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QUALITY ASSURANCE BULLETIN I April 2019 Edion 1

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  • QUALITY ASSURANCE BULLETIN I April 2019 Edition 1

  • QUALITY ASSURANCE BULLETIN I April 2019 Edition 2

    RECENT SECURITIES AND EXCHANGE COMMISSION ISSUANCES

    RECENT BUREAU OF INTERNAL REVENUE ISSUANCES

    Revenue Regulations No. 4-2019: Implementing Rules and Regulations of Republic Act No.

    11213, Otherwise Known as the “Tax Amnesty Act”, Providing for the Guidelines on the Pro-

    cessing of Tax Amnesty Application on Tax Delinquencies.

    Revenue Memorandum Order No. 16-2019: Modifies the Alphanumeric Tax Code for

    Withholding Taxes in BIR Form No. 1601-EQ pursuant to RR No. 1-2019.

    Revenue Memorandum Order No. 18-2019: Amends RMO No. 9-2019 on the allocation of the

    CY 2019 BIR collection goal by implementing office.

    Revenue Memorandum Order No. 19-2019: Creates the Alphanumeric Tax Code for Tax

    Amnesty on Estate and Delinquencies pursuant to the implementation of Republic Act No. 11213

    ( Tax Amnesty Act).

    Revenue Memorandum Order No. 20-2019: Modifies the Alphanumeric Tax Code for Business

    Income and Income from Profession in BIR Form Nos. 1701/1701A/1701Q pursuant to the

    implementation of RA No. 10963 (TRAIN Act).

    Revenue Memorandum Circular No. 40-2019: Publishes the full text of PRC Resolution No.

    2019-1146, amending relevant provisions of Resolution No. 1032 s. 2017 (Implementing Rules

    and Regulations of the Continuing Professional Development Act of 2016)

    Revenue Memorandum Circular No. 41-2019: Circularizes the enhanced BIR Form No. 1702-

    MX January 2018 (ENCS), which shall be used by non-individuals with mixed income subject to

    multiple Income Tax rates or with income subject to special or preferential rate in filing the annual

    Income Tax Return and paying the Income Tax due starting the year 2018.

    Revenue Memorandum Circular No. 47-2019: Prescribes the revised guidelines and

    mandatory requirements for the processing and grant of Value-Added Tax refund claims within

    the 90-day period.

    SEC Memorandum Circular No. 7; Series of 2019: Guidelines On The Establishment Of A One Person Corporation (OPC)

    Notices:

    - Collection of Documentary Stamp Taxes (DST)

    - Mandatory Disclosure Forms

  • QUALITY ASSURANCE BULLETIN I April 2019 Edition 3

    REVENUE REGULATIONS

    NO. 4-2019

    Implementing Rules and Regulations of Republic Act

    No. 11213, Otherwise Known as the “Tax Amnesty

    Act”, Providing for the Guidelines on the Processing

    of Tax Amnesty Application on Tax Delinquencies.

    Delinquent account shall pertain to a tax

    due from a taxpayer arising from the audit of the

    BIR, which had been issued Assessment Notices

    that have become final and executory due to the

    instances specified in the Regulations.

    Delinquent account shall pertain to a tax

    due from a taxpayer arising from the audit of the

    BIR, which had been issued Assessment Notices

    that have become final and executory due to the

    instances specified in the Regulations.

    A. Delinquent Accounts as of the effectivity of the

    Regulations, including the following:

    Delinquent Accounts with application for

    compromise settlement either on the basis

    of (a) doubtful validity of the assessment or

    (b) financial incapacity of the taxpayer,

    whether the same was denied by or still

    pending with the Regional Evaluation Board

    (REB) or the National Evaluation Board

    (NEB), as the case may be, on or before

    the effectivity of the Regulations;

    Delinquent Withholding Tax liabilities arising

    from non-withholding of tax; and

    Delinquent Estate Tax liabilities.

    B. With pending criminal cases with the

    Department of Justice (DOJ)/Prosecutor’s

    Office or the courts for tax evasion and other

    criminal offenses under Chapter II of Title X and

    Section 275 of the Tax Code, as amended, with

    or without assessments duly issued;

    C. With final and executory judgment by the courts

    on or before the effectivity of the Regulations;

    and

    D. Withholding tax liabilities of withholding agents

    arising from their failure to remit withheld

    taxes.

