Sie sind auf Seite 1von 110

COOPERATIVES:

Tax Compliance & Exemptions


CACODEC
Trece Martires
November 28, 2007

AIT Learning through Quality Training


Why are Coops special?

Coops are special because


government wants to foster them as
practical vehicles in promoting self-
reliance and harnessing people
towards attainment of economic
development and justice.

AIT Learning through Quality Training


Obstacles along the way
Ambiguous provisions of Revenue issuances
affecting Coops;
Varying interpretations of COOP Code
provisions vis--vis the Tax Code;

Deficiency Tax Assessments issued by


BIR against Coops;
Lack of a unified stand among Coops on
how certain contentious issues.
AIT Learning through Quality Training
Objectives of seminar
To review the tax exemption provisions of
the Cooperative Code vis--vis the Tax
Code and other BIR issuances;

To clarify Coop problem areas and issues; and

To review Coop compliance requirements.

AIT Learning through Quality Training


Income Taxpayers Classification -
COOPs classified as:

1. Individuals receiving compensation income;


2. Business and professional income earners
2.1 individuals
2.2 corporations/associations
3. Passive Income Earners COOPs
4. Exempt Income Earners COOPs

Note: COOPs with taxable income are also


classified under No. 2.
AIT Learning through Quality Training
Business Taxpayers Classification -
COOPs classified as
Major groupings:
1. VAT TAXPAYERS
1.1 12% VAT taxpayers Electric COOPs
1.2 0% VAT taxpayers
2. NON-VAT TAXPAYERS Other COOPs
2.2 Percentage taxpayers
2.3 Exempt taxpayers (from VAT/%Tax)

AIT Learning through Quality Training


Presentation Outline
1) Exemptions of Coops
2) Taxes due from Coops
3) Taxability of Members, Employees,
and Directors of Coops
4) Tax Compliance of Coops

AIT Learning through Quality Training


LEGAL BASES OF EXEMPTIONS

1. Articles 61 and 62 of the Cooperative Code


of the Philippines (RA 6938)
2. Section 109 (L), (M),(N) of the National
Internal Revenue Code (amended by RA 9337)
3. Sections 133 and 234 of the Local Government
Code of 1991

AIT Learning through Quality Training


INTRODUCTION
TO
TAXATION

AIT Learning through Quality Training


TAXING TO THE MAX?

WHY?

IS IT A MATTER OF NATIONAL
SURVIVAL?

AIT Learning through Quality Training


Taxes
Income of GOCCS Borrowings

Revenues

Social services
Debt Servicing
Administration
INFRA Services Services

AIT Learning through Quality Training


EXISTING TAXES
NATIONAL
Income tax

Estate tax

Donors tax

VAT

Other percentage tax

Excise tax

Documentary stamp tax

AIT Learning through Quality Training


LOCAL

Business tax is a tax on trade or


commercial activity regularly engaged in as
a means of livelihood or with a view to profit

Fee is a charge fixed by law or ordinance


for the regulation or inspection of a
business.

AIT Learning through Quality Training


Charges refer to pecuniary liability, rent or
fees against persons or property.

Realty tax is a direct tax on the ownership of


lands and buildings and other improvements
thereon not specifically exempted and is
payable regardless of whether the property is
used or not.

AIT Learning through Quality Training


WHO IMPOSES WHAT TAXES?
Provincial Government
Transfer tax

Printing and publication

Sand, gravel and other quarry

Professional tax

Franchise fee

Amusement tax

Real property tax

Delivery truck tax


AIT Learning through Quality Training
Municipal
Fees

Community tax

Business tax

Charges

AIT Learning through Quality Training


Barangay
Barangay clearance fee

Billboards, signboard, non signs and outdoor


advertisement fee
charges

AIT Learning through Quality Training


EXEMPTIONS

OF

COOPERATIVES

AIT Learning through Quality Training


TAX EXEMPTIONS OF COOPs

Category: Transacting with Members only

Exemption: seven (7) kinds of Internal


Revenue Taxes

Period of Exemption: Continuing


(no 10-year limit)

(RR 20-001 amending RMC 48-91)


AIT Learning through Quality Training
TAX EXEMPTIONS OF Coops

Category: Transacting w/ members &


non-members w/ P10M Reserves & <
Exemptions: same as Coops dealing w/
members only
Period of Exemption: same as Coops dealing
members only
(BIR Ruling ECCP-003-2006 dated March 30, 2006)
(RR 20-001 amending RMC 48-91)

