER HAS A PENDING LABOR CASE.

Maternity Benefits
< Daily cash allowance granted to a female employee - member for a period of 60 days for normal delivery, abortion, miscarriage & ectopic pregnancy and 78 days for caesarian section

Qualifying Conditions
* Given the required notification to the SSS thru her employer
$Paid at least 3 monthly contributions within the 12-month period before the semester of childbirth, miscarriage or abortion

Limitations
# Payment will be made only for the 1 st four deliveries on and after March 13, 1973
# Abortion and miscarriage included (effective May 24,1997
# Payment of maternity benefit will be a bar to the recovery of sickness benefit for the same period of confinement

Manner of payment or Reimbursement
FOR   EMPLOYED   MEMBERS
^> THE EMPLOYER SHALL ADVANCE THE BENEFIT IN FULL WITHIN 30 DAYS FROM THE FILING OF THE MATERNITY LEAVE APPLICATION. SSS SHALL REIMBURSE THE EMPLOYER 100% OF THE AMOUNT OF BENEFIT ADVANCED TO THE EMPLOYEE.
♦ FOR  SEPARATED/ VOLUNTARY/ SELF-EMPLOYED MEMBERS
^>   SSS WILL PAY DIRECTLY TO THE MEMBERS

Documents Required
FOR    EMPLOYED    /    VOLUNTARY    /    SELF-EMPLOYED / SEPARATED MEMBERS
O     DULY      ACCOMPLISHED      MATERNITY      BENEFIT REIMBURSEMENT APPLN. (SSS FORM MAT-
MATERNITY NOTIFICATION DULY STAMPED RECEIVED BY THE SSS AT LEAST 60 DAYS FROM DATE OF CONCEPTION (SS FORM MAT-1).
©     PRESENTATION    OF    SS    DIGITIZED    ID    OF    THE MEMBER   OR   E-6   ACKNOWLEDGEMENT   W/   TWO
VALID IDs [at least one w/ photo].



OTHER DOCUMENTS:
A NORMAL DELIVERY - DULY REGISTERED BIRTH CERTIFICATE. IN CASE THE CHILD DIES/STILLBIRTH, DULY REGISTERED FETAL DEATH CERTIFICATE.
B CAESARIAN DELIVERY - DULY REGISTERED BIRTH CERTIFICATE AND OPERATING ROOM RECORD.
C MISCARRIAGE - D & C REPORT OR PREGNANCY TEST BEFORE AND AFTER MISCARRIAGE.
FOR SEPARATED MEMBERS -

CERTIFICATION FROM LAST EMPLOYER SHOWING THE EFFECTIVE DATE OF SEPARATION FROM EMPLOYMENT OR NOTICE OF COMPANY’S CLOSURE/STRIKE OR CERTIFICATION FROM DEPARTMENT OF LABOR THAT EMPLOYEE/EMPLOYER HAS A PENDING LABOR CASE.

EC Sickness Benefits
AN INCOME CASH BENEFIT IS EQUIVALENT TO 90% OF THE AVERAGE DAILY SALARY CREDIT BUT NOT TO EXCEED P 200.00 PER DAY.

Qualifying Condition
^    SICKNESS OR INJURY IS WORK-CONNECTED;
^>    EMPLOYEE HAS BEEN DULY REPORTED TO SSS;
^> SSS HAS BEEN NOTIFIED OF SUCH SICKNESS OR INJURY; AND
^> THE EMPLOYEE HAS THE REQUIRED MONTHLY CONTRIBUTIONS PAID FOR HIM BY HIS EMPLOYER.
An employee need not have to exhaust his leave credits before he can avail sickness benefit under ECC.

ACCIDENTS MAY BE CONSIDERED TO HAVE BEEN ARISING OUT OF & IN COURSE OF EMPLOYMENT WHEN IT OCCURRED WHILE THE EMPLOYEE WAS :
PERFORMING HIS OFFICIAL FUNCTION, AT THE PLACE WHERE HIS WORK REQUIRED HIM TO BE, & IF ELSEWHERE, THE EMPLOYEE MUST HAVE BEEN EXECUTING AN ORDER FOR THE EMPLOYER;
PERFORMING AN ACT WITHIN THE TIME & SPACE LIMITS OF HIS EMPLOYMENT TO MINISTER TO PERSONAL COMFORT SUCH AS SATISFACTION OF THIRST, HUNGER OR OTHER PHYSICAL DEMANDS, OR TO PROTECT HIMSELF FROM EXCESSIVE COLD;
ENGAGED IN A COMPANY SPONSORED ACTIVITIES, SUCH AS, FIELD TRIPS, PICNICS, INTRAMURALS, ETC.;
ON BOARD A SHUTTLE BUS OR ANY VEHICLE PROVIDED BY THE COMPANY.
ANY SICKNESS IS COMPENSABLE PROVIDED THAT IT IS LISTED BY THE ECC AS AN OCCUPATIONAL DISEASE. OTHERWISE, PROOF MUST BE SHOWN THAT THE RISK OF CONTRACTING THE DISEASE IS INCREASED BY THE WORKING CONDITION.