    The tax amnesty rates shall be as follows:

    The tax amnesty rate of one hundred

    percent (100%) provided in letter (d) shall apply in

    all cases of non-remittance of Withholding Taxes,

    even if the same fall under letter (a), (b) or (c)

    above.

    In cases where the delinquent taxes have

    been the subject of application for compromise

    settlement pursuant to Section 204 of the Tax

    Code, whether denied or pending, as well as

    cases with partial/installment payments, the

    amount of payment shall be based on the net

    basic tax/net amount as certified by the concerned

    office following the procedure under Section 5(C)

    of the Regulation.

    In case the delinquent account/assessment

    consists only of unpaid penalties due to either late

    filing or payment, and there is no basic tax

    assessed, the taxpayer may avail of the tax

    amnesty in accordance with the procedure set

    forth in Section 5 of the Regulations, without any

    payment due.

    The documentary requirements, place of

    filing of the Tax Amnesty Return (TAR) and

    procedures on how to avail the Tax Amnesty on

    Delinquencies are specified in the Regulations.

    a. Delinquent accounts and assessments which have become final and executory

    40% of the

    basic tax

    assessed b. Tax cases subject of final and

    executory judgment by the courts

    50% of the

    basic tax

    assessed c. Pending criminal cases filed

    with the DOJ/Prosecutor’s Office or the courts for tax evasion and other criminal offenses under Chapter II of Title X and Section 275 of the Tax Code, as amended

    60% of the

    basic tax

    assessed

    d. Withholding agents who withheld taxes but failed to remit the same to the BIR

    100% of the

    basic tax

    assessed

  • QUALITY ASSURANCE BULLETIN I April 2019 Edition 4

    The Notice of Issuance of Authority to

    Cancel Assessment shall be issued by the BIR to

    the taxpayer availing of the Tax Amnesty on

    Delinquencies within fifteen (15) calendar days

    from submission of the Acceptance Payment Form

    (APF) and TAR. Otherwise, the stamped “received”

    duplicate copies of the APF and TAR shall be

    deemed as sufficient proof of availment.

    Insofar as the tax delinquencies covered by

    the TAR is concerned, any notice, attachment and/

    or warrant of garnishment issued against the

    taxpayer by the concerned BIR office shall be set

    aside pursuant to the lifting of the said notices and

    warrants issued by the concerned BIR office.

    The tax delinquency of those who avail of

    the Tax Amnesty on Delinquencies under the

    Regulations, upon full compliance with all the

    conditions set forth in the Regulations, shall be

    considered settled, and the criminal case in

    connection therewith and its corresponding civil or

    administrative case, if applicable, shall be

    terminated. The taxpayer shall be immune from all

    suits or actions, including the payment of said

    delinquency or assessment, as well as additions

    thereto, and from all appurtenant civil, criminal and

    administrative cases, and penalties under the 1997

    Tax Code, as amended, as such relate to the

    internal revenue taxes for taxable years that are

    subject of the tax amnesty availed of.

    The availment of the Tax Amnesty on

    Delinquencies and the issuance of the

    corresponding APF do not imply any admission of

    criminal, civil or administrative liability on the part

    of the availing taxpayer.

    REVENUE MEMORANDUM ORDER

    NO. 16-2019

    Modifies the Alphanumeric Tax Code for

    Withholding Taxes in BIR Form No. 1601-EQ

    pursuant to RR No. 1-2019.

    Continuation...

    EXISTING (per ATC Handbook)

    MODIFIED/NEW

    ATC Description Tax

    Rate Tax

    Rate

    WI650 WC650

    On gross amount of refund given by MERALCO to customers with active contracts as classified by MERALCO

    Individual Corporate

    25%

    15%

    WI651 WC651

    On gross amount of refund given by MERALCO to customers with terminated contracts as classified by MERALCO

    Individual Corporate

    32%

    15%

    WI661 WC661

    On gross amount of interest on the refund of meter deposit whether paid directly to the customers or applied against customer’s billings of Non-Residential customers whose monthly electricity consumption exceeds 200 kwh as classified by MERALCO

    Individual Corporate

    10%

    15%

    WI663 WC663

    On gross amount of interest on the refund of meter deposit whether paid directly to the customers or applied against customer’s billings of Non- Residential customers whose monthly electricity consumption exceeds 200 kwh as classified by other electric Distribution Utili-ties (DU)

