BI R F O O Ls DAY

A participant of How to effectively handle BIR-Letter of Authority, First and second and Final Notice asked ETM if the term ten (10) days from receipt hereof means either 10 working days or 10 calendar days.
ETM replied that in legal language 10 days always refers to 10 calendar days which include the Saturday, Sunday and Holiday in its computation. Whilst 10 working days is the opposite which means in its computation, the Saturday, Sunday and Holiday are excluded. Thus, the 10-day period has exactly have 10 days but the 10 working day period has more than 10 days. Understanding this, he became so angry for the BIR who served the Second and Final Notice betrayed and deprived him to reply within the 10 days from his receipt thereof. ETM learned from him that BIR-corruption present itself in different forms and ways. In his case when he asked the BIR ofcial about the true and correct number of days included in the term 10 days, the latter stated that it is to be dened as a 10-working day period. Being so busy and having so many top priorities, he prepared the reply on the 11th day and planned to submit it on the 12th day from receipt of the BIR demand letter, However, to his amazement, in the afternoon of the 11th day, he received a Subpoena Duces Tecum for he failed to comply with the same BIR ofcials requests and demands. So furious and no one, even his trusted consultants, has an honest solution, he succumbed to the illegal advance of the said BIR ofcial. ETM explained that the verbal advise does not tally with the actual action of the stated BIR because if this BIR really means that the 10 days is 10 working days, he would not serve the SDT on the 11th day because the right and privilege of the taxpayer to reply, as granted by law, would be deliberately violated. Disregarding the taxpayers right, according to the BIR, has a penalty of six months suspension which all BIR ofcials know. ETM advised that whenever a BIR letter or notice is being served to him, a taxpayer must do the ensuing, viz; 1. ask the serving authority to sign on the back page of the document being served, 2. ask him to wait, 3. prepare an acknowledgement receipt stating the time and date of receipt, the name of the serving authority, and the moment to make and submit his reply, 4. ask the serving authority to receive the acknowledgement receipt. The purpose of this simple policy is to avoid the BIR to do a premature action and place the said taxpayer in a more and deep tax trouble. NOTICE: ETM is gathering oppressed, vexed, humiliated and harassed taxpayers to join Emelino T Maestros Taxpayer Crisis Management Association in which purpose is have one voice and one action against too much BIR regulations that complicate taxcompliance and too many corrupt revenue ofcers. Let us unite and be of help to our fellow-taxpayers. For details, please call ETM Thank you.
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