AIT Learning through Quality Training


TAX EXEMPTIONS of COOPs

Category: Transacting w/ Members and non-


members w/ over P10M Reserves
Internal Revenue Taxes: Exempt on transactions
with members and non-members within
ten years, provided that at least 25% of the
net income of the Coop is returned to the
members.
Period of Tax Exemption: After 10 years,
to be taxed on business with nonmembers

(BIR Ruling ECCP 003-2006 dated March 30, 2006)


AIT Learning through Quality Training
Exemptions of COOPs (NIRC)

Internal Revenue Taxes


1. Income tax on income from operations;
2. VAT under Sec 109, NIRC except Electric Coops ;
3. 3% percentage tax under Sec 116 of NIRC;
4. Donors tax to duly accredited charitable/
research/educational inst &reinvestment
to socio-eco projects w/in the area of COOPs;
5. Excise tax under Title VI of the NIRC;
6. DST (the party who is not exempt pays);
7. Registration fee of P500.00

AIT Learning through Quality Training


Exemptions of COOPs (LGC of 1991)
1. Taxes, fees on Coops registered
under Republic Act No. 6938. (Sec 133)

2. Real Property Tax on all real properties


owned by duly registered cooperatives
under RA 6938. (Sec 234)

CDA Memo Circular 93-005


BLGF Memo Circular 02-97
AIT Learning through Quality Training
Sales by Agricultural Coops

Exempt from VAT under Section 109 (L)

Conditions: 1. duly registered with CDA


2. in good standing with CDA

Noted: Agri-food products exempt from VAT


but agri nonfood is now vatable. Section 109 (L)
does not make any distinction between the two

AIT Learning through Quality Training


Importation of Agri Coops

Exempted from VAT:

importation of direct inputs


importation of machineries and
equipment, including spare parts
to be used directly and exclusively
in the production and/or processing
of their produce
(Section 109L of the NIRC)

AIT Learning through Quality Training


Gross Receipts of Credit/Multi-Purpose
Coops

Exempt from VAT under Section 109 (M)

Conditions: 1. duly registered with CDA


2. in good standing with CDA

Note: RA 9337 deleted the phrase whose lending


operation is limited to members. Impact: Coops
exempt on transactions even for non-members.

AIT Learning through Quality Training


Sales by non-elec, non-agri, non-credit
Coops

Exempt from VAT under Section 109 (n)

Conditions: 1. duly registered with CDA


2. in good standing with CDA
3. share capital contribution
of each member does not
exceed P15,000.

(BIR Ruling DA-029-06 dated February 2, 2006)

AIT Learning through Quality Training


Exemption from EWT

Coops that are exempt from income tax


are consequently exempt from Expanded
Withholding Tax.

As Withholding Tax Agent however, they are not


exempt from withholding and remitting the tax on
their payment for goods and services that are subject
to Expanded Withholding Tax.

(BIR Ruling DA-029-06 dated February 2, 2006

AIT Learning through Quality Training


Exemption from VAT on Importation
of machinery and Equipment

Conditions for exemption


directly needed in operation of
Coops primary purpose
complies with the requirements
of DOF-CDA Circular 1-90

(BIR Ruling DA-029-06 dated Feb 2, 2006 )

AIT Learning through Quality Training


Exemption from DST on Members
share certificate

Coop members contribution, being


entirely different in nature and in
substance from corporate shares of stocks,
is not subject to DST imposed under
Section 174 of the NIRC.

(BIR Ruling DA-591-2006 dated October 5, 2006)

AIT Learning through Quality Training


Gross Receipt of Electric Coops
Income Tax :
NEA-registered - Exempt w/in 30 years
CDA-registered -
dealing w/ members Exempt
dealing w/ non-members Exempt w/in
10 years on business with non-members

Value-Added Tax :
NEA and CDA registered - Subject to 12 %

(BIR Ruling DA-384-2005 dated September 7, 2005)


(BIR Ruling DA-108-2006 dated March 14, 2006
AIT Learning through Quality Training
TAXES DUE

FROM

COOPERATIVES

AIT Learning through Quality Training


COOPs regardless of classification shall be
subject to:

