When royalties are taxed at 30% income tax p4| Strict VAT invoicing applies to tax refunds
but not to assessment cases p6 | Falsity charge must be in the FAN to extend ordinary
prescription p6 | All corporations cannot make political donations p9
Client
advisory
letter
Latest on income tax, VAT, and other taxes In July 2009, the International Accounting Standards
When royalties are taxed at 30% income tax............................... 4 Board (IASB) issued the International Financial
Collecting agent is not subject to income tax............................... 4 Reporting Standard for Small and Medium-sized Entities
Debt renewal subject to DST ......................................................... 4 (IFRS for SMEs) in response to strong international
Foreign entity may be taxed independently support from the world’s national accounting standard-
from its Philippine branch............................................................... 4 setters for the IASB to develop global standards for SMEs.
ITH under BOI covers income tax and CWT only......................... 5
Proofs of doing business outside the Philippines......................... 5 Full IFRS was largely designed for the consolidated
Royalties, service fees under a franchise taxed differently.......... 5 financial statements of listed companies. Hence, some
International agency employees not tax-exempt.......................... 5 parts of full IFRS may be unnecessary, too complex or
too expensive for other financial reporting especially for
Latest on tax assessments/refund procedures unconsolidated financial statements or most unlisted
CWT refund is denied for not reporting related sales................... 6 companies.
Strict VAT invoicing applies to tax
refunds but not to assessment cases............................................ 6 At the time of its issue, the IASB stated that it planned to
Falsity charge must be in the FAN to extend undertake an initial comprehensive review of the IFRS for
ordinary prescription....................................................................... 6 SMEs to assess the first two years’ experience that entities
would have had in implementing it and to consider
Latest on regulatory landscape whether there is a need for any amendments. Specifically,
The Philippine Competition Act is finally enacted......................... 7 the IASB said it would consider whether to amend the
2015 IRR of the Securities Regulation Code issued..................... 7 IFRS for SMEs to address any implementation issues
Filing of complete principal office address extended................... 8 identified and also whether to consider any changes made
Dealers in proprietary shares cannot register as MFDs............... 8 to full IFRS since the IFRS for SMEs was issued.
Voting rights may be broadened.................................................... 8
ROs not allowed to invest in a domestic company....................... 8 According to the IASB, out of the 140 jurisdiction profiles,
Winding up of defunct corporation................................................ 8 72 jurisdictions currently permit or require the IFRS for
All corporations cannot make political donations......................... 9 SMEs and an additional 14 are currently considering
New rules in issuing ICC................................................................. 9 plans to adopt it.
Under a Toll Operation Agreement, a subsidiary company Upon re-evaluation, the BIR confirmed the taxpayer’s
was incorporated to collect toll fees for an expressway entitlement to the treaty rate given that, the dividends
project. The daily toll collections were remitted by the received by the foreign corporation are not effectively
subsidiary to the individual bank accounts of the joint connected with nor conducted through the Philippine
venture partners. The toll fees were recorded as revenues branch office. As such, the foreign corporation becomes the
by the JV partners in their respective books and declared taxpayer, and not the branch. This ruling superseded BIR
as income in their respective ITRs. Consequently, the toll ITAD Ruling No. 96-12.
collections were subject to income tax pursuant to the (BIR Ruling No. ITAD 233-15 dated 27 July 2015)
respective tax regimes of the JV partners.
The Philippine Competition days after notice to the PCC; otherwise, the agreement
shall be considered void and subject the parties to an
Act is finally enacted administrative fine of 1% to 5% of the value of the
transaction.
To enhance economic efficiency and promote free and fair
competition in the business playing field, the Philippine • Administrative fines (maximum of PHP100m on the
Competition Act (RA No. 10667) was signed into law. Its first offense and PHP250m for the second offense) can
salient features include the following: be imposed by the PCC on any entity for entering into
anti-competitive agreements, abusing dominant market
• The Philippine Competition Commission (PCC) shall position, failing to notify the PCC of a merger transaction
be created within 60 days after the effectivity of RA No. exceeding PHP1bn, and engaging in anti-competitive
10667. The Commission shall look into anti-competitive mergers and acquisitions.
agreements, abuses in dominant positions, and anti- (Republic Act No. 10667 approved on 21 July 2015)
competitive mergers and acquisitions.
• Anti-competitive agreements prohibited under the law 2015 IRR of the Securities
include:
Regulation Code issued
-- Restricting competition as to price, or other terms
In response to the ever changing market conditions and
of trade; fixing price at an auction or in any form of
to the upcoming ASEAN integration, the SEC recently
bidding; setting, limiting or controlling production,
approved the amended IRR for the SRC which primarily
markets, technical development or investment;
aims to address stock price manipulation concerns, among
dividing or sharing the market by volume of sales
its other objectives.
or purchases, territory, type of goods or services,
buyers or sellers or any other means; and other
The 2015 IRR strengthens the government’s regulatory role
agreements which could substantially prevent,
in supervising and overseeing market transactions as it fills
restrict or lessen competition.
up regulatory gaps, improves the existing requirements, and
adopts global standards that, in return, enhance the ability
• Acts considered as abuses of dominant positions include:
of businesses to raise capital in the local market and also
to meet the challenges instigated by the increasing market
-- Selling goods or services below cost to suppress
complexity.
competition; imposing barriers to entry; setting
unreasonably discriminatory prices or conditions
Some of the amendments included in the new IRR are as
between customers or sellers of the same goods follows:
or services; imposing restrictions on the lease or
contract for the sale or trade of goods and services • Simplified definition of commercial paper as evidence of
that are anti-competitive; making the supply of indebtedness of any person with a maturity of 365 days
goods dependent on the purchase of other goods or less, removing the use of long-term and short-term
or services; and limiting production, markets commercial paper; sale of commercial papers are made
or technical development to the prejudice of easier;
consumers.
• Delayed and continuous offering and sale of securities
• Parties to a merger or acquisition agreement, wherein can be made under the shelf registration program;
the value of the transaction exceeds PHP1bn, are
prohibited from consummating their agreement until 30 • Additional category of exempt securities;
Glossary
BL -By-Laws
BPS - Bureau of Philippine Standards
DTI - Department of Trade and Industry
FIA - Foreign Investments Act
ICC - Import Commodity Clearance
IRR - Implementing Rules and Regulations
MFD - Mutual Fund Distributor
RO - Representative Office
SEC - Securities and Exchange Commission
TR - Test reports
PwC refers to the Philippines member firm, and may sometimes refer to the PwC network.
Each member firm is a separate legal entity.
Please see www.pwc.com/structure for further details.
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for. We’re a network of firms in 157 countries with more than 195,000 people who are
committed to delivering quality in assurance, tax and advisory services. Find out more by
visiting us at pwc.com/ph.
Disclaimer
The contents of this advisory letter are summaries, in general terms, of selected issuances
from various government agencies. They do not necessarily reflect the official position of
Isla Lipana & Co. They are intended for guidance only and as such should not be regarded
as a substitute for professional advice.