The Philippine Star

DOF wants Congress to ease bank secrecy law

- By MARY GRACE PADIN

The Department of Finance (DOF) is pressing Congress to ease the bank secrecy law to enable authoritie­s to properly look into individual­s suspected of fraud.

Finance Secretary Carlos Dominguez said there is a need to lift bank secrecy for tax purposes to improve the enforcemen­t of the law against crimes such as tax evasion and money laundering.

“It is absolutely necessary for proper tax administra­tion and we are determined to see this passed,” Dominguez said.

“We’re just asking Congress, please give us the tools so that our tax authoritie­s and other authoritie­s can do their job, can pursue their job properly,” he added.

According to Dominguez, the proposed lifting of the bank secrecy law, for one, would enable the Bureau of Internal Revenue (BIR) to properly investigat­e taxpayers suspected of tax evasion and improve its tax collection.

“Can you imagine? (BIR deputy Commission­er) Arnel (Guballa) here, he knows that somebody is cheating on the tax and the only way he can do it is to look at the guy’s bank account but he cannot do it. We’re not asking him to look at it, you know, for curiosity or for gossip or for something,” Dominguez said.

“If we have a good suspicion that, you know, a crime is being committed, tax evasion, money laundering, that’s when we’ll look at it. But, you know how can you expect better tax collection, if you can’t?” he added.

Dominguez said he wants to have this proposed measure passed within the 18th Congress.

Moreover, Finance Undersecre­tary Antonette Tionko said the lifting of the bank secrecy law, as well as the proposed automatic exchange of informatio­n among tax agencies, would make the Philippine­s compliant with the internatio­nal standards on transparen­cy.

“It is in compliance with our internatio­nal obligation­s,” Tionko said. “That’s why we need lifting of bank secrecy.”

According to the DOF, the Philippine­s and Lebanon are the only countries in the world that still implement stringent bank secrecy laws.

Earlier, the DOF said the agency, together with the Bangko Sentral ng Pilipinas (BSP) will push for legislator­s to ease the bank secrecy law for the effective implementa­tion of the proposed amnesty program for taxpayers with unpaid obligation­s.

Dominguez said the BSP is one with the DOF in its position that a general tax amnesty program cannot be implemente­d without lifting the bank secrecy restrictio­ns in fraud cases.

The proposed general tax amnesty program is part of Package 1B of the Duterte administra­tion’s comprehens­ive tax reform program.

In February, President Duterte signed into law Republic Act 11213 or the Tax Amnesty Act, but he vetoed the law’s sections on the general tax amnesty program due to the lack of provisions on bank secrecy and automatic exchange of informatio­n.

This left only the estate tax amnesty and tax amnesty on delinquenc­ies under the law.

Duterte said he vetoed the items as implementi­ng a general tax amnesty law without lifting the bank secrecy would only lead to revenue losses for the government and encourage tax evasion.

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