1. 20% FT on interest income on Peso deposits


2. 7.5% FT on interest income on $ deposits
3. CGT on real properties/shares of stocks
4. DST on transactions COOPs dealing with
non-members whose accumulated reserves
and undivided net savings > P10M
5. VAT on purchases of goods and services

AIT Learning through Quality Training


Sale or exchanges of Real Property
and Shares of stocks

On sale of RP-capital assets:


6%CGT +1.5% DST on selling price
or fair market value whichever is higher.
On sale of shares of stocks:
5% on first P100,000 net gain
10% on the excess over P100,000 net gain

(BIR Ruling ECCP-003-2006)


AIT Learning through Quality Training
Business Activities of the Coops Other
Not listed in the Articles of Cooperation.

Income of Coops not related to the main/


principal business, subject to all
taxes under the Tax Code of 1997.

Applicable to all Coops, whether dealing


with members or both members and
non-members.

AIT Learning through Quality Training


Purchase of goods and services of COOPs

All COOPs are liable to pay VAT on


their purchase of goods and services
because said tax is an indirect tax which
can be passed on or shifted to the buyer.

The COOPs are exempt only on their


own transactions (i.e. sales, not purchases)

(BIR Ruling 008-01; DA 029-06)

AIT Learning through Quality Training


Interest on bank deposits of COOPs

All COOPs are liable to pay 20% FT


on Peso deposits and 7.5% on Dollar
deposits.
(BIR Ruling 008-01; DA 029-06, etc.)

However, interest on bank deposits of


Cooperative Employees Retirement
Plan is exempt from FT.
(BIR Ruling DA 259 dated April 12, 2006)

AIT Learning through Quality Training


12% VAT on Electric COOPs

All electric COOPs, whether CDA or


NEA-registered are liable to pay the
12% Value Added Tax.

VAT exemption repealed by RA 9337


effective November 1, 2005.

AIT Learning through Quality Training


TAXABILITY
of
Members, Employees and Directors
of
COOPERATIVES

AIT Learning through Quality Training


The exemption of the
cooperatives does
not extend to the
individual members.

(BIR Ruling ECCP-003-2006 dated March 30, 2006)

AIT Learning through Quality Training


Net Surplus distributed to members
(Patronage Refunds)

Not Subject to Income Tax

Not subject to VAT

No need to declare in ITR

(BIR Ruling DA 075-05, dated March 9, 2005)

AIT Learning through Quality Training


Net Surplus Distributed to Members
(Interest on members share capital)
Subject to Income Tax
Not Subject to Withholding Tax
Not subject to VAT
To be declared in Income Tax Return

(BIR Ruling DA 075-05, dated March 9, 2005)

AIT Learning through Quality Training


Interest on deposits

Considered as income subject to


income tax.

Include in other taxable income in


the income tax return.

(BIR Ruling DA-591-2006 dated October 5, 2006)

AIT Learning through Quality Training


Dumaguete Cathedral Credit Coop
vs CIR , CTA case no. 6827, 2/6/07
The CA held that cooperatives are liable to withhold
the 20% final withholding tax on interest income of
savings and time deposits of its members.
The Tax Code of 1997 imposes the final withholding
tax on interest from any currency bank deposit and
yield or any other monetary benefit from deposit
substitutes and from trust funds and similar
arrangements. CTA held that savings and time
deposits made to cooperative fall under the phrase
similar arrangements as provided for under the Tax
Code.

AIT Learning through Quality Training


Advances of Owner-members

Considered as Payables.

Not Income of the Owner-Members.

Not subject to income tax.

(BIR Ruling DA 029-2006, dated Feb 02, 2006)

AIT Learning through Quality Training


Compensation Income
Working for just one cooperative-employer with
annual compensation income:
Subject to income tax
Subject to withholding tax
Need not file income tax return
Substituted filing applies
BIR Form 2316 serves as substituted return
Provided income tax due = tax withheld
(RR 2-98, Sec 2.83.4)
AIT Learning through Quality Training
Compensation Income
Annual compensation income of P60,000 (P5,000 or less
per month) or minimum wage, whichever is higher:

Not Subject to withholding tax


Subject to income tax
Substituted filing (SF) does not apply (can be waived)
Need to file income tax return (need not, if SF)
Employee need to sign waiver for withholding if he
wants to be under SF.
(RR 2-1998 and RR 1-2006)