Limitations/ Exclusions
^ INTOXICATION / DRUNKENNESS
^> WILLFULL INTENTION TO INJURE  OR KILL HIMSELF OR ANOTHER
^> NOTORIOUS NEGLIGENCE
Maximum Number of Entitlement
240 days in one calendar year

SSS Contribution and Benefits

RMC No. 15-2012 dated April 3, 2012 Additional Guidelines in the Filing of 2011 ITR


RMC No. 15-2012 dated April 3, 2012
Additional Guidelines in the Filing of 2011 ITR_______
►   The duly fiiled-up ITRS and additional sheet/s, if any, shall be submitted as follows:
1.     For Non-eFPS Taxpayers and additional sheet/s, if any, shall be printed in legal size bond paper, landscape orientation/ layout, signed by the taxpayer/ authorized officer/ representatives and filed manually with the duly designated Authorized Agent Bank (AAB)/ Revenue District Office (RDO)/ Revenue Collection Officers (RCO), as the case may be.
2.     For eFPS Taxpayers, the duly accomplished ITRs shall be filed using the following:
a.  If with payment, use eFPS facility following the procedures in Annex A
b.  If without payment, use the BIR email facility following the procedures in
Annex B.

RMC No. 57-2011 dated November 25, 2011 Amends RMC NO. 40-2011


RMC No. 57-2011 dated November 25, 2011
Amends RMC NO. 40-2011                                             
►   This Circular was issued to amend BIR Forms No. 1700, 1701 and 1702 The amendment consists 
1       Making the disclosure of Supplemental Information under BIR Form Nos. 1700 and 1701 optional on the part of the taxpayer for income tax filing covering and starting with calendar year 2011; and
2.      Renaming BIR Form No. 1702 as the November 2011 version.
Individual income tax filers using Form Nos. 1700 and 1701 are advised that, starting calendar year 2012, the disclosures required under the Supplemental Information portion of the forms  Thus, taxpayers are advised to demand from their payors, and properly document their BIR Form No. 2307 and other pieces of evidence for final taxes withheld. Additionally, said taxpayers should properly receipt and book their tax-exempt income.

RMC. No. 40-2011 dated September 55 2011 Revised income Tax Forms


RMC. No. 40-2011 dated September 5, 2011 Revised income Tax Forms
►  The following revised income tax forms shall be used covering and starting
with calendar year 2011, which are due for filing on or before April 15, 2012:
1    BIR Form 1700 version June 2011 (Annual Income Tax Return for Individuals Earning Purely Compensation Income);
2    BIR Form 1701 version June 2011 (Annual Income Tax Return for Self-Empioyed Individuals, Estates and Trusts);
3    BIR Form 1702 version June 2011 (Annual Income Tax Return for Corporation, Partnership and Other Non-Individual Taxpayer).
►  All juridical entities following the fiscal year for reporting are also required to
use their new BIR Form 1702 starting with those covered by fiscal year
ending January 31, 2012
.

RMC No. 21-2012 dated May 3, 2012 Monetization Program of Outstanding VAT TCC


RMC No. 21-2012 dated May 3, 2012 Monetization Program of Outstanding VAT TCC
►  VAT TCC Monetization Program is adopted in order to give qualified VAT-
registered taxpayers the cash equivalent of their outstanding TCCs under the
following options:
a.   Collect in advance from a trustee bank a discounted cash value of their
TCCs; or b   Collect the full cash value of the TCCs upon a certain maturity date, to be determined by the Bureau of Internal Revenue (BIR) or the Bureau of Customs (BOC), as the case may be, pursuant to the implementing rules and regulations that will be issued to implement Executive Order No. 68.
►  The VAT TCC monetization program will be spread over a five-year period
from 2012-2016.
  The DBM, DOF, BIR and BOC shall jointly issue the IRRs on the VAT TCC monetization program.
  Beginning 2012, BIR and BOC shall no longer issue TCCs for VAT refund, unless applied for by the VAT taxpayer