    Individual Corporate

    20%

    15%

    WI710 WC710

    Interest income derived from any other debt instruments not within the coverage of deposit substitutes and RR No. 14-2012

    Individual Corporate

    20%

    15%

  • QUALITY ASSURANCE BULLETIN I April 2019 Edition 5

    REVENUE MEMORANDUM ORDER

    NO. 18-2019

    Amends RMO No. 9-2019 on the allocation of the CY

    2019 BIR collection goal by implementing office.

    In consideration of the following:

    a) The Revised Medium-Term Revenue

    Program dated March 18, 2019;

    b) Actual Collections for the period January to

    December 2018 based on the Consolidated

    Monthly Statistical Report of Revenue

    Collections (BIR Form No.1209) as of March

    13, 2019, (CY 2018 Actual Collection is net of

    collections from Non-Recurring Transactions

    and Enlisted/Delisted Taxpayers);

    c) Computation of Growth Rate on BIR

    Operations;

    d) Goal by Implementing Office;

    e) Allocation of the goal under the Tax

    Amnesty on Delinquencies, which was based

    on the Accounts Receivable/Delinquent

    Accounts Report as of December 31, 2018,

    and was distributed over the months of June to

    December 2019; and the

    f) Goal on Estate Tax Amnesty, which was

    distributed from July to December 2019.

    The goal allocations provided in RMO No.

    9-2019 for the months of January to March

    2019 shall remain unchanged and will continue

    to be in effect.

    REVENUE MEMORANDUM ORDER

    NO. 19-2019

    Creates the Alphanumeric Tax Code for Tax

    Amnesty on Estate and Delinquencies pursuant to

    the implementation of Republic Act No. 11213 ( Tax

    Amnesty Act)

    REVENUE MEMORANDUM ORDER

    NO. 20-2019

    Modifies the Alphanumeric Tax Code for Business

    Income and Income from Profession in BIR Form

    Nos. 1701/1701A/1701Q pursuant to the

    implementation of RA No. 10963 (TRAIN Act)

    ATC

    Description

    Tax Rate

    BIR Form No.

    MC320 Estate Tax

    Amnesty

    6% 0621-EA 2118-EA

    MC330 Tax Amnesty on Delinquencies

    40%

    50%

    60%

    100%

    (of the basic tax assessed)

    0621-DA 2118-DA

    EXISTING (per ATC Handbook) MODIFIED/ NEW

    ATC

    Description

    Tax Rate

    BIR Form

    No.

    BIR

    Form

    No.

    II012 Business Income - Graduated Income Tax Rates

    Graduated Income Tax Rates

    1701

    1701Q

    1701 1701A 1701Q

    II014 Income from Profession - Graduated Income Tax Rates

    II015 Business Income – 8% Income Tax Rate

    8% Income Tax Rate

    II017 Income from Profession – 8% Income Tax Rate

  • QUALITY ASSURANCE BULLETIN I April 2019 Edition 6

    REVENUE MEMORANDUM CIRCULAR

    NO. 40-2019

    Publishes the full text of PRC Resolution No. 2019-

    1146, amending relevant provisions of Resolution No.

    1032 s. 2017 (Implementing Rules and Regulations of

    the Continuing Professional Development Act of

    2016)

    The CPD is made as a mandatory

    requirement in the renewal of the Professional

    Identification Card (PICs) of all registered and

    licensed professionals under the regulation of the

    Professional Regulation Commission. The PIC is

    renewable every three (3) years upon compliance

    with the requirements set by law.

    There shall be a transition period to develop

    the necessary standards, processes, capacity, and

    infrastructure while minimizing the cost and

    inconvenience to professionals covered by the

    requirement. During the transition period, the

    following shall be observed:

    A. Professionals working overseas shall not be

    covered by the CPD requirement.

    B. Newly-licensed professionals shall not be

    covered by the CPD requirement for the first

    renewal cycle after obtaining their license.

    C. The various CPD Councils shall reduce the

    required CPD credit units to a minimum, which

    shall not be more than fifteen (15), as provided

    for under applicable laws.

    CPD Credit Units refer to the value of an

    amount of learning achieved from formal, informal

    or non-formal learning, including professional work

    experience wherein credits can be accumulated to

    predetermined levels for the award of a

    qualification. Provided, however, that the following

    shall not be covered during the transition period:

    A. Where Professional Regulatory Laws of

    covered professions require compliance with

    specific number of CPD Credit Units for the

    renewal of the PIC.