AIT Learning through Quality Training


Compensation Income
Required to file, regardless of amount:
1. Deriving compensation from two or more employer

2. Deriving income from both compensation


and business/profession

3. Deriving compensation while spouse has income


from business/profession

4. In case of married individual where one spouse


received compensation income exceeding P60,000

5. If income tax withheld is not equal tax due


AIT Learning through Quality Training
(RR 2-98, Sec. 2.83.4)
Compensation Income
De Minimis Benefits (Not taxable)

1. Medical cash allowance to dependents of employees


- P750.00/employee per semester or P125/month;

2. Rice subsidy - P1,000/month or one sack of 50-kg


rice/month worth P1,000;

3. Uniform and clothing allowance - P3,000/year;

4. Actual yearly medical benefits - P10,000/year;

5. Laundry allowance not exceeding P300/month;


(RR 10-2000, Section 1)
AIT Learning through Quality Training
Compensation Income
De Minimis Benefits (Not taxable)

6. Employees achievement awards - P10,000/year;


7. Xmas/Major anniversary celebrations P5,000/year;
8. Flowers, fruits, books, or other similar items
(for illness, marriage, birth of a baby, etc.);
9. Daily meal allowance for overtime work - 25% of
basic minimum wage; and
10. Monetized unused vacation leave credits - not
exceeding 10 days /year.

AIT Learning through Quality Training


Compensation Income
Not Taxable: aggregate of P30,000 and below

1. 13th month pay


2. 14th month pay
3. Mid-year bonus
4. Xmas bonus
5. Productivity incentives
6. Loyalty award

(RR 8-2000 dated August 21, 2000)


AIT Learning through Quality Training
Directors Fees

If the director is an employee of the


coop: considered as compensation income

If the director is not an employee of


the coop: treated as professional income
subject to creditable withholding tax.

AIT Learning through Quality Training


EXPANDED
SENIOR CITIZENS (SC)
ACT

(RR 4-2006 as amended by RR 1-2007)

AIT Learning through Quality Training


Compensation income of a SC
1. Gross compensation above the poverty level as
determined by NEDA per year (over P60,000)-
subject to income tax

2. Gross compensation is within poverty level as


determined by NEDA per year (P60,000 and
below) - not subject to income tax

AIT Learning through Quality Training


Business Income of a SC
1. Gross Business Income above the poverty level as
determined by NEDA per year (over P60,000)-
subject to income tax

2. Gross Business Income is within poverty level as


determined by NEDA per year (P60,000 and
below) not subject to income tax

AIT Learning through Quality Training


Mixed Income of a SC
Annual Taxable Income of a SC refers to the
annual gross compensation, business and other
income received by the SC during the taxable
year from all sources as defined in Sec. 31 of
NIRC of 1997.

The same rule in the previous slides applies.

AIT Learning through Quality Training


Requirements for exemption of SC

1. File for tax exemption with the RDO


where the SC resides;

2.Submit his/her OSCA ID; and

3. File an annual information return.

AIT Learning through Quality Training


Benefits of a benefactor of of a SC

A taxpayer-benefactor of a SC is considered
as Head of Family, provided that:

1. The SCs income does not exceed poverty level;

2. The SC must be living with & dependent upon


his benefactor for his chief support; and

3. The benefactor must register the SC as his


dependent with the RDO where both reside.
AIT Learning through Quality Training
Benefit of having a SC-employe
An employer of a SC is entitled to additional
deductions from their gross income equal
15% of the total amount of the salaries and
wages paid, provided that:

1. The employment shall be continuous for


for a period of at least six (6) months; and

2. The annual taxable income of the SC does


not exceed the poverty level set by NEDA.

AIT Learning through Quality Training


Senior Citizens Privileges
(RR 1-2007)

Deleted the TIN requirement under


Sec 8(5) of RR 4-2006 in order that
establishments may claim the sales
discount as deductions from gross
income

AIT Learning through Quality Training


Senior Citizens Privileges
(RR 1-2007)

Added Section 10 to RR 4-2006,


clarifying that the basis of the VAT
is the selling price net of the 20%
discount.

