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Taxation

Reynaldo G. Geronimo

Partner

Tax Remedies

Under the NIRC

(Administrative Level)

What is meant by tax remedies?

The term tax remedies refers to the actions and processes that the Government

may undertake to enforce the collection of leitimate taxes and those that taxpayer may

take or pursue in order to resist the payment of !hat he considers are unla!ful taxes.

"t !hich stae of taxation# does the sub$ect of Tax Remedies come in?

The sub$ect of Tax Remedies comes in the last stae# namely# at the stae or

phase of %ollection# after the earlier stae of &evy.

General 'utline

". Peacetime preparation for battle

(. "ctual %ombat

). 'penin moves

*. +iddle Game

,. -nd Game

%. %learin the battlefield

".

+aneuvers of Taxpayer

and

Government durin peace time

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ettin up the taxpayer/s positions

). Taxpayer Reisters !ith the R0'.

-very person sub$ect to any internal revenue tax should# after securin his

Taxpayer 1dentification 2umber# reister once !ith the appropriate Revenue 0istrict'fficer 3a4 !ithin )5 days from employment or 3b4 on or before commencement of

business# or 3c4 before payment of any tax due or upon filin of a return# statement or

declaration as re6uired by the Tax %ode.

7e must pay upon reistration# and annually thereafter on or before ,)stof

8anuary# the annual reistration fee 3P9554 for each and every separate or distinct

establishment or place of business and for each type of internal revenue tax for !ich he

is obliated.

-xempted from reistration fee are: 3a4 cooperatives# 3b4 individuals earnin purelycompensation income# 3c4 overseas !orkers.

*. Taxpayer keeps (ooks of "ccounts

a. ;inds: 3i4 must maintain $ournal and a leder< 3ii4 may maintain subsidiary books

b. =orm: 3i4 if 6uarterly ross sales# etc. do not exceed P95#555# use implified et

of (ookkeepin records authori>ed by ec. of =inance< 3ii4 if 6uarterly ross sales is

over P)95#555# books must be audited yearly by a %P"

c. &anuae: 3i4 must be in the native lanuae# -nlish or panish< 3ii4 in addition# maybe in another lanuae# but translation must be kept. ;eepin of such books in any

lanuae other than native lanuae# -nlish and panish is prohibited.

d. 0uration of preservation: , years from date of last entry.

Gov/t settin up its o!n position

). 1ssues the Taxpayer/s 1dentification 2umber or T12