    B. Where the professional intends to practice

    the profession in countries covered by bilateral,

    regional or international agreements in which

    CPD ...

    is a recognition and eligibility requirement, such

    as the ASEAN Mutual Recognition

    Agreements.

    All duly validated and recognized CPD

    credit units earned by a professional shall, among

    others, be accumulated and transferred in

    accordance with the pathways and equivalencies

    of the Philippine Qualifications Framework.

    A CPD provider shall apply for

    accreditation of its program to the CPD Council.

    The CPD provider shall indicate the number of

    times the program will be offered for monitoring

    purposes.

    An accredited CPD Provider of a particular

    profession may apply for accreditation of its

    program/s to the CPD Council of other professions

    subject to the approval of the CPD Council

    concerned.

    In-house training programs and

    capacity-building activities of government agencies

    and government corporations, including local

    government units, and private employers shall be

    accredited and considered as CPD compliance of

    their employed professionals.

    All CPD programs duly submitted for

    accreditation shall be deemed approved after ten

    (10) working days from receipt thereof if no

    feedback from the CPD Council is received.

    Thereafter, the CPD providers shall be allowed to

    offer the same, provided, that the applicable rule of

    awarding of credits is strictly observed.

    CPD providers with valid accreditation at

    the time this Resolution takes effect may still

    continue their public offering of CPD programs and

    award the corresponding CPD credit units

    approved by the concerned CPD Councils.

    Professionals who executed an

    Undertaking prior to the effectivity of this

    Resolution shall only comply with the required

    number of credit units, as amended, pursuant to

    this Resolution equivalent to not more than fifteen

    (15) credit units.

    The Professional Regulatory Boards and

    their respective CPD Councils are given a period

    of one (1) month to consult with their stakeholders

    for review of their Operational

  • QUALITY ASSURANCE BULLETIN I April 2019 Edition 7

    Guidelines and to accordingly amend the

    same to conform with this issuance. Those which

    have not issued their Operational Guidelines shall

    be guided by this issuance.

    REVENUE MEMORANDUM CIRCULAR

    NO. 41-2019

    Circularizes the enhanced BIR Form No. 1702-MX

    January 2018 (ENCS), which shall be used by non-

    individuals with mixed income subject to multiple

    Income Tax rates or with income subject to special

    or preferential rate in filing the annual Income Tax

    Return and paying the Income Tax due starting the

    year 2018

    The revised manual returns are already

    available in the BIR website (www.bir.gov.ph)

    under the BIR Forms-Income Tax Return section.

    However, the Forms are not yet available in the

    Electronic Bureau of Internal Revenue Forms

    (eBIRForms) and Electronic Filing and Payment

    System (eFPS); thus, eBIRForms/eFPS filers shall

    use the existing old version available in eFPS and

    in the Offline eBIRForms Package in filing the said

    return, except for those taxpayers who elected

    optional standard deduction (OSD) as the method

    of deduction which shall use the manual returns.

    The General Professional Partnership who

    elected OSD on the first quarter as their method of

    deduction shall likewise use the manual return.

    The Revenue District Offices (RDOs) shall

    receive the manually-filed returns by the taxpayers,

    either no payment returns or returns with payments

    made online. Manual filers shall download the PDF

    version of the form, print the form and completely

    fill out the applicable fields, otherwise they shall be

    subjected to penalties under Sec. 250 of the Tax

    Code, as amended.

    REVENUE MEMORANDUM CIRCULAR

    NO. 47-2019

    Prescribes the revised guidelines and

    mandatory requirements for the processing

    and grant of Value-Added Tax refund claims

    within the 90-day period

    The time frame to process and grant

    claims for VAT refund is ninety (90) days from

    the date of submission of the official receipts

    or invoices and other documents in support of

    the application filed up to the release of the

    payment for the approved amount of the

    refund.