AIT Learning through Quality Training


Basis of Computation of VAT on sale
to Senior Citizens
Amount of sale (without VAT) P100.00
Less: 20% sales discount 20.00
Vatable sale P 80.00
Plus: 12% VAT (based on P80) 9.60
Total amount to be paid by SC P 89.60

AIT Learning through Quality Training


TAX COMPLIANCE

REQUIREMENTS OF

OF

COOPERATIVES

AIT Learning through Quality Training


REGISTRATION OF COOPERATIVES

1. WITH CDA

2. WITH LGU

3. WITH BIR

AIT Learning through Quality Training


When to register more than once?

1. Establishment of a new branch


2. Establishment of a storage place
3. Establishment of place of production
4. Engaging in different business activity

AIT Learning through Quality Training


What to register with BIR?

1. The Coops head office, branch or facility


2. Type of tax the Coop is required to pay
3. Books of accounts
4. Sales Invoices and Official Receipts
5. Register as a Withholding Tax Agent

AIT Learning through Quality Training


Effect of failure to register with BIR

1. The Coop will be subject to penalty for


failure to register under RMO 9-2006;
2. The Coop cannot print Invoices and
official receipts and that will mean
more penalties; and
3. The Coops request for CTE cannot be
processed.
AIT Learning through Quality Training
CERTIFICATE OF TAX EXEMPTION

Procedure in securing a CTE:


A. Submit application for CTE to the Legal Division,
RO through the RDO having jurisdiction over the
principal place of business of the Coop.
B. Attach the ff documents to the letter:
1. Certified true copy of:
a. Art of Cooperation and By Laws
b. Cert of Registration with CDA
2. Original copy of Cert of Good Standing

AIT Learning through Quality Training


CERTIFICATE OF TAX EXEMPTION
3. Cert under oath by Chairperson/Manager
a. Whether the Coop is dealing with members
or w/ both members/non-members;
b. Amount of accumulated reserve fund and
undivided net savings;
c. At least 25% of the NS is returned to members
in the form of interest and/or patronage refund;
d. List of members and share contribution of
each member.
4. Latest FS duly audited by an independent CPA

AIT Learning through Quality Training


Effect of Coops failure to secure a CTE
A Coop filed for request for CTE in 1999
but was not acted upon by the BIR; in 2005
it reapplied for exemption but never received
communication from BIR. It was ruled that
effective date of tax exemption is from
August 11, 1999, date of approval of the
Coops Registration Certificate.

Note: With application filed exemption applies


Without application ROs assess Coops
(BIR Ruling ECCP-003-06 dated March 30, 2006)

AIT Learning through Quality Training


CERTIFICATE OF Good Standing

A very important document:

*needed in securing CTE


*requirement for VAT exemption

AIT Learning through Quality Training


CERTIFICATE OF Good Standing

Requirements:
1. Application letter signed by chairman or reps;
2. AR together with audited FS;
3. Copy of Bond of accountable officer;
4. Minutes of latest general assembly;
5. Certification under oath re SCA requirements;
6. Certification of no pending case with CDA;
7. Information sheet duly accomplished; and
8. Certification fee of Php200.00
Note: New COOPs are exempt from 1-6
AIT Learning through Quality Training
Annual Information Return

File Annual Information Return

Not required to File Income tax Return

Use Form 1702 version (Exempt portion)

(BIR Ruling DA 029-2006 dated Feb 02, 2006)

AIT Learning through Quality Training


Annual Information Return
To be submitted on or before 15th day of the 4th
month after EOY

Attach Profit and Loss Statement/Balance Sheet


Certificate that there has been no change in the By-
Laws, Art of Cooperation, activities, sources and
disposition of income
Attach Copy of the letter of exemption/ruling
Attach Original Certificate of Good Standing.

AIT Learning through Quality Training


Books of Accounts and other Records

Subject to audit periodically

by BIR Revenue Officers

(BIR Ruling DA 029-2006, dated Feb 02, 2006)


AIT Learning through Quality Training
Accreditation
of
Tax Practitioners

AIT Learning through Quality Training


Accreditation of Tax Practitioners
(RR 11-2006)

requires that certain official statements


(returns, financial statements, reports,
protests, request for ruling, official
correspondence and other statements)
filed in behalf of a taxpayer, be signed
or certified to by BIR accredited persons.

AIT Learning through Quality Training


REVENUE REGULATIONS
NO. 7 - 2007

Additional procedural and/or Documentary


requirements in connection with the
preparation and submission of financial
statements accompanying the Tax Returns.

