Daily Tribune (Philippines)

SC sides with BIR over SMC tax row

The SC ruled that the applicatio­n of a law that was only promulgate­d on 2011 is not prejudicia­l to SMC, as the same was merely an interpreta­tion of the NIRC

- PhotograPh courtesy of healthway

The Supreme Court ruled against the tax refund claim of San Miguel Corp. worth P30.42 million.

In a decision on 12 April 2023, SC ruled that SMC is not entitled to a refund of its documentar­y stamp tax on inter-company advances that was made on 2009, based on section 179 of the National Internal Revenue Code, or NIRC.

The SC ruled that the applicatio­n of a law that was only promulgate­d on 2011 is not prejudicia­l to SMC, as the same was merely an interpreta­tion of the NIRC, which has been in effect since 23 December 1993.

“All applicatio­ns for tax refund should comply with both substantiv­e and formal requiremen­ts. This includes the legal basis for the refund and the documentar­y requiremen­ts to show such basis,” Lumagui stated.

CTA reversed

The Court of Tax Appeals had earlier granted a portion of SMC’s tax refund claim pertaining to its interest rate amounting P15.9 million as the latter was found acting in good faith when it relied on previous BIR issuances which stated that intercompa­ny loans and advances covered by inter-office memoranda are not subject to DST.

However, it was later on reversed by the High Court stating that: “Good faith cannot be invoked by SMC on the basis of previous BIR issuances since the same were not issued in its favor. Since SMC failed to obtain a favorable ruling from the BIR declaring that their advances to related parties were not subject to DST, it cannot belatedly claim good faith under a BIR Ruling issued to a different entity.”

Thus, SMC is not entitled to a refund.

 ?? ?? United vs cancer Publicis groupe Philippine­s has signed a memorandum of associatio­n with ayala healthcare holdings Inc and the People Management associatio­n of the Philippine­s establishi­ng the companies as the founding partners to drive the global ‘Working with Cancer’ initiative. The deal was sealed among (from left) Jaime Ysmael, president and CEO, Healthway Medical Metwork; Paolo Maximo Borromeo, president and CEO AC Health; Joanne Abrihan-Ty, chief finance officer, Publicis Groupe Philippine­s; David Drilon, chief digital officer, Publicis Groupe Philippine­s; Ma. Elizabeth Nasol, president, People Management Associatio­n of the Philippine­s; and Rene Gener, executive director, PMAP.
United vs cancer Publicis groupe Philippine­s has signed a memorandum of associatio­n with ayala healthcare holdings Inc and the People Management associatio­n of the Philippine­s establishi­ng the companies as the founding partners to drive the global ‘Working with Cancer’ initiative. The deal was sealed among (from left) Jaime Ysmael, president and CEO, Healthway Medical Metwork; Paolo Maximo Borromeo, president and CEO AC Health; Joanne Abrihan-Ty, chief finance officer, Publicis Groupe Philippine­s; David Drilon, chief digital officer, Publicis Groupe Philippine­s; Ma. Elizabeth Nasol, president, People Management Associatio­n of the Philippine­s; and Rene Gener, executive director, PMAP.

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