    The Application for VAT Credit/Refund Claims

    (BIR Form No. 1914) shall be received by the

    following BIR offices:

    A. VAT Credit Audit Division (VCAD) -

    for direct exporters, regardless of the

    percentage of export sales to total

    sales and whose claims are anchored

    under Section 112(A) of the Tax Code of

    1997, as amended

    B. Revenue District Office (RDO) or LT

    Audit Division having jurisdiction over the

    taxpayer-claimant - for taxpayers

    engaged in other VAT zero-rated sales

    (e.g. Renewable Energy Developers and

    those with indirect exports classified as

    effectively VAT zero-rated sales) whose

    claims are anchored under Section 112(A)

    of the Tax Code of 1997, as amended

    C. RDO or LT Audit Division having

    jurisdiction over the taxpayer-claimant -

    for taxpayers whose VAT Registration

    have been cancelled pursuant to Section

    112(B) of the Tax Code of 1997, as

    amended

    Subject to the provisions of Sec. 4.112-

    1(b) of RR No. 13-2018, the filing of the claim

    for VAT refund of a VAT-registered person

    whose registration has been cancelled due to

    retirement from or cessation of business, or

    due to changes in or cessation of status shall

    be at the BIR office which has jurisdiction over

    the taxpayer, within two (2) years from the

    date of issuance of the Tax Clearance by the

    BIR.

    Continuation...

  • QUALITY ASSURANCE BULLETIN I April 2019 Edition 8

    Upon filing of the claim, the taxpayer-

    claimant shall have no outstanding tax

    liabilities. Outstanding VAT liability with the BIR

    may be deducted from the approved refund on

    the BIR portion. If there is a VAT liability with

    the BIR and the claim includes refund of input

    VAT on importations which necessitates

    endorsement to the Bureau of Customs (BOC)

    for processing of the payment, the VAT

    liability with the BIR must first be settled

    before filing the application for VAT refund with

    the BIR.

    The taxpayer-claimant shall ensure the

    completeness and authenticity of the

    documentary requirements upon filing of the

    application for VAT refund. Failure on the part

    of the taxpayer-claimant to submit the complete

    documents in support of the claim shall result

    in non-acceptance of the applications. No

    additional document/s shall be subsequently

    requested/required from the taxpayer-claimant.

    Any unsupported claim shall be outrightly

    disallowed, resulting in full/partial denial of the

    claim.

    The person who will sign and file the

    application for VAT refund, execute affidavit/s

    and/or such other document/s supporting the

    claim shall be duly authorized by the taxpayer.

    The “Secretary’s Certificate” or “Special

    Power of Attorney” designating/authorizing

    said representative of the corporate claimant or

    sole proprietorship/partnership, as the case may

    be, should be notarized and must be

    presented to the processing office, together with

    one (1) valid government-issued Identification

    Card (ID) of the said authorized representative.

    The documents to be submitted by the

    taxpayer-claimant upon filing of the application

    for VAT refund, including the Revised

    Checklist of Mandatory Requirements, are

    specified in the Circular.

    As part of the Transitory Provisions, the

    taxpayer-claimant shall submit the following

    documents within thirty (30) days from date of

    filing:

    1. “Certification of VAT Payment” from

    BOC RAD;

    2. Consularized copy of the certificate

    of foreign registration/ incorporation/

    association of the NRFC for purposes of

    the claims whose zero-rated sales are

    anchored under Sections 108(B)(2) of

    the NIRC of 1997, as amended; and

    3. The certifications required for claims

    whose zero-rated sales are anchored

    under Section 108(B)(4) of the Tax

    Code of 1997, as amended, as required

    under Section II(9) of this Circular.

    Non-submission of said documents

    within the prescribed period may result in

    partial or full denial of the application, as the

    case may be.

    For VAT refund claims to be filed on

    June 1, 2019 and thereafter, all documents as

    required in the Circular shall be submitted

    upon filing.

    Continuation...

  • QUALITY ASSURANCE BULLETIN I April 2019 Edition 9

    SEC MEMORANDUM CIRCULAR NO. 7

    SERIES OF 2019

    GUIDELINES ON THE ESTABLISHMENT OF A ONE PERSON CORPORATION (OPC)

    In accordance with the power and function

    of the Securities and Exchange Commission to

    formulate and enforce standards and policies to

    carry out the provisions of Republic Act 11232, the

    Act providing for the Revised Corporation Code of

    the Philippines (RCC), the following guidelines,

    rules and regulations in the establishment of a One

    Person Corporation (OPC) are hereby adopted:

    Section 1. Definition and Incorporator

    A one person corporation (OPC) is a

    corporation with a single stockholder, who can only

    be a natural person, trust or estate.

