Subject: WEEKLY TAX UPDATES [FEB 25] CREATE MORE IRR signed

WEEKLY TAX UPDATES

FEBRUARY 25

  1. TAX & BUSINESS-RELATED NEWS [FEBRUARY 18-24]

  2. BIR RULINGS

1. TAX & BUSINESS-RELATED NEWS [FEBRUARY 18-24]

1. Rules on VAT exemption, zero rating for exporters out next month

2. Davao region workers to receive pay hike

3. Manny Pacquiao unveils Manila Ecommerce Center and Star Digital Solutions

4. SM Group’s Asia Pacific College soon to be a university

5. DOJ commends prosecutors for probing money laundering as PH exits 'grey list'

6. CLI’s new JV firm gets SEC clearance

7. Auto shop says it's not importing, storing POGO bosses' luxury cars

8. Pre-CREATE firms to enjoy longer sunset provision

9. Supreme Court upholds Ched closure order vs Mandaue City College

10. Outpatient emergency cases now covered by PhilHealth

11. COA mulls disallowance to LTO, German-based IT firm over unexplained P1.2B funds in internet project

12. Government finalizing P9 billion incentives program for vehicle production

13. John Hay sublessees told to sue units' prior owners

14. General Santos port up for privatization

15. Bora to implement new ticketing system

16. SC disbars lawyer for misappropriating clients’ funds

17. DILG chief gives top Urdaneta execs 10 days to step down

18. Marcos orders reduction of real property taxes of IPPs under BOT

19. CREATE MORE IRR signed, BPOs will be ‘very happy with 50% work from home’ – Go

DISCLAIMER!

We saw these tax and business-related news on various news sites, and we thought you should see them. DMD is not responsible for the content of these news, and anything written thereon does not necessarily reflect DMD views or opinions.

Rules on VAT exemption, zero rating for exporters out next month [Philippine Daily Inquirer, February 24, 2025]

The Export Marketing Bureau (EMB) of the Department of Trade and Industry plans to release a new set of procedures for local exporters seeking value-added tax (VAT) exemption and zero rating by next month.


Davao region workers to receive pay hike [The Philippine Star, February 23, 2025]

The order increased to P510 from P481 the minimum daily pay of workers in the non-agriculture sector, and to P505 from P476 for workers in the agriculture sector.


Manny Pacquiao unveils Manila Ecommerce Center and Star Digital Solutions [Technobaboy, February 23, 2025]

The Manila Ecommerce Center is a state-of-the-art 16-story business hub, designed to fuel the growth of online businesses in the Philippines. It is located in Manila and offers a prime location for businesses to access top talents and key government institutions.

 

SM Group’s Asia Pacific College soon to be a university [Philippine Daily Inquirer, February 23, 2025]

APC, founded by SM Foundation Inc. and IBM Philippines as a nonstock, nonprofit institution in Makati, is now setting its sights on the next big thing for higher education institutions: a university status.

 

DOJ commends prosecutors for probing money laundering as PH exits ‘grey list’ [GMA News Online, February 23, 2025]

The Philippines was included in the FATF grey list in June 2021. This meant the country was under strict monitoring due to money laundering and terrorism financing incidents. When the FATF places a nation under “grey list” or increased monitoring, it means that a country committed to resolve the identified strategic deficiencies within agreed timeframes.


CLI’s new JV firm gets SEC clearance [The Philippine Star, February 23, 2025]

CLI said the SEC has approved the registration of CLI MAC Developers Inc., a joint venture between the company and Martinez Agricultural Corp. (MAC), a firm that also has interests in realty.

 

Auto shop says it’s not importing, storing POGO bosses’ luxury cars [GMA News Online, February 22, 2025]

“Auto Vault is not engaged in the importation or sale of motor vehicles…. Auto Vault is engaged in providing quality car service detailing and maintenance,” said the shop’s legal counsel, Julius Otsuka.

 

Pre-CREATE firms to enjoy longer sunset provision [Philippine Daily Inquirer, February 21, 2025]

According to the IRR –– which was made public this week –– projects or activities that were already entitled to income tax holiday and the 5-percent gross income tax (GIT) even before the enactment of CREATE in 2021 can enjoy such perks until Dec. 31, 2034.

 

Supreme Court upholds Ched closure order vs Mandaue City College [Sunstar Cebu, February 21, 2025]

THE Supreme Court has upheld the Commission on Higher Education (Ched) closure order against Mandaue City College (MCC) under Dr. Paulus Mariae L. Cañete, bringing an end to the long-running legal dispute over its legitimacy.

 

Outpatient emergency cases now covered by PhilHealth [GMA News Online, February 20, 2025]

It provides comprehensive coverage for emergency services, focusing on two main components: facility-based emergency and pre-hospital emergency benefits.

 

COA mulls disallowance to LTO, German-based IT firm over unexplained P1.2B funds in internet project [The Manila Times, February 20, 2025]

The COA issued the warning after the LTO and Dermalog, a German-based information technology (IT) contractor, failed to explain discrepancies in the P1.272 billion of the P8.2 billion Road IT Infrastructure Project – Component A, also known as the Land Transportation Management System (LTMS), that were spent from 2019 to 2022.