AIT Learning through Quality Training


Contents and Format of Financial Statements to be
Attached to the Annual Income Tax Return or
Information Return
The account titles to be used must be specific and not
control accounts which must be completely enumerated in
the financial statements must conform to the basic
framework of the financial reporting standards
promulgated by the Financial Reporting Standards
Council (FRSC) of the Philippines which are the generally
accepted accounting principles in the Philippines which
include the Philippine Accounting Standards and the
Philippine Financial Reporting Standards and the
refinements introduced thereon in respect to the different
industries as well as to the rules and requirements of
regulatory agencies that have supervision over them such
as SEC, BSP, IC and CDA.
AIT Learning through Quality Training
The Profit and Loss Statement shall show separately
by segment with breakdown of the specific accounts,
the following:
1. Sales/Revenues
2. Cost of Sales/Services
3. Selling and Administrative Expenses
4. Financial expenses, if any.
5. Other income
6. Other Expenses
(Note: Items 1,4, 5 and 6 should be fully explained in
the Notes to Financial Statements; items 2 and 3
should be supported by schedules)

AIT Learning through Quality Training


COVERAGE:

The Financial statements shall be composed


of the following
1. Balance sheet
2. Statement of Income
3. Statement of Changes in Equity
4. Statement of Cash Flows
5. Notes comprising a summary of
significant accounting policies & other
explanatory notes
6. Schedules

AIT Learning through Quality Training


COOPs as Withholding Tax Agents
What are to be withheld?
1) Withholding tax on compensation
2) Expanded Withholding tax on
certain income payments
3) Final Withholding tax on certain
passive income
4) Fringe Benefit Tax

AIT Learning through Quality Training


Withholding Tax
After withholding, you remit to BIR:
1) Withholding tax on compensation
(10th day after EOM using 1601C)
2) Expanded Withholding tax on
certain income payments
(10th day after EOM using 1601E)
3) Final Withholding tax on certain
passive income
(10th day after EOM using 1601F)
4) Fringe Benefit Tax
(25th day after the end of the quarter)
AIT Learning through Quality Training
Revenue Memorandum
Circular No. 39-2007
Clarifying the income tax and VAT
Treatment of agency fees/gross receipts
of security agencies including the
withholding of taxes due thereon.

AIT Learning through Quality Training


Withholding tax compliance

Contract Price
The agency fee

The security guards salaries

AIT Learning through Quality Training


Withholding tax compliance

Insofar as the agency fee is concerned,


the Client is constituted as the
withholding agent of the EWT.
With respect to the portion of the Contract
price representing the amount segregated
and earmarked as salaries of the security
guards, the security agency shall be the
one responsible for the withholding of the
tax on compensation income.

AIT Learning through Quality Training


Withholding tax compliance

However in order to comply with the requirement


for deductibility, the Security Agency must
furnish its client, on or before January 31 of the
year following the year of withholding, a
notarized certification indicating the names of
the guards employed by the client, their
respective TINs, the amount of their salaries and
the amount of tax withheld from each. This
certification together with the covering receipt
must be kept on the file by the Client as
substantiation for the claim of the expense.

AIT Learning through Quality Training


Withholding Tax
For remittances of expanded withholding tax,
attach:
MAP Monthly alpha list of payees
COOP gives the payee Form 2307
(certificate of creditable income tax withheld)
Payee-income earner attach the Form 2307
to the SAWT and the ITR.
SAWT Summary alpha list of
withholding agents of income payments
subjected to withholding tax
AIT Learning through Quality Training
Withholding Tax
How to file the MAP BY COOPs:/SAWT:
1) Hard copies 10 or less payees/WAs
2) Floppy Diskette over 10 payees/Was
3) E-filing for taxpayers under EFPS
SAWT is filed in the same manner ONLY BY
COOPs that are subject to income tax in
cases where certain income were subjected
to Expanded Withholding Tax.

AIT Learning through Quality Training


COOP employees
Need not file income tax return,
if qualified for substituted
filing.
Note: 1. COOP withholds and remits
correct income tax from employees
2. COOP issues BIR Form 2316 to
employee as the substituted return.
3. COOP files the annual information
return BIR Form 1604-CF.

