Business World

The BIR’s 2017 priority programs

- 1. Broadening of the tax base without increasing tax rates. RICHARD R. IBARRA OPINION 2. Simplifica­tion of tax forms 3. Review of revenue issuances and tax rulings. 4. Integrity Management Program.

For businesses, the start of the new year means setting new goals and targets. Likewise, the Bureau of Internal Revenue (BIR) also has its own new set of plans for 2017.

This year, the BIR is tasked to collect P1.829 trillion which is equivalent to 79% of the National Government’s total projected tax revenue of P2.313 trillion. Although the target amount is lower than the last year’s collection goal which was P2.025 trillion, P1.829 trillion is still undeniably an uphill challenge.

To meet the new target, the BIR has 27 Priority Programs this 2017. These programs are anchored on three principal objectives, namely: (1) attain collection targets; ( 2) improve taxpayer services; and,(3) protect revenue and recapture public trust.

Actually, most of the programs are congruent with the continuing priorities of the BIR in its High Level Strategic Plan for 2016-2020. These include strengthen­ing the Run After Tax Evaders ( RATE) and Oplan Kandado programs; increasing awareness of the benefits brought by Exchange of Informatio­n (EOI) Program in collecting taxes on cross-border transactio­ns; and enhancing the electronic registrati­ons.

Of the BIR’s 27 Priority Programs, I picked out the particular items below which could be interestin­g.

The strategy is to cover unregister­ed taxpayers/ businesses as a result of tax compliance verificati­on drives (TCVD) and thirdparty informatio­n (e.g. from other government agencies).

No increase in tax rates is definitely a welcome news for taxpayers. Further, in the eyes of compliant taxpayers, the strategy of running after unregister­ed taxpayers is certainly better than a strategy of doing annual tax assessment­s on a registered taxpayer. It has always been the sentiment of many registered taxpayers that the apparent unceasing BIR audits against them are unfounded and have been a significan­t disruption of their business operations.

On the other hand, I would also like to caution registered taxpayers to be prudent by avoiding transactio­ns with fly-by night businesses. This involves having strict policies on supplier accreditat­ion, including asking your suppliers for BIR- registered documents when transactin­g with them.

This pertains to simplifyin­g the tax forms, including filing frequency, according to taxpayer’s business size ( large/medium/small/micro).

I believe that this has been long a battlecry of taxpayers. Our tax laws should not treat every business alike, particular­ly with respect to tax reporting requiremen­ts, as there are requiremen­ts that are applicable only to large or medium businesses, but not to small and micro businesses.

Needless to say, tax forms and the frequency of filing come with basic tax compliance. If these are simplified, it would encourage better compliance by making it easier and less costly for taxpayers.

Part of the BIR’s program is to review and recall, if warranted, revenue issuances which impose unnecessar­y burdens on taxpayers, and to review and revoke tax rulings which hinder business transactio­ns.

This strategy deserves applause from taxpayer because a number of revenue issuances require re- evaluation. One concrete example is Revenue Regulation­s No. 12- 2013 which provides that, even if a taxpayer pays for the deficiency withholdin­g taxes at the time of the BIR investigat­ion, the expenses, to which such withholdin­g taxes relate, will still be disallowed by the BIR for income tax purposes. A lot of criticism has emerged on this issuance, with a consensus forming that the rule is unreasonab­le. Taxpayers are hoping that the BIR can expedite the review of this issuance.

The intent is to install a standard but flexible approach at the Agency and Program levels in ensuring that standard norms of conduct for public officials are consistent­ly applied, through:

• Removal of corrupt and erring revenue personnel (Revenue Integrity Protection Service/Ombudsman/BIR Internal Affairs Service) and to relieve/ transfer personnel with unsatisfac­tory records of collection performanc­e; and

• Strengthen­ing the Internal Affairs Service to swift action of administra­tive cases filed against BIR personnel.

The issue of corruption and erring revenue personnel has been a perennial concern of the taxpayers. This issue has also discourage­d a lot of investors and potential investors from operating in the Philippine­s.

I believe that the above program is very basic, but it goes to the very heart of our tax assessment process. Without corruption and malfeasanc­e, taxpayers will no longer have the perception of being at the mercy of BIR examiners who come up with haphazard and unfounded tax findings during the investigat­ion process.

Other priority programs can be seen in Revenue Memorandum Circular No. 05-2017.

The BIR has always counted on its priority programs to help the agency attain its collection targets. I think that these priority programs can succeed if the BIR wins the full cooperatio­n and trust of taxpayers.

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