Member Article

SyCipLaw's Tax Department has prepared Tax Issues and Practical Solutions (T.I.P.S.) for April.

The April 2024 issue covers the following tax issues:

1. In assessing deficiency withholding tax on compensation of employees who were not individually identified, is it proper for the Commissioner of Internal Revenue ("CIR") to use the top withholding tax rate of 32%?

2. Which court has exclusive and original jurisdiction over criminal offenses involving tax claims amounting to PhP 1,000,000.00 and above and purely tax collection cases where the principal amount of claim is also PhP 1,000,000.00 and above? Is it the CTA or the regular courts?

3. Is the CIR's final decision on a disputed assessment a condition precedent to the imposition of civil liability for taxes in the criminal action for violation of the tax laws?

4. May local government units assess a government instrumentality for the payment of real property tax?

5. May the Bureau of Internal Revenue ("BIR") issue a preliminary collection letter despite the pendency of a motion for reconsideration on a final decision on a disputed assessment?

6. What is the current selling price threshold on the sale of residential properties for VAT exemption purposes?

7. May the BIR publish its issuances through electronic means?

8. Which agency is responsible for approving tax incentives applied for by Registered Business Enterprises ("RBEs") with investment capital of PhP 15 billion and below?

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