Government finalizing P9 billion incentives program for vehicle production [The Philippine Star, February 20, 2025]

The government expects to complete a joint administrative order (JAO) for the implementation of the P9-billion incentives program for local vehicle manufacturing next month and open applications as early as April.

 

John Hay sublessees told to sue units' prior owners [The Manila Times, February 20, 2025]

STATE-OWNED Bases Conversion and Development Authority (BCDA) urged all Camp John Hay sublessees to file claims against the original owners or tenants of their units following a Supreme Court decision ordering CJH Development Corp. (CJHDevCo) to relinquish control of the 247-hectare property in Baguio City, including all newly constructed and permanent improvements, to the BCDA.

 

General Santos port up for privatization [The Philippine Star, February 20, 2025]

Santiago expects industry leaders International Container Terminal Services Inc. (ICTSI), Asian Terminals Inc. and Globalport 900 Inc. to throw their hat into the ring. He also expects the bidding to attract interest from Mindanao-based players like Kudos Trucking Corp.

 

Bora to implement new ticketing system [The Manila Times, February 20, 2025]

THE provincial government of Aklan is set to implement a unified automated ticketing system that consolidates all terminal, environmental and boat fees into a single automated transaction.

 

SC disbars lawyer for misappropriating clients’ funds [GMA News Online, February 20, 2025]

The Supreme Court has disbarred a lawyer for grave misconduct after he was found to have misappropriated his clients’ compensation money after a court ruled in their favor in an expropriation case.

 

DILG chief gives top Urdaneta execs 10 days to step down [Inquirer Plus, February 20, 2025]

The officials were suspended for 12 months in a Jan. 3 order by Executive Secretary Lucas Bersamin, after they were found administratively liable for grave misconduct and abuse of authority over the removal of the president of the Liga ng mga Barangay from the city council in 2022.

 

Marcos orders reduction of real property taxes of IPPs under BOT [Inquirer.Net, February 19, 2025]

President Ferdinand Marcos Jr. has issued an executive order reducing and condoning the real property taxes (RPTs), including interests and/or penalties, of independent power producers (IPPs) under the build-operate-transfer BOT scheme.

 

CREATE MORE IRR signed, BPOs will be ‘very happy with 50% work from home’ – Go [Philippine Daily Inquirer, February 18, 2025]

“We signed the IRR today, or rather I should say the (Department of Finance) and the (Department of Trade and Industry) signed the IRR,” Secretary Frederick Go told reporters.

2. BIR RULINGS

[RECEIPT OF CASH ADVANCE WILL NOT RESULT IN A FLOW OF WEALTH BECAUSE THE COMPANY SHALL LIKEWISE RECOGNIZE A LIBILITY] [ADVANCES ARE NOT CONSIDERED AS INCOME, IT IS THEREFORE NOT SUBJECT TO INCOME TAX OR CWT, THERE BEING NO INCOME PAYMENT TO THE EXTENT OF THE LIABILITY RECOGNITION]

E. Co. is seeking a request for confirmation that the income derived from banks and credit card companies, authorized partner merchants, and corporate clients relating to loads and reloads, which are merely held in trust and for remittance to the toll operators, are exempt from Expanded Withholding Tax (EWT). As represented, the Company is primarily engaged in providing services related to Electronic Toll Collection (ETC) systems, including the implementation of inter-operability of the toll collection system of tollways in the Philippines. It earns revenue by charging service fees to toll operators based on the Company's ETC performance concerning electronic toll collection transaction count. Moreover, the payments for loads and reloads are available to the tollway users through cash, auto-debit arrangement (ADA) through credit cards, debit cards or any other payment means. In reply, Section 2.57(B) of Revenue Regulation (RR) No. 2-98, as amended, states that taxes withheld on certain income payments are intended to equal or approximate the tax due of the payee on said income. Taxes withheld serve as advance payments toward the taxpayer’s potential tax obligation and are considered installments on the annual tax due at the end of the taxable year. Therefore, the obligation to withhold taxes arises when the remitted amounts constitute income payments, ensuring that the payee receives taxable income. Consequently, the loads and reloads relating to the income derived are not subjected to Income Tax, Withholding Tax, and Value-Added Tax (VAT), except the payment or amount of loads or reloads that were not used and refunded by the users which shall be considered as income of the Company and shall be subject to Income Tax, Withholding tax, and VAT. [BIR RULING NO. OT 024-2024, APRIL 25, 2024]


VAT LIABILITY DOES NOT REST UPON A TAXPAYER REGISTRATION

M Co., a Non-VAT registered entity, is seeking reconsideration of a portion of its earlier BIR Ruling issued in 2018, which states that property dividends distributed by the corporation, if stocks in trade or primarily held for sale or lease, will be subject to Value-Added Tax (VAT). It argued that, as a non-VAT registered entity, Section 106 (B)(2)(a) of the National Internal Revenue Code (Tax Code) of 1997, as amended, and Section 4.106-7 (a) (2) of Revenue Regulations (RR) No. 16-2005 should not apply. In reply, the BIR denied the request citing that tax exemptions must be provided by law, and the burden of proof lies with the claimant. Even if not VAT-registered, a person may still be liable to VAT based on his activities. VAT liability does not rest upon taxpayer’s registration [BIR RULING NO. OT-023-2024, APRIL 11, 2024]


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