This is from a blog site - cooperatives-society.blogspot.com
Thursday, December 2, 2010
IT'S ON WITH THE BIR TAX AUDIT OF BIG COOPERATIVES; BUT DOES CDA AUTHORIZATION COME BEFORE OR AFTER BIR'S SERVICE OF ITS LETTER OF AUTHORIZATION ?
I wrote then, and I quote: "..We have it on good authority that the big cooperatives are lined up for tax audit by the Bureau of Internal Revenue, after the closing of the cooperatives' 2010 fiscal year.."
I was wrong on the timing of the audit. BIR was not to wait till the next year (2011) for the tax audits. But I was dead on target that the audits are forthcoming. In fact, as early as during the third week of last month (November), one big credit cooperative in Central Luzon was served the BIR Letter of Authority, which was dated on the second week of November.
Moreover, I was right in saying that the reason for the tax audits is because many of the millionaire cooperatives (comprising 1% of total cooperatives registered) have exceeded the P10-million ceiling on accumulated reserves, hence, they are liable for taxes on their transactions with non-members.
The LoA reads this: "..SIR/MADAM/GENTLEMEN: The bearer(s) hereof, Revenue Officers,..........(names of BIR employees), of Revenue District No. __ of _______ Branch is/are authorized to examine you books of accounts and other accounting records for ALL INTERNAL REVNUE TAXES for the period January 1, 2009 to December 31, 2009 pursuant to REGULAR AUDIT PROGRAM FOR 2010. The Revenue Officer(s) identified herein are provided with the necessary identification card(s) which shall be presented to you upon request.
It is requested that all required documents, books and records be provided to the Revenue Officers in order to expedite the examination.
You will be duly informed of the results of the examination upon approval of the report submitted by the aforementioned Revenue Officer(s).
Very truly yours,
______________________
Revenue Director __________ .."
If your cooperative was one of those served the LoA, it is well for you to brush up on what to do.
Visit the BIR's website and browse on "Taxpayer's Rights." This section contains "General Audit Procedures and Documentation."
It is said there that the Tax Audit process begins with the issuance of Letter of Authority (LoA) and the serving of the same to the taxpayer who had been selected for audit. The LoA is an official document that empowers a Revenue Officer to examine and scrutinize a Taxpayer's book of accounts and other accounting records, in order to determine the Taxpayer's correct internal revenue liabilities.
The LoA should be served to the taxpayer within 30 days from the date of its issuance. And the Revenue Officer is allowed only one hundred and twenty days from the date of receipt of the LoA by the taxpayer to conduct the audit and submit the required report.
It is also well to note the provisions of Republic Act 9520's Article 61. Tax and Other
Exemptions (3) and which we quote, as follows:
" xxx provided further; That nothing in this article shall preclude the examination of the books of accounts or other accounting records of the cooperative by duly authorized internal revenue officers for internal revenue tax purposes only, after previous authorization by the Authority (CDA)."
The question now is: When does the BIR serve the LoA to the cooperative to be audited? Does the BIR also present along with the LoA, a copy of the CDA authorization for the Revenue Officers to conduct the examination of the cooperative's books of accounts?
Or when the BIR serves the LoA to the Cooperative, is it presumed that the BIR had secured and been granted a prior authorization from the CDA?
This is not clear. As far as the Region III multi-millionaire cooperative that was served the LoA (which I earlier mentioned), what was served to the cooperative was only the BIR LoA. Is it not incumbent upon BIR to also show to the Cooperative to be audited that they had secured a CDA authorization prior to their issuance of service of the LoA to the cooperative?
Or can the BIR just serve the copy of the LoA, even without prior securing an authorization from CDA, then secure the CDA authorization later, but not before the BIR Revenue Officers conducts the actual examination of the cooperative's book of accounts?
Should not the CDA clarify this, for the protection of the Cooperative? Or the cooperative is on its own, sink or swim? As they say, the devil is in the details..
So there. Till next time. (END)
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