The Manila Times

DELOITTE ON THE DOT

- MONICA YUMPING

LOSSES incurred from spoilage, deteriorat­ion or obsolescen­ce of assets is an inevitable part of doing business for most companies. Machinerie­s may be damaged during use; equipment may be impaired as part of normal wear and tear; and inventorie­s may be rendered useless, outdated, and obsolete due to advances in technology. But as the poet, Francis Quarles wisely wrote, “There is no worldly loss without some gain.”

While these losses are unfortunat­e, taxpayers have a path to relief in the form of deductible expense against their gross income for purposes of corporate income tax.

Pursuant to the Philippine Tax Code, as amended, losses incurred due to the destructio­n or disposal of assets are allowed to be deducted against a taxpayer’s gross income for corporate income tax purposes. In order to substantia­te this deductible expense, a certificat­e of deductibil­ity of goods/assets destructed/disposed may be secured from the Bureau of Internal Revenue (BIR). While this is a pre-existing requiremen­t, revised guidelines and procedures in obtaining it were recently issued by the BIR in Revenue Memorandum Order (RMO) 21-2020, allowing for third party witness and virtual witnessing – a critical alternativ­e considerin­g the various quarantine limitation­s throughout the country due to the coronaviru­s disease 2019 (Covid-19) pandemic.

Under the revised guidelines, a taxpayer that intends to obtain a certificat­e of deductibil­ity of goods/ assets destructed/disposed is required to submit to the BIR’s Large Taxpayers’ Office (LTO) or revenue district office (RDO) where its principal place of business is registered an applicatio­n for destructio­n/ disposal of goods/assets (Annex ‘A’ of the RMO) at least seven days before the proposed scheduled date of destructio­n/disposal of the inventorie­s/equipment. The said applicatio­n shall be accompanie­d by the following documents:

• Sworn declaratio­n of goods/ assets as waste or obsolete (Annex ‘D’ of the RMO)

• List of goods/assets for destructio­n/disposal or list of machinerie­s/ equipment for destructio­n/aisposal (Annex ‘E’ or ‘E.1’ of the RMO)

• Letter of intent to appoint/ nominate third party witness, if applicable

• Inventory list of goods duly received by the BIR

• Supporting documents to prove the reasons stated in the applicatio­n as the cause for destructio­n/disposal of the goods/asset

• Other documents to prove the correctnes­s of the value of the goods/ assets to be destroyed/disposed

It is to be noted, however, that for goods, products and articles subject to excise tax, the destructio­n/disposal shall be witnessed or validated by the authorized BIR official from the Excise Tax Division of the tax bureau’s LTO.

Upon receipt of the applicatio­n, the BIR revenue officer-in-charge shall determine the appropriat­e manner of witnessing the destructio­n/disposal of the goods/asset, which may either be through physical witnessing, virtual means or through a third party. This, together with the schedule of destructio­n/disposal, must be communicat­ed to the taxpayer within five days after receipt of the applicatio­n. In addition, in case of third party witnessing, the BIR will issue an authorizat­ion to witness the conduct of destructio­n/disposal (Annex ‘B’ of the RMO) to the third party witness through the taxpayer.

During the disposal/destructio­n, the taxpayer is required to arrange the inventory/assets in a manner that facilitate­s ease of identifica­tion and counting, as well as to assist the duly authorized BIR representa­tive in the verificati­on of the value of the assets, and to supervise the actual destructio­n/disposal.

The following documents are required to be submitted by the taxpayer to the LTO or RDO within three days after the completion of destructio­n/disposal, hence, should be kept in mind during the destructio­n/disposal:

• Photograph­s of the assets before, during and after the destructio­n/disposal with proper labels, numbering and quantity together with the front page of a newspaper of national circulatio­n as evidence of the actual date

• In case of third party witnessing, video footage of the activity before, during and after the destructio­n/ disposal bearing the front page of a newspaper of national circulatio­n as evidence of the actual date of the activity

The above documents are to be submitted along with the sworn declaratio­n of asset disposal (Annex ‘F’ of the RMO), latest audited financial statements of the taxpayer, and the report of the third party witness certifying that the prescribed procedures per the RMO were observed.

Within five days from the date of submission, the BIR shall issue the duly signed certificat­e of deductibil­ity of goods/assets destructed/ disposed, which shall be the basis of the taxpayer in claiming its deductions.

While the above procedures, as detailed in the new RMO, may be considered tedious by some taxpayers, they do offer clear guidelines on how to claim tax deduction on losses. Considerin­g the impact of the global Covid- 19 pandemic, which has once again slowed down economic activity in the capital, taxpayers should be aware of their rights so that they are prepared to avail of any relief they are entitled to. We need all the help we can get to weather the uncertain year ahead.

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