TAXATION

Acquittal Does Not Extinguish Tax Liability: Supreme Court Reaffirms Independence of Criminal and Civil Tax Enforcement

In a recent ruling in People v. E&D Parts Supply, Inc. and Margaret L. Uy, GR No. 259284, January 24, 2024 (published on January 24, 2025), a Supreme Court decision reiterating long-standing doctrine on the effect of acquittal in tax cases), the Supreme Court reaffirmed a fundamental rule in Philippine tax law: the acquittal of an accused …

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Supreme Court Clarifies VAT Zero-Rating Under the CREATE Act: Domestic Market Enterprises Are Entitled to Incentives

In a landmark decision in The Subic Bay Freeport Chamber of Commerce, Inc. and Benjamin E. Antonio III v. Department of Finance, et al. (G.R. No. 266016, 4 February 2025), the Supreme Court struck down portions of the CREATE Act’s implementing rules and revenue issuances that attempted to limit VAT zero-rating exclusively to export enterprises. The Court …

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Understanding the Capital Markets Efficiency Promotion Act (CMEPA): An Overview of Investment Tax Reforms and Vetoed Items

CMEPA at a Glance Area Before CMEPA After CMEPA Stock Transaction Tax (STT) 0.6% on sale of listed shares 0.1% flat rate on sale of listed shares Capital Gains Tax 15% on unlisted domestic shares only; foreign shares taxed up to 35% 15% flat rate on both unlisted domestic and foreign shares Interest Income Subject …

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Philippines Taxes Offshore Services: What your Business Needs to Know!

On 10 January 2024, the Bureau of Internal Revenue (“BIR”) issued Revenue Memorandum Circular (“RMC”) No. 5-2024 which clarifies the tax treatment of cross-border services based on the case of Aces Philippines Cellular Satellite Corp. v. Commissioner of Internal Revenue, G.R. No. 22668, 30 August 2022. Aces Philippines Cellular Satellite Corporation (“Aces Philippines”) and Aces International …

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Supreme Court Affirms: Foreign Currency Deposits Exempt from Estate Tax

Tax exemptions, being in derogation of the State’s inherent power to tax, are strictly construed against the taxpayer. Thus, when one is upheld, it is not merely a legal triumph — it is a cause for celebration. In G.R. No. 262092 (October 9, 2024), the Supreme Court ruled that a foreign currency deposit — specifically an HSBC …

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