quality assurane ulletin i april 2019 edition...
TRANSCRIPT
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QUALITY ASSURANCE BULLETIN I April 2019 Edition 1
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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
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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
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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%
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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
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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
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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...
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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...
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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.
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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...
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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...
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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
GALLEGOS, AIRA G.
Tax Specialist
MELCHOR, AILEEN P.
Senior Tax Specialist
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
RULLODA, JOHN ERIC M.
Tax Specialist