THE DEPARTMENT of Finance (DoF) said it will push for a new measure
that will provide a general tax amnesty, after such a provision was
vetoed by President Rodrigo R. Duterte when he signed into law last
Friday the reprieve for estate tax liabilities and national tax
delinquencies in specific circumstances.
The tax amnesty program imposes an amnesty charge equivalent to a
portion of the taxpayers’ outstanding unpaid taxes in exchange for
immunity from civil, criminal and administrative penalties.
“The President was constrained to veto the portion of the law
covering the general amnesty because of the lack of provisions breaking
the walls of bank secrecy, setting the framework for complying with
international standards on exchange of information, and other safeguards
against those who abuse by declaring untruthful assets or net worth,”
Finance Secretary Carlos G. Dominguez III told reporters via Viber
message.
“However, the estate tax amnesty and the amnesty on delinquency taxes remain.”
The DoF expected its original tax amnesty proposal to raise P41
billion in additional revenue, but latest estimates show that expected
revenues will just be at P6.8 billion after the veto — barely a fifth of
program.
“We will work with Congress to pass a general tax amnesty with the
proper safeguards, such a lifting of bank secrecy provisions and the
AEoI (automatic exchange of information with foreign tax authorities),
if not in this Congress, then in the next,” Mr. Dominguez said. “Implementation may still be within the year so revenues will come in.”
He stressed that the state can actually rake in as much as P76.6
billion over the next five years if authorities were authorized to
obtain more data from taxpayers.
On the other hand, Mr. Dominguez said the department estimated
foregone revenues of about P53 billion “if the general tax amnesty was
not vetoed.”
Congress is on a Feb. 9-May 19 break for the May 13 mid-term
elections that will see half of Senate seats and the entire House of
Representatives up for grabs.
Lawmakers work again on May 20-June 7, which is the last window for legislation before the 17th Congress ends.
Nueva Ecija Rep. Estrellita B. Suansing (1st district),
chairperson of the House of Representatives Committee on Ways and Means,
said it can finish work on that measure within that time. “Three weeks
to go before end of 17th Congress — kaya namin up to
third reading (We can approve it on third reading within that time),”
Ms. Suansing said in a mobile phone message when sought for comment.
Her Senate counterpart, however, wasn’t as optimistic. “I doubt there is enough time this Congress. Maybe in the 18th Congress,” committee chair Senator Juan Edgardo M. Angara said separately.
Another provision removed from the final version of the law was the
one-time settlement of several estates, with MalacaƱang saying the flat
six percent rate based on estate value at the time of the owner’s death
“is… quite generous.”
Also vetoed was a provision that presumes correctness of declarations on estate tax amnesty returns.
“When one avails of the amnesty, the government should be able to verify his declarations,” Mr. Dominguez explained. — with Charmaine A. Tadalan and Camille A. Aguinaldo
MANILA, Philippines – President Rodrigo Duterte has issued a partial
veto on the Tax Amnesty Act, a measure which seeks to provide amnesty
for delinquent taxpayers.
Executive Secretary Salvador Medialdea confirmed the development on Friday.
MalacaƱang, however, is yet to explain which provisions of the bill were vetoed by Duterte.
The President has a line-item veto power for any budget, tax and tariff bill passed by Congress.
The tax amnesty bill would provide for a one-time opportunity to
settle tax obligations, including estate taxes, general taxes and
delinquent accounts, for those who failed to pay these for the year 2017
and earlier.
Those who avail themselves of the amnesty program would be immune
from the payment of all taxes and the filing of civil, criminal and
administrative cases and penalties.
Sen. Sonny Angara, the measure’s main sponsor in the Senate,
described it as a “win-win” for both the taxpayers and the
administration.
The government is expected to generate some P41 billion from
the program, with the amount going to infrastructure projects and to
the augmentation of appropriations to help those affected by the Tax
Reform for Acceleration and Inclusion (Train) law, said Angara. / gsg
Prescribes the new BIR
Form No. 1701A - Annual Income Tax Return for Individuals Earning Purely
from Business/Profession (those under the graduated Income Tax rates
with Optional Standard Deduction as mode of deduction or those who opted
to avail of the 8% flat Income Tax rate) January 2018 version Digest | Full Text | BIR Form 1701A