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BIR Open Cases (Business closure)

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1 BIR Open Cases (Business closure) on Wed Apr 25, 2018 2:28 pm

marz2018


Arresto Menor
Hello po, this is a big trouble that a friend of mine is having right now.

He had a business before, duly registered in DTI and BIR. After few years of operation he could not continue it anymore.

He did not file the closure of business in BIR and now he is facing a HUGE amount of penalty! Sad

The amount is so big that it is beyond his capacity multiple times....

Since there has not been any actual business in his case during these past few years, and this can be proven by barangay certification, what would be the most practical/easiest way out of this nightmare? Any chance for exoneration or mitigation?

Please, if you read this and you know something that might help, be generous and share it here. I will mention it to him and God bless you.

Thanks.

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2 Re: BIR Open Cases (Business closure) on Wed Apr 25, 2018 5:14 pm

thepoetsedge

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Reclusion Perpetua
There is a chance the penalty may be reduced into an amount that is payable in accordance with his financial status right now, but your friend has to gather all available evidences necessary that will prove his financial status. Also, he needs to provide a logical reason as to why he failed to file the business closure in BIR. At this point, you may need the help of a tax lawyer to come up with sound strategy on how to lower his payable penalty in BIR.

Good luck.

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3 Re: BIR Open Cases (Business closure) on Thu Apr 26, 2018 3:57 pm

marz2018


Arresto Menor
thepoetsedge wrote:There is a chance the penalty may be reduced into an amount that is payable in accordance with his financial status right now, but your friend has to gather all available evidences necessary that will prove his financial status. Also, he needs to provide a logical reason as to why he failed to file the business closure in BIR. At this point, you may need the help of a tax lawyer to come up with sound strategy on how to lower his payable penalty in BIR.

Good luck.

Thank you very much for your advise. I wish this will be achievable for my friend.

He can barely sustain his own and family life now. I do not think that he can even afford 10k for this!
There is one thing he is doing it right now...He said, he was told by someone that if you wait 6 years then all your open cases and penalties will be erased and you are good to go...Sounds unlikely to me, but that is what he is keeping himself hopeful with!

Any chance it could be true? my take is, he is just adding more penalties to his case.
Thank you again.

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4 Re: BIR Open Cases (Business closure) on Fri Apr 27, 2018 12:28 pm

thepoetsedge

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I do not know what is the basis of such an allegation, but as far as I know, there is no such thing. The penalties will keep on accruing when time passes, and that will be harder for him to contest and ask for the lowering of said penalty.

It is best if your friend speaks to either a tax lawyer or a BIR representative to know what are his options.

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5 Re: BIR Open Cases (Business closure) on Wed May 02, 2018 9:54 am

marz2018


Arresto Menor
thepoetsedge wrote:I do not know what is the basis of such an allegation, but as far as I know, there is no such thing. The penalties will keep on accruing when time passes, and that will be harder for him to contest and ask for the lowering of said penalty.

It is best if your friend speaks to either a tax lawyer or a BIR representative to know what are his options.

Just what I was worried about.

Thank you for your advise and God bless.

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6 Re: BIR Open Cases (Business closure) on Thu May 03, 2018 11:06 am

thepoetsedge

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No worries. I am happy to help.

Good luck, and Godspeed.

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7 Re: BIR Open Cases (Business closure) on Thu Jun 14, 2018 4:51 pm

Jhuliette


Arresto Menor
Please read BIR RMO 18, 2017, RMO 7, 2015 for your reference.

Thank you Smile

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8 Tax lawyer on Fri Jul 06, 2018 12:45 am

markilag


Arresto Menor
Where can I get a Tax lawyer. I realy need it for my closure of bisiness.

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9 Re: BIR Open Cases (Business closure) on Fri Jul 06, 2018 3:36 pm

thepoetsedge

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It depends on where you are located.

ACCRA has a large pool of known tax lawyers in the PH, although their fees are not that affordable from what I have heard.

Check your nearest local IBP chapter and ask your queries there, since they may be able to recommend a good tax lawyer for your case.

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