Seminar on Tax Reform for Acceleration and Inclusion (TRAIN) (Republic Act 10963)
January 31, 2018
Pinnacle Hotel, Davao City Keeping of books of accounts • All corporations, companies, partnerships and persons required to pay internal revenue taxes shall keep appropriate bookkeeping records. • Books of accounts with gross annual sales, earnings, receipts or output exceeding P3,000,000 (from P150,000) must be audited by a CPA.
FABIAN & ASSOCIATES, CPAs
CERTIFIED PUBLIC ACCOUNTANTS Issuance of receipts or sales/commercial invoices • Sales valued at P100.00 or more (from P25.00) shall be issued duly registered receipts and/or invoices. • Within five years from the effectivity of the Act, the following taxpayers are required to issue electronic receipts or invoices: Those engaged in the export Those engaged in E-commerce Those under Large Taxpayers Service
FABIAN & ASSOCIATES, CPAs
CERTIFIED PUBLIC ACCOUNTANTS Issuance of receipts or sales/commercial invoices • Within five years from the effectivity of the Act, the following taxpayers are required to electronically report their sales data to the BIR through the use of electronic point of sales system: Those engaged in export Those under Large Taxpayers Service • Digital records must be kept in the place of business for 3 years
FABIAN & ASSOCIATES, CPAs
CERTIFIED PUBLIC ACCOUNTANTS Interest • Interest imposed shall be double the legal interest rate for loans or forbearance of any money in the absence of express stipulation as set by BSP. • Delinquency and deficiency interest shall in no case be imposed simultaneously
FABIAN & ASSOCIATES, CPAs
CERTIFIED PUBLIC ACCOUNTANTS Penalty Provisions – Tax Evasion
Penalties: Fine of not less than Penalties: Fine of not less
P30,000 but not more than than P500,000 but not more than P10,000,000 and P100,000 and imprisonment of not imprisonment of not less than less than two years but not more 6 years but not more than 10 than four years. (Sec. 254) years.
FABIAN & ASSOCIATES, CPAs
CERTIFIED PUBLIC ACCOUNTANTS Penalty Provisions – Invoicing
Violations: Additional Violation: Printing of
fraudulent receipts and invoices 1. No ATP Penalties: 2. Multiple sets of invoices or receipts; or Fine of not less than 3. Incomplete taxpayers information P500,000 but not more than P10,000,000 and Penalties: Fine of not less than P1,000 imprisonment of not less than but not more than P50,000 and 6 years but not more than 10 imprisonment of not less than two years years. but not more than four years. FABIAN & ASSOCIATES, CPAs CERTIFIED PUBLIC ACCOUNTANTS Penalty Provisions - Esales • Failure to file esale shall be subject to the following: – 1% of annual income/day or P10,000 whichever is higher. – If the aggregate number of days exceeds 180, the penalty shall include permanent closure
FABIAN & ASSOCIATES, CPAs
CERTIFIED PUBLIC ACCOUNTANTS Penalty Provisions – Sales Suppression Device • Sale, use possession of sales suppression device: – Fine of not less than P500,000 but not more than P10M AND imprisonment of not less than 2 years but not more than 4 years. – Cumulative suppression exceeding 50m, maximum penalty
FABIAN & ASSOCIATES, CPAs
CERTIFIED PUBLIC ACCOUNTANTS Penalty Provisions – Fuel Marking Violations: Penalties: - Sale of unmarked fuel in commercial 1st offense: P2.5m quantity held for domestic use • 2nd offense: P5m - Removal of the official fuel marking • 3rd offense: P10m and agent from marked fuel revocation of license to - Adulteration or dilution of fuel intended engage in any trade or for sale to the business domestic market - Knowing possession, storage, transfer or offer for sale the items specified above