    The incorporator of an OPC being a natural

    person must be of legal age.

    As an incorporator, the "trust" as used by

    the law does not refer to a trust entity, but the

    subject being managed by a trustee.

    If the single stockholder is a trustee,

    administrator, executor, guardian, conservator,

    custodian, or other person exercising fiduciary

    duties, proof of authority to act on behalf of the

    trust or estate must be submitted at the time of

    incorporation.

    Section 2. Term of Existence

    The term of existence of the OPC shall be

    perpetual. However, in case of the trust or estate,

    its term of existence shall be co-terminous with the

    existence of the trust or estate.

    The OPC under the name of the estate

    may be dissolved upon proof of Partition, such as

    Order of Partition issued by the Court in case of

    Judicial Settlement and Deed of Extrajudicial

    Settlement in case of summary settlement of the

    estate.

    The OPC under the name of the Trustee

    may be dissolved upon proof of termination of the

    trust.

    Section 3. Corporate Name

    The suffix "OPC" should be indicated by

    the one person corporation either below or at the

    end of its corporate name.

    Section 4. Single Stockholder as Director and

    Officer

    The single stockholder shall be the sole

    director and president of the OPC.

    Section 5. Designation of Nominee and

    Alternate Nominee

    The single stockholder is required to

    designate a nominee and an alternate nominee

    named in the Articles of Incorporation who shall

    replace the single stockholder in the event of the

    latter's death and/or incapacity. The written

    consent of both the nominee and alternate

    nominee shall be attached to the application for

    incorporation.

    Section 6. Only Articles of Incorporation Needed

    The OPC shall file its Articles of

    Incorporation (AI) in accordance with the

    requirements of Section 14 of the Revised

    Corporation Code of the Philippines. The AI must

    set forth its primary purpose, principal office

    address, term of existence, names and details of

    the single stockholder, the nominee and

    alternate nominee and the authorized,

    subscribed and paid-up capital and such other

    matters consistent with law and which may be

    deemed necessary and convenient.

    For facility of registration, applicants may

    follow the attached sample of the Articles of

    Incorporation of an OPC.

  • QUALITY ASSURANCE BULLETIN I April 2019 Edition 10

    Section 7. Bylaws

    The OPC is not required to submit and file

    its Bylaws.

    Section 8. Minimum Capital Stock Not Required

    The OPC is not required to have a

    minimum authorized capital stock except as

    otherwise provided by special law. Further,

    unless otherwise required by applicable laws or

    regulations, no portion of the authorized capital is

    required to be paid-up at the time of

    incorporation.

    Section 9. Officers

    Within fifteen (15) days from the issuance

    of its Certificate of Incorporation, the OPC shall

    appoint a Treasurer, Corporate Secretary, and

    other officers, and notify the SEC thereof within

    five (5) days from appointment, using the

    Appointment Form as may be prescribed by the

    SEC.

    The single stockholder shall not be

    appointed as Corporate Secretary but may

    assume the role of a Treasurer.

    Section 10. Bond Requirement for the

    Self-Appointed Treasurer

    The single stockholder who assumes the

    position of the Treasurer shall post a surety bond

    to be computed based on the authorized capital

    stock (ACS) of the OPC as shown in the Table

    below:

    *Subject to renewal every two (2) years or as

    may be required, upon review of the annual

    submission of the Audited Financial Statements/

    Financial Statements certified under oath by the

    company's President and Treasurer.

    ** The bond is a continuing requirement for so

    long as the single stockholder is the self-

    appointed Treasurer of the OPC.

    *** The bond may be cancelled upon proof of

    appointment of another person as the Treasurer

    and Filing of Amended Form for Appointment of

    Officers.

    Section 11. Change of Nominee or Alternate

    Nominee

    The single stockholder may, at any time,

    change its nominee and alternate nominee by

    submitting to the Commission the names of the

    new nominees and their corresponding written

    consent. The Articles of Incorporation need not

    be amended.

    Attached is the sample form for the

    Notice of the Change of nominee and alternate

    nominee.

