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Tax laws enforcement vs delinquents to continue — Henares


Written by  Ed Velasco
Monday, 30 July 2012 00:00 [ tribune.net.ph ]

Bureau of Internal Revenue (BIR) Commissioner Kim Jacinto-Henares warned all tax delinquents the claws of the law will not stop until everybody pays the right taxes due to government.

Henares was reacting to news reports the BIR under her helm has become too harsh as almost all sectors of the society are now taxed.

A sector that recently started paying a combined seven percent is that of small mining, particularly gold mining,  composed of 400,000 individuals.

The collection of two percent excise tax and five percent withholding tax against gold sellers caused the Bangko Sentral ng Pilipinas’ gold purchase to drop dramatically.

The tax also caused the sellers to sell their gold haul to black market where  the precious mineral is shipped out of the country.

“The policy is for the BIR to be an enforcement agency and not a customer service agency and make full use of the remedies allowed under the National Internal Revenue Code to enforce our tax laws and collect the taxes due the government in a timely manner,” Henares told The Daily Tribune.

She said law-abiding people need not to worry that BIR is becoming too harsh as the strict policy is only against those who don’t pay right taxes.

“If people are following the law and paying their taxes properly, they have nothing to worry. Only people who do not pay their taxes have to worry. It will be a gross injustice to those people who pay their taxes properly, especially the wage earners, if we do not do our job and make sure others do their legal obligation. I am only doing my job — which is to collect the right taxes,” Henares said.

Last year, Henares was also at the center of controversy when the Supreme Court (SC) ruled that the expanded value added tax (evat) on tolls was constitutional.

The SC ruling caused furor from millions of travelers using the six expressways in the country as it increased tolls by 12 percent.

The decision forced many motorists to pass by provincial roads to avoid paying exorbitant fees at toll roads.

Under Henares, the BIR filed a record number of criminal suits against alleged tax evaders that include celebrities, singers, doctors and even a pawnshop owner.

However, none among those charged for tax delinquency was sent to jail.
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KNOWING YOUR BIR REGULATIONS AND ISSUANCES

Revenue Regulations (RRs) are issuances signed by the Secretary of Finance, upon recommendation of the Commissioner of Internal Revenue, that specify, prescribe or define rules and regulations for the effective enforcement of the provisions of the National Internal Revenue Code (NIRC) and related statutes

Revenue Memorandum Orders (RMOs) are issuances that provide directives or instructions; prescribe guidelines; and outline processes, operations, activities, workflows, methods and procedures necessary in the implementation of stated policies, goals, objectives, plans and programs of the Bureau in all areas of operations, except auditing.

Revenue Memorandum Rulings (RMRs) are rulings, opinions and interpretations of the Commissioner of Internal Revenue with respect to the provisions of the Tax Code and other tax laws, as applied to a specific set of facts, with or without established precedents, and which the Commissioner may issue from time to time for the purpose of providing taxpayers guidance on the tax consequences in specific situations. BIR Rulings, therefore, cannot contravene duly issued RMRs; otherwise, the Rulings are null and void ab initio

Revenue Memorandum Circular (RMCs) are issuances that publish pertinent and applicable portions, as well as amplifications, of laws, rules, regulations and precedents issued by the BIR and other agencies/offices.

Revenue Bulletins (RB) refer to periodic issuances, notices and official announcements of the Commissioner of Internal Revenue that consolidate the Bureau of Internal Revenue's position on certain specific issues of law or administration in relation to the provisions of the Tax Code, relevant tax laws and other issuances for the guidance of the public.

BIR Rulings are official position of the Bureau to queries raised by taxpayers and other stakeholders relative to clarification and interpretation of tax laws.
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