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Tuesday, December 7, 2010

Amazing Video on How to Cancel your 2009 BIR Letter of Authority (LOA)

2010 is a highly phenomenal year for taxpayers under audit because only in this decade that the selection criteria which is RMO 80-2010; to be strictly used by the RDO in selecting an audit for taxable year 2009 and the authority to investigate were only approved and make public on November 2, 2010 while almost 45,000 Letters of Authority were already issued as early as May, 2010.

Publishing here is the RMO 80-2010 audit criteria in case this document is unavailable in the BIR web. This limits and clips the power and authority of the Revenue Officers and Employees as to whom the LOA shall be issued. Analyze within yourself if the Letter of Authority issued to you for taxable year 2009 matches the applicable criteria. If not, the LOA was illegally issued.

Invoke this substantive law, viz;

"Non-Retroactivity of Rulings - Any revocation, modification or reversal of any of the rules and regulations promulgated in accordance with the preceding Sections or any of the rulings or circulars promulgated by the Commissioner shall not be given retroactive application if the revocation, modification or reversal will be prejudicial to the taxpayers."

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Saturday, October 9, 2010

Inspiring Encounter with ETM

Archangel Michael overcoming Lucifer

One dinner discussions with EMELINO T. MAESTRO (ETM):

Mentee: Why don't we post the DOJ dismissed resolution to a forgery lawsuit filed against you by a BIR official (itago natin s'ya sa pangalang Roda Kabute). Just to show others who don't personally know ETM that he has been experiencing repeated attacks eversince; in line with his passion of helping educate taxpayers.

ETM: Forget about Roda Kabute, just focus ourselves on reaching more taxpayers to help. I am still giving him the respect to preserve his name to the public. Let's just keep our playing field clean.

This is another encounter with my mentor substantiating his moral dignity. He will not engage himself on underhand way just to get even on people who personally wronged him. During seminars, I often hear him encourage taxpayers to pay taxes rightfully due to the government. So, I really wonder why there are some tax authorities threatened by ETM's way. Wherein ETM's objective is to teach taxpayers so they could lawfully comply with their tax obligations. 

Do you have personal encounters with ETM? Feel free to post on tax thoughts below, or share this post to friends 

 "Good must co-exist with evil to have meaning, just as light needs darkness to be seen."

Wednesday, October 6, 2010

Secrets on BIR Abatement Program Exposed

Avail the Bureau of Internal Revenue's Abatement Program pursuant to Revenue Regulations (RR) No. 9-2010 ONLY AFTER THOROUGHLY READING AND UNDERSTANDING THESE:

1. Since RR 9-2010 is in line with the Run After Tax Evaders (RATE) Program, then the BIR Abatement Program is applicable to ... 

RR 9-2010; Section 1. Background. - The Run After Tax Evaders (RATE) Program is being implemented by the Department of Finance (DOF) and Bureau of Internal Revenue (BIR) to investigate and prosecute individuals and/or entities engaged in tax evasion and other criminal violations of the National Internal Revenue Code of 1997 (Code), as amended. IN LINE WITH THIS PROGRAM, the BIR has adopted the policy to deter, to the greatest possible degree, TAX EVASION PRACTICES and to encourage voluntary compliance with the internal revenue tax laws.

2. What are the guarantees of availing this program aside from the abatement of corresponding surcharges and/or compromise penalties? Look for the answers here:

RR 9-2010; Sec. 3 Limitations. - The filing of original returns/amended returns and payment of deficiency taxes made pursuant to these Regulations presupposes full and accurate disclosure by the taxpayer, and SHALL NOT PRECLUDE THE BIR FROM INVESTIGATING THE CORRECTNESS OF SUCH RETURNS OR SUFFICIENCY OF THE ATTACHMENTS, AND/OR PROSECUTING CRIMINAL VIOLATIONS IN APPROPRIATE CASES UNDER THE CODE, as amended.

How about receiving below form, when the BIR exercise their discretionary power?

3. Most importantly, is this allowed by the law? Republic Act No. 9480 states that:

R.A. No. 9480; Sec. 11. Moratorium on the Grant of Tax Amnesty. - In order to encourage and improve tax compliance by taxpayers, it is hereby declared the policy of this Congress that the grant of tax amnesty, in whatever manner and form, shall not henceforth be allowed: Provided, that THIS MORATORIUM SHALL LIKEWISE APPLY TO ANY ADMINISTRATIVE TAX AMNESTY BY THE BIR.

The confirmation of its legality can be answerable by this, is the BIR Abatement Program pursuant to RR No. 9-2010 approved by the Congress of the Philippines?

