The Manila Times

To new beginnings

- Theauthori­saseniorwi­ththe Tax&CorporateS­ervicesdiv­ision of Navarro Amper & Co., the SoutheastA­siaLtd.–amember suLimited–comprising­Deloitte practices operating in Brunei, Cambodia, Guam, Indonesia, Lao PDR, Malaysia, Myanmar, Philippine­s,Singapore,Thailand

ANEW year and a new tax law for Filipinos to comply with. For those of who may be planning to start a new business venture this year, here are some reminders on registerin­g a business with the Bureau of Internal Revenue ( BIR), and how the Tax Reform Act for Accelerati­on and Inclusion (Train) law may affect it.

Registrati­on requiremen­ts

Revenue Memorandum Circular (RMC) 70-13, as amended by RMC 93-16, provides the necessary documentar­y requiremen­ts for registerin­g corporatio­ns or partnershi­ps. The requiremen­ts listed below are to be submitted upon registrati­on within 10 days from date of employment, on or before commenceme­nt of the business, before payment of any tax due, or upon declaratio­n:

Corporatio­ns or partnershi­ps

Applicatio­n for Registrati­on for Corporatio­ns/Partnershi­ps (BIR Form 1903);

Photocopy of Securities and Exchange Commission ( SEC) Registrati­on;

Articles of Incorporat­ion/ Articles of Partnershi­p;

Photocopy of Mayor’s Permit/ Duly received applicatio­n for Mayor’s Business Permit;

New sets of permanentl­y bound books of accounts;

Proof of payment of annual registrati­on fee of P500;

Applicatio­n for Authority to Print Receipts and Invoices (BIR Form 1906);

Final and clear sample of principal receipts/invoices; and

Other pertinent documents as may be required.

Branch and facility types – Nonindivid­ual

Applicatio­n for Registrati­on for Corporatio­ns/Partnershi­ps (BIR Form 1903);

Photocopy of Mayor’s Permit/ Duly received applicatio­n for Mayor’s Business Permit;

Board Resolution/ Secretary establishm­ent, if any;

New sets of permanentl­y bound books of accounts;

Proof of payment of annual registrati­on fee of P500;

Applicatio­n for Authority to Print Receipts and Invoices (BIR Form 1906); and

Final and clear sample principal receipts/invoices.

Sole proprietor­ship or self- employed individual­s

of Applicatio­n for Registrati­on for Self- Employed and Mixed Income Individual­s, Estates/ Trusts (BIR Form 1901)

an authorized government body showing the name, address, and birthdate of the applicant;

Photocopy of Mayor’s Permit/ Duly received applicatio­n for Mayor’s Business Permit;

Profession­al Tax Receipt/Occupation­al Tax Receipt issued by a Local Government Unit or a Department of Trade and

New sets of permanentl­y bound books of accounts;

Proof of payment of annual registrati­on fee of P500;

Applicatio­n for Authority to Print Receipts and Invoices (BIR Form 1906);

Final and clear sample of principal receipts/invoices; and

Other pertinent documents as may be required.

Branch and facility types - Individual

Applicatio­n for Registrati­on for Self- Employed and Mixed Income Individual­s, Estates/ Trusts (BIR Form 1901);

Photocopy of Mayor’s Permit/ Duly received applicatio­n for Mayor’s Business Permit;

Profession­al Tax Receipt/Occupation­al Tax Receipt issued if any;

New sets of permanentl­y bound books of accounts;

Proof of payment of annual registrati­on fee of P500;

Applicatio­n for Authority to Print Receipts and Invoices (BIR Form 1906); and

Final and clear sample principal receipts/invoices.

Registrati­on for VAT

Section 236(G) of the Tax Code, as amended by Train, now requires entities engaged in sale, barter, or exchange of goods, properties, or services with gross receipts exceeding P3 million – from the previous threshold of P1.9 million – to register for value-added tax (VAT). Additional­ly, entities not meeting the gross receipt threshold of P3 million may still opt to register for VAT. However, it should be noted that TRAIN now prohibits the optional VAT registrati­on of entities electing the 8% tax on gross sales under income taxation.

Issuing commercial papers

Additional­ly, Section 73 of Train amends Section 237 of the Tax Code, increasing the threshold requiremen­t in the issuance of commercial papers. Commercial papers in this case purport to and other related documents. Formerly, any entity liable to internal revenue taxes shall issue commercial papers for transactio­ns amounting to at least P25. With the passage of TRAIN, the P25 threshold has been increased to P100 per transactio­n.

Electronic sales reporting

of In conjunctio­n with the above discussion on commercial papers, TRAIN raises a new system years. Section 74 of the new law requires taxpayers engaged in export business, taxpayers engaged in e- commerce business and large taxpayers to issue electronic commercial papers, in lieu of manual commercial papers, originals of which are to be issued to customers. Similarly, the abovementi­oned taxpayers also have to electronic­ally report to the BIR their sales data by use of electronic point of sales systems.

The Train aw ushers in a slew of changes that will no doubt affect Filipinos – both incomeearn­ers and entreprene­urs. At least in terms of registrati­on, the new law exempts a greater population of taxpayers from VAT. However, with the passage of time, the provisions of TRAIN may not be so easy to comply with, especially with regard to the electronic reporting requiremen­ts. Nonetheles­s, as long as one remains compliant with the new requisites and processes of business registrati­on, there should be no need to fret.

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