RR No. 4-2007 Change or Cessation of Status as VAT-registered Person


o   Sec. 4.106-8 of RR No. 16-2005, as amended by RR No. 4-2007, is amended to read as follows:
"Sec. 4.106-8. Change or Cessation of Status as VAT-registered Person, -
xxx
(b) Not subject to output tax


The VAT shall not apply to goods or properties which are originally intended for sale or for use in the course of business existing as of the occurrence of the following:
(1) Change of control of a corporation by acquisition of the controlling interest of such corporation by another stockholder (individual or corporate) or group of stockholders. The goods or properties used in business (including those held for lease) or those comprising the stock in trade of the corporation having a change in corporate control will not be considered sold, bartered, or exchanged despite the change in the ownership interest in the said corporation.



RR No. 19-2011 dated December 9, 2011 New Income Tax Forms


RR No. 19-2011 dated December 9, 2011
New Income Tax Forms
>■ Account Information Form (AIF) and/or Financial Statements (FS), including the following schedules prescribed under existing revenue issuances which must form part of the Notes to the audited FS:
Sales/Receipt/Fees
Cost of Sales/Services
Non-Operating and Taxable Other Income
Itemized Deductions (if taxpayer did not avail of OSD)
Taxes and Licenses
Other information prescribed to be disclosed in the notes to FS

RMC No. 53-2011 dated November 4, 2011 Excess contributions



Excess contributions___________________________
   This Circular is issued to set the effectivity and the application of the revocation of BIR Ruling Nos. 002-99, DA-184-04, DA-569-04 and DA-087-06 in relation to the issuance of RMC No. 27-2011.
►   Amends the fourth paragraph of RMC No. 27-11 to read as follows:
"Therefore, contributions referred to in Section 32(B)(7)(f) of the NIRC of 1997 cover only the mandatory/compulsory contributions of the concerned employees to SSS, GSIS, PHIC and HDMF. Thus, this Office holds that voluntary contributions to these institutions in excess of the amount considered compulsory are not excludible from the gross income of the taxpayer and hence, not exempt from Income Tax and Withholding Tax. Consequently, the exemption from withholding tax on compensation referred to in Section 2.78,1 (B)(12) of Revenue Regulations (RR) No. 2-98 shall apply only to mandatory/compulsory SSS, GSIS, Medicare and Pag-ibig contributions".

RMC No. 53-2011 dated November 4, 2011

RR No. 16-2011 dated October 27, 2011



increase in Threshold Amounts for Sale or Lease of Properties
►  Amends certain provisions of RR No. 16 -2005, increasing the threshold amounts for sale of residential lot, sale of house and lot, lease of residential unit and sale or lease of goods or properties or performance of services covered by Section 109 (P.), (Q) and (V) of the Tax Code.
The adjusted threshold amounts are as follows:

Section
Amount in Pesos (2005)      Adjusted threshold amounts
Section 109 (P)
1,500,000
1,919,500
Section 109 (P)
2,500,000
3,199,200
Section 109 (Q)
10,000
12,800
Section 109 (V)
1,500,000
1,919,500



FREQUENTLY ASKED QUESTIONS Computerized Accounting System bir CAS




34) Is modification of header of receipt allowed? Is modification of the header of accounting reports allowed?


Modification of header of receipt shall be allowed provided that the taxpayer shall follow the provisions of Sections 237 and 238 of the NIRC of 1997.


Modification of report header is allowed which shall depend on the taxpayer’s nature of business. Provided however, that it should comply with Sec 232 of the NIRC and its implementing Bookkeeping Regulations and other related issuances.


35) In cases of taxpayers adopting an Off The Shelf COMPUTERIZED ACCOUNTING SYSTEM BIR (CAS), would there be a need to evaluate and conduct Demonstration of the system?


In case there is prior evaluation and approval of an Off The Shelf COMPUTERIZED ACCOUNTING SYSTEM BIR (CAS), hence a precedent application, the system shall not undergo systems demonstration in its evaluation. Provided that the Off the Shelf COMPUTERIZED ACCOUNTING SYSTEM BIR (CAS) has not been customized in any manner.


In this regard, a list of approved off-the-shelf COMPUTERIZED ACCOUNTING SYSTEM BIR (CAS) shall be monitored and provided by Information System Group (ISG) to all the CSET members through a technical bulletin for proper reference.


36) What is the jurisdictional limitation of the divisions under Large Taxpayer Service in the issuance of permit to use COMPUTERIZED ACCOUNTING SYSTEM BIR (CAS) or components thereof?


