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    Clients or Patients, of Course Sa Doctors, Bottomline If Tan Awn Nimo, If You Are in The Underground

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    Anonymous ZXUO1k3s
    This document discusses requirements for valid tax assessments by the Bureau of Internal Revenue (BIR) in the Philippines. It notes that [1] taxpayers must be informed in writing of the law and facts used for the assessment to avoid "naked assessments" and [2] assessments must contain both the tax liability and a demand for payment. It provides an example of a naked assessment based only on discrepancies in a relief system without verifying with third parties or taxpayers. Assessments that do not meet these basic requirements risk being nullified.

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    Clients or Patients, of Course Sa Doctors, Bottomline If Tan Awn Nimo, If You Are in The Underground

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    Anonymous ZXUO1k3s
    35 views2 pages
    This document discusses requirements for valid tax assessments by the Bureau of Internal Revenue (BIR) in the Philippines. It notes that [1] taxpayers must be informed in writing of the law and facts used for the assessment to avoid "naked assessments" and [2] assessments must contain both the tax liability and a demand for payment. It provides an example of a naked assessment based only on discrepancies in a relief system without verifying with third parties or taxpayers. Assessments that do not meet these basic requirements risk being nullified.

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    This document discusses requirements for valid tax assessments by the Bureau of Internal Revenue (BIR) in the Philippines. It notes that [1] taxpayers must be informed in writing of the law and facts used for the assessment to avoid "naked assessments" and [2] assessments must contain both the tax liability and a demand for payment. It provides an example of a naked assessment based only on discrepancies in a relief system without verifying with third parties or taxpayers. Assessments that do not meet these basic requirements risk being nullified.

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    © All Rights Reserved
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    Download as docx, pdf, or txt
    35 views2 pages

    Clients or Patients, of Course Sa Doctors, Bottomline If Tan Awn Nimo, If You Are in The Underground

    Uploaded by

    Anonymous ZXUO1k3s
    This document discusses requirements for valid tax assessments by the Bureau of Internal Revenue (BIR) in the Philippines. It notes that [1] taxpayers must be informed in writing of the law and facts used for the assessment to avoid "naked assessments" and [2] assessments must contain both the tax liability and a demand for payment. It provides an example of a naked assessment based only on discrepancies in a relief system without verifying with third parties or taxpayers. Assessments that do not meet these basic requirements risk being nullified.

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    © All Rights Reserved
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    of 2

    MY RECORDING 4

    This evidence obtainable-- it can be based on news, reports, filing versus your lifestyle (just like what
    happened to Napoles, unsa man ang ni-reinforce sa case 1:12: 37 against her? The Lifestyle. Ang anak
    asa ga eskwela? Unsa ang lifestyle? Unya mao ra ni ang income nga gi-report?) In that case, the BIR
    can basically ask you to present your proof of your source of income, and once you present your
    proof, where is your tax 1:12:58. Of course asses the proper tax, the computation, conduct of
    invertory takin,g surveillance to prescribe 1:13:10 gross sales or receipts. 1:13:12 usually involves
    inventory taking of the goods kept by the company, the inventory of the company. And issue jeopardy
    assessment

    Examination of returns and determination of tax due based on these evidence obtainable-- so of
    course tax returns ni (General Rule: It is a confidential document. However, these are the exemption
    where you tax return is not necessarily confidential: if there is a written order coming from the
    president of the Philippines. The President basically has the power to check who among his
    subordinate are corrupt through the so-called lifestyle checks.) in aid of legislation by congressional
    oversight committee 1:14:42-1:14:50

    Inspection is authorized under finance regulation 33. This is an old regulation by the way,this just
    provides that even an officer of BIR cannot disclose whatever is the content of the tax return. They
    are covered with the confidentiality rule. Except if they are being authorized by the comissioner to
    disclose the content of the tax return 1:14:40-1:14:44.

    if there is a request for an exchange of inofrmation by foreign tax authority or known as the 1:15:48.
    There are requirements here that it must come from a foreign tax authority, and the foreign tax
    authority must identify the name, address, the detail of that foreign national and murag some sort of
    gi exhaust na nila ang action sa teritory nila and they can’t find anything so they are asking for help
    from the BIR especially when that 1:16:23 is here doing business perhaps in the philippines

    Upon consent or authority of the taxpayer. That’s when the tax return may be checked by the BIR.
    Other than examination of returns, submitted mismo by the tax payer, BIR can obtain documents
    from other government offices and agencies, the other party, corporations or employers, clients or
    patients. Apil gyud ang patients kay usa sa gibantayan ni BIR ang doctors, tenants, lessees, 1:17:05-06,
    and other sources.

    When you say corporations and employers, this pertains more on the compensation of the tax payer.
    If you are an owner of a business and you have a bookkeeper nga imoha ra diha gi daug-daog… BIR
    can act on an anonymous letter…. If the BIR can collect from that employer of yours, pursuant to the
    information that you have provided, naa ka’y commission

    Clients or patients, of course sa doctors, bottomline if tan awn nimo, if you are in the underground
    economy you remain lowkey. It’s really a challenge to the part of the BIR to asses you properly. But
    once you become big, once the client claims their payments to you as their expense, that’s the time
    makulbaan naka if you still don’t issue OR. Why? There is already a black and white evidence on the
    other side nga pwede magamit against you
    Tenants, lessees… other sources,

    May returns, statements, or declarations filed with the BIR be withdrawn? Yes.

    In the general rule, it’s a no. It really depends on where you are going to look, sa side ni BIR or sa side
    ni taxpayer. Sa side ni BIR, as a rule, NO. Except if it is done within three years from filing the returns
    and there is no notice of audit or investigation of such returns being served to the tax payer. Why
    three years? Because the BIR basically have three years to assess you

    MY RECORDING 5

    The assessment that we are refering here class, is a BIR initiated assessment. The other assesment is
    the 0:12-0:20. Asa ang rules of assessment, as well as ang procedural rules of assessment mo apply? It
    applies to the BIR illustrated assessment.

    Moving forward, when we say assess, we are not refering to self-assessment

    What are the requisites for a valid assessment

    1. The taxpayer must be informed in writing of the law and the facts in which assessment is made

    - This is very important because if the tax payer is not informed of the law and the facts, that’s what
    we call as “naked” assessment. When we say naked assessment, the supreme court is quite strict on it
    and the supreme court usually 1:11 that naked assessment.

    Sir unsa’y example of naked assessment? If that assessment is based lang on the system of the BIR,
    like ang gi claim nga income ni seller ug ang gi claim nga purchases ni buyer, mo reflect man na sa
    system nila (they call it usually the relief system), if inig bangga ana nila and there is deficiency, mas
    dako ang purchases ni buyer kaysa sa sales nga gi declare ni seller---usually leads to deficiency in
    income tax. Kung kana lang ang basehan sa assessment ni BIR, that is what you call the naked
    assessment. According to the supreme court, if the BIR notices that there is a discrepancy of the
    reports based on their system, the BIR must verify it with thr third party or with the tax payer. And
    based on that verification, that’s where the assessment will come in

    2. An assessment must not contain only the tax liability, there must also the demand… (icopy paste
    nalang ni babe haaaa hahaha)

    - these are the very basic requisites nga kung dili ma-meet, it could mean nullification of the
    assessment. The BIR calls it the FLD-FAN (Formal Letter Demand- Final Assessment N??? )

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