AIT Learning through Quality Training


COOP employees
Conditions for substituted filing:
1. employee receives compensation income,
regardless of amount during the year
2. employee receives income from just one
employer
3. the amount tax withheld equals tax due
4. the employees spouse also complies with
the above
AIT Learning through Quality Training
RMO 19-2007
Consolidated Revised Schedules of
Compromise penalties for violations of the
NIRC

AIT Learning through Quality Training


Common Violations of
Cooperatives
Failure to Register
Compromise is P 2,000 to 20,000 depending
upon the location of the cooperative.

AIT Learning through Quality Training


Common Violations of Cooperatives

Failure to pay and display the annual


registration fee (BIR Form No. 0605)
No Certificate of Registration Displayed
Failure to display the poster Ask for BIR
receipt or Notice to the public to demand
receipts/invoice
Compromise for each violation of the above is
P 1,000

AIT Learning through Quality Training


Common Violations of Cooperatives

Failure to keep/preserve records required by


law or regulations

Compromise is P 200 to P 50,000 based on the


annual gross sales, earnings or receipt

AIT Learning through Quality Training


Common Violations of Cooperatives

Failure to make, file/submit any return or


supply correct information at the time or times
required by law or regulation.

P 2,000 to P 25,000 based on gross sales,


receipts or earnings.

AIT Learning through Quality Training


Common Violations of Cooperatives

Failure to withhold or remit withheld taxes at


the time or times required by law or
regulations

P 200 to P 25,000 based on the amount of tax


not withheld or remitted

AIT Learning through Quality Training


Common Violations of Cooperatives

Failure to have books of accounts audited and


have the financial statements attached to the
income tax return certified by an independent
CPA duly accredited by the BIR.

P 2,000 to P 25,000 based on gross sales,


receipts or earnings.

AIT Learning through Quality Training


Updates:

REPUBLIC ACT NO. 9480


AN ACT ENHANCING REVENUE
ADMINISTRATION AND COLLECTION
GRANTING AN AMNESTY ON ALL
UNPAID INTERNAL REVENUE TAXES
IMPOSED BY THE NATIONAL
GOVERNMENT FOR TAXABLE YEAR 2005
AND PRIOR YEARS

AIT Learning through Quality Training


Department Order
No. 29-07
(August 15, 2007)

Rules and Regulations to Implement


Republic Act No. 9480

AIT Learning through Quality Training


Who may Avail of Tax Amnesty

Individuals, whether resident or nonresident


citizens;
Estates and trusts;
Corporations;
Cooperatives and tax exempt entities that have
become taxable as of December 31, 2005;
Other juridical entities including partnerships

AIT Learning through Quality Training


Exceptions:

Withholding agents with respect to their


withholding tax liabilities
Those with pending cases falling under the
jurisdiction of the PCGG
Those with pending cases involving
unexplained or unlawfully acquired wealth
revenue or income under the Anti Graft and
Corrupt Practices Act

AIT Learning through Quality Training


Exceptionscont

Those with pending cases filed in court


involving violation of the Anti-Money
Laundering Law;
Those with pending criminal cases filed in
court or in the Department of Justice for tax
evasion and other criminal offenses under
Chapter II of Title X of the national Internal
Revenue Code of 1997, as amended

AIT Learning through Quality Training


Exceptionscont

Those with pending criminal cases filed in


court for felonies of frauds, illegal exactions
and transactions, and malversation of public
funds and property under Chapters III and IV
of Title of the Revised Penal Code; and
Tax cases subject of final and executory
judgment by courts.

AIT Learning through Quality Training


COMPLIANCE TESTING

AIT Learning through Quality Training


CAVITE,

GAME K N B?
Duly registered with CDA?

AIT Learning through Quality Training


DEAL OR NO DEAL ?

Certificate of Good Standing

AIT Learning through Quality Training


R U IN OR OUT?

Registration with BIR


TIN
Registration Certificate
Books of Accounts
Commercial Invoices
Withholding taxes
Annual information form (1702 AIF)
Posting requirements
AIT Learning through Quality Training
WANNA PUSH YOUR LUCK?

Certificate of Tax Exemption

AIT Learning through Quality Training


End of Presentation

Thank you!!!

Johnny T. Agustin
077-781-2359
0919-3806-408
agustincpa@yahoo.com

AIT Learning through Quality Training

Das könnte Ihnen auch gefallen