LTAD I or II and LTDOs, are authorized to issue permit to use COMPUTERIZED ACCOUNTING SYSTEM BIR (CAS) or components thereof of branches of identified taxpayers of LTAD I or II and LTDOs nation-wide. Provided however, that the concerned RDO where the branch(es) is(are) located shall be properly notified and necessary coordination shall be made.



FREQUENTLY ASKED QUESTIONS Computerized Accounting System bir CAS
source:  http://www.bir.gov.ph

FREQUENTLY ASKED QUESTIONS Computerized Accounting System bir CAS



31) What are the responsibilities of TSS in receiving the CD?


The TSS shall be responsible in the following:

a) Ensure that they have the latest version of the virus signature;

b) Raise all technical issues relative to the submission of the CD which should be forwarded to RDC – Helpdesk;

c) Monitoring the issues raised;

d) Keep the CD checklist for future use.


32) What is the difference between cash receipts and invoices under COMPUTERIZED ACCOUNTING SYSTEM BIR (CAS) and loose-leaf receipts/invoices under the manual system?


As long as the contents of the receipts/invoices, in accordance with Sections 237, 238 and 113 of the Tax Reform Act of 1997, are generated by the system, taxpayer’s receipts/invoices shall be considered under COMPUTERIZED ACCOUNTING SYSTEM BIR (CAS).


Loose-leaf receipts/invoices under the manual system shall refer to invoices/receipts that are not generated by COMPUTERIZED ACCOUNTING SYSTEM BIR (CAS) or components thereof. Hence, the CRM/POS machines not linked to COMPUTERIZED ACCOUNTING SYSTEM BIR (CAS) used to generate receipts/invoices shall adhere to the provisions of Revenue Regulations No. 10-99.


33) Is it necessary for the RDO having jurisdiction over the branch that adopts a COMPUTERIZED ACCOUNTING SYSTEM BIR (CAS) to issue a certification of the last serial number of Sales Invoice/Receipt consumed/cancelled?


The RDO having jurisdiction over the branch is not required to issue a certification of the last serial number of Sales Invoice/Receipt consumed /cancelled. Instead, the Taxpayer shall inform the BIR Office having jurisdiction over the branch by accomplishing Annex “M” of RMO No. 29-2002 (Report of the Range of Serial Numbers of Receipts and Invoices Consumed/Cancelled). (RMO 29-2002)


FREQUENTLY ASKED QUESTIONS Computerized Accounting System bir CAS
source:  http://www.bir.gov.ph

FREQUENTLY ASKED QUESTIONS Computerized Accounting System bir CAS



31) What are the responsibilities of TSS in receiving the CD?


The TSS shall be responsible in the following:

a) Ensure that they have the latest version of the virus signature;

b) Raise all technical issues relative to the submission of the CD which should be forwarded to RDC – Helpdesk;

c) Monitoring the issues raised;

d) Keep the CD checklist for future use.


32) What is the difference between cash receipts and invoices under COMPUTERIZED ACCOUNTING SYSTEM BIR (CAS) and loose-leaf receipts/invoices under the manual system?


As long as the contents of the receipts/invoices, in accordance with Sections 237, 238 and 113 of the Tax Reform Act of 1997, are generated by the system, taxpayer’s receipts/invoices shall be considered under COMPUTERIZED ACCOUNTING SYSTEM BIR (CAS).


Loose-leaf receipts/invoices under the manual system shall refer to invoices/receipts that are not generated by COMPUTERIZED ACCOUNTING SYSTEM BIR (CAS) or components thereof. Hence, the CRM/POS machines not linked to COMPUTERIZED ACCOUNTING SYSTEM BIR (CAS) used to generate receipts/invoices shall adhere to the provisions of Revenue Regulations No. 10-99.


33) Is it necessary for the RDO having jurisdiction over the branch that adopts a COMPUTERIZED ACCOUNTING SYSTEM BIR (CAS) to issue a certification of the last serial number of Sales Invoice/Receipt consumed/cancelled?


The RDO having jurisdiction over the branch is not required to issue a certification of the last serial number of Sales Invoice/Receipt consumed /cancelled. Instead, the Taxpayer shall inform the BIR Office having jurisdiction over the branch by accomplishing Annex “M” of RMO No. 29-2002 (Report of the Range of Serial Numbers of Receipts and Invoices Consumed/Cancelled). (RMO 29-2002)


FREQUENTLY ASKED QUESTIONS Computerized Accounting System bir CAS
source:  http://www.bir.gov.ph
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