The above secrets were thoroughly discussed by veteran tax consultant Mr. Emelino T. Maestro (ETM) last October 5, 2010 at Makati Shangri-la. Paranaque Room A and B were filled by participants composed of business owners, company officers, lawyers, accountants, bookkeepers and other taxpayers practicing the art of self-education.

"We learn more by looking for the answer to a question and not finding it than we do from learning the answer itself."  ~ Lloyd Alexander

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Please share this to others especially whom you know thinking of availing the BIR Abatement Program; so they could exercise informed judgement. To receive latest tax updates and tips enter your email and subscribe below, or simply share your comments.

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Monday, October 4, 2010

The ETM Story

the ETM story
Afar from the media release of the Bureau of Internal Revenue (BIR) says, Mr. Emelino T. Maestro was not giving a lecture on "How to file a complaint against erring BIR Officials before the Office of the Ombudsman" when he was arrested. He was simply the moderator of the said seminar and the keynote speaker was Atty. Jun Alarcon from the Office of the Resident Ombudsman.

ETM, as well as a number of learned taxpayers have been exposed to incidents like this too long that such perjury complaint and subsequent arrest can be easily recognized as no more than mere harassment. If you will notice in several BIR offices today, there is a posting that says:

Attached with it is a clipping of the Philippine Daily Inquirer article based on the sensationalized BIR media release about ETM's arrest.

We believe that this is a direct threat to any taxpayer thinking of invoking their right to complain against government officials. This will not stand according to the Supreme Court that states:

" the strength of democracy lies not in the rights it guarantees but in the courage of the people to invoke them whenever they are ignored or violated. Rights are but weapons on the wall if, like expensive tapestry, all they do is embellish and impress. Rights as weapons must be a promise of protection. They become truly meaningful, and fulfill the role assigned to them in the free society, if they are kept bright and sharp with use by the those who are not afraid to assert them." (Ynot vs.  IAC, 148 SCRA 659)

ETM serves as the voice of all Filipino taxpayers. His success on speaking the truth, no matter how difficult it is; is the success of all taxpayers. Be an avant-garde of truth with Philippine taxation by liking us on Facebook and sharing your thoughts, or you could follow us here and share your experiences and comments below.

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Thursday, September 9, 2010

A Taxpayer's Courage

We may get a lot of definition from the word courage. To me, courage is the power to stand up against all odds when you know you have to do it. One thing remains the same: it is inside all of us.

This taxpayer's level of courage, Mr. Adolf Sheerer is higher than the courage of others who keep silent on themselves witnessing graft and corruption. He did his action not for himself alone as well as for other taxpayers to avoid having the same experience in transacting with an institution in which his public trust has eroded.

This is being published to recognize a taxpayer who stood up with his moral courage and not to demerit or denounce any people, office or institution. No exemplary act should pass without being acknowledged and appreciated. And we applause Mr. Sheerer, may he be an example to everyone doing what is right and appropriate as a Filipino.

Video courtesy of:
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Monday, September 6, 2010

Ombudsman @ Sofitel

see more picures here:
With an experience of filing two complaints and attending one mediation, I decided to attend the Taxpayers' First Seminar organized by ETM-Tax Agent Office, Inc. last September 2, 2010 at the Sofitel Hotel in Manila for my steadfast belief for that much awaited change in our bureaucracy. Atty. Paterno Alarcon, BIR's resident Ombudsman and Mr. Emelino T. Maestro founder of Auditor ng Bayan served as the speakers for this purpose.

The Office of the Ombudsman of the Philippines is empowered by the 1987 Saligang Batas ng Pilipinas to safeguard the government and government-related institutions and corporations from corruption and dispense justice in the case of such offenses. This supreme law gave the said office a monopoly in the filing of criminal information against government officials with a salary rank of Grade 27 and up. It is also a law that gave the Ombudsman the power to hear and decide administrative charges against all government employees. 

It is trivial to know that this office will accept all complains in any form, and any manner to probe on reported erring government employee contrary to my belief before that complains must be in formal written form.  

Below is Ombudsman's Hotline for easy reference.
OMB Hotline:     9262-OMB (9262-662)

It is true that real change won’t happen overnight, we need more patience and more vigilance. Deep within me, this simple act of educating myself to gain more knowledge on how I could involve myself on transforming our already decaying system will add spark to the light of patriotism and nationalism of other Filipinos. Amidst in wishful thinking that soon, more Filipinos will open up their eyes and take charge to stand up and fight for the truth, righteousness and morality to reign in this country. Please do this not for ourselves but for our children's children. 

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