    ACS

    Surety Bond Coverage*

    1.00 to 1,000,000.00 1,000,000.00

    1,000,001.00 to 2,000,000.00

    2,000,000.00

    2,000,001.00 to 3,000,000.00

    3,000,000.00

    3,000,001.00 to 4,000,000.00

    4,000,000.00

    4,000,001.00 to 5,000,000.00

    5,000,000.00

    P 5,000,001.00 and above = Amount of surety bond coverage shall be equal to the OPC's ACS

    Continuation...

  • QUALITY ASSURANCE BULLETIN I April 2019 Edition 11

    Section 12. Incapacity or Death of the Single

    Stockholder

    In case the single stockholder becomes

    incapacitated, the nominee can take over the

    management of the OPC as director and

    president. At the end of the incapacity, the single

    stockholder can resume the management of the

    OPC.

    In case of death or permanent incapacity

    of the single stockholder, the nominee will take

    over the management of the OPC until the legal

    heirs of the single stockholder have been lawfully

    determined and the heirs have agreed among

    themselves who will take the place of the de-

    ceased.

    Section 13. Reportorial Requirements

    The OPC must submit the following

    documents within the period required by the SEC:

    A) annual audited financial statements within 120

    days from the end of its fiscal year as indicat-

    ed in its Articles of Incorporation; Provided,

    that if the total assets or total liabilities of the cor-

    poration are less than six hundred thousand pe-

    sos (P600,000.00), the financial statements shall

    be certified under oath by the corporation's treas-

    urer;

    B) a report on all explanations or comments by

    the president on the qualification, reservation or

    adverse remarks made by the auditor in the

    financial statements;

    C) a disclosure of all self-dealings and related

    party transactions entered into between the OPC

    and the single stockholder; and

    D) other reports as the SEC may require.

    Section 14. Who are Not Allowed to Form OPCs

    Banks, non-bank financial institutions,

    quasi-banks, pre-need, trust, insurance, public

    and publicly listed companies, non-chartered

    government-owned and-controlled corporations

    (GOCCs) cannot incorporate as OPC.

    A natural person who is licensed to

    exercise a profession may not organize as an

    OPC for the purpose of exercising such

    profession except as otherwise provided under

    special laws.

    Section 15. Foreign National

    A foreign natural person may put up an

    OPC, subject to the applicable capital

    requirement and constitutional and statutory

    restrictions on foreign participation in certain

    investment areas or activities.

    NOTICE

    COLLECTION OF DOCUME NTARY STAMP TAXES (DST)

    Effective April 22, 2019, the Securities

    and Exchange Commission (SEC), in

    compliance with Section 188 of the National

    Internal Revenue Code, as amended by the Tax

    Reform for Acceleration and Inclusion (TRAIN)

    Law and as approved during Commission En

    Banc meeting on April 3, 2019, shall collect

    Documentary Stamp Tax amounting to Thirty

    Pesos (P30.00) for every certificate the SEC will

    issue.

    NOTICE

    MANDATORY DISCLOSURE FORMS

    Please be informed that the deadline for

    the submission of the Mandatory Disclosure

    Forms for Non-Stock Corporations/Non-Profit

    Organizations (NPOs) as required under SEC

    Memorandum Circular No. 15, series of 2018

    has been moved to 31 July 2019 pursuant to

    the Commission En Banc Resolution on 25 April

    2019.

    Continuation...

  • QUALITY ASSURANCE BULLETIN I April 2019 Edition 12

    LLAMES, GEMDEXTER A.

    Tax Specialist

    This bulletin is a compilation of relevant issuances, rulings and memoranda from various government agencies to

    enhance the technical skills of the professional staff of Paguio, Dumayas and Associates, CPAs and is not intended to

    replace the original issuances of the related government agencies.

    PAGUIO, FLOYD C.

    Managing Partner

    [email protected]

    [email protected]

    GALLEGOS, AIRA G.

    Tax Specialist

    [email protected]

    MELCHOR, AILEEN P.

    Senior Tax Specialist

    [email protected]

    ASADON, KEN JOHN B.

    Tax Supervisor

    Unit 3207 Cityland Pasong Tamo Condominium, Pasong Tamo St., Barangay Pio del Pilar, Makati City

    Contact us at: 950-9853/950-9854

    We are a team of Certified Public Accountants, who aim to be the

    accounting firm of choice for business entities in terms of:

    Audit and Assurance

    Taxation

    Business Process Outsourcing

    Management Consultancy

    [email protected]

    RULLODA, JOHN ERIC M.

    Tax Specialist

    [email protected]