Who is Atty. Jayr?

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Atty. Eufemio A. Simtim, Jr. or Atty. Jayr is a licensed lawyer in the Philippines. He is a Partner at Simtim Gunay Viejo Sales Sobrejuanite Law Group, but he does only virtual consultations as he is presently out of the country. He has been in the litigation practice in most part of his legal career and has worked in the academe, in the government and in the corporate world. He also passed the PRC licensure exams for Real Estate Broker and for Real Estate Appraiser (Rank No. 5). He presently runs his Youtube Channel, @yourlawyer, providing free legal information and updates.

Wednesday, September 17, 2014

BIR REVENUE REGULATIONS NO. 4-2014

Revenue Regulations No. 4-2014 issued by the Bureau of Internal Revenue has been the talk among self-employed professionals, including lawyers. The Integrated Bar of the Philippines was able to secure a Temporary Restraining Order from the Supreme Court, effectively stopping the BIR from enforcing the revenue regulation with respect to lawyers, pending the resolution of the petition.

Below is a copy of RR No. 4-2014 I got from the BIR Website:


REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF FINANCE
BUREAU OF INTERNAL REVENUE
Quezon City
March 3, 2014

SUBJECT : REVENUE REGULATIONS NO. 4-2014
Guidelines and Policies for the Monitoring of Service fees of
Professionals
TO: All Internal Revenue Officers and Others Concerned

Section 1. Background —

In line with the Bureau of Internal Revenue’s (BIR) campaign to promote transparency and to eradicate tax evasion among self-employed professionals, the BIR has consistently enjoined them to comply with the BIR’s requirements on registration pursuant to Section 236 of the National Internal Revenue Code (NIRC) of 1997, as amended and issuance of official receipts and invoices under Sections 113 and 237 of the same Code. In order to complement these efforts, there is a pressing need to monitor the service fees charged by self-employed professionals.
Pursuant to Section 244 of the NIRC of 1997, as amended, these regulations are issued for the purpose of monitoring the fees charged by the professionals, aid the BIR personnel in conducting tax audit and boost revenue collections in such sectors.

Section 2. Policies and Guidelines —

1. Self-employed professionals shall register and pay the annual registration fee (ARF) with the RDO/LTDO having jurisdiction over them. In addition to the requirements for annual registration, all self-employed professionals shall submit an affidavit indicating the rates, manner of billings and the factors they consider in determining their service fees upon registration and every year thereafter on or before January 31.
2. Self-employedprofessionalsareobligatedtoregisterthebooksofaccountsand official appointment books of their practice of profession /occupation/calling before using the same. The official appointment books shall contain only the names of the client and the date/time of the meeting. They are likewise obligated to register their sales invoices and official receipts (VAT or non-VAT) before using them in any transactions.
3. In cases when no professional fees are charged by the professional and paid by client, a BIR registered receipt, duly acknowledged by the latter, shall be issued showing a discount of 100% as substantiation of the “pro-bono’ service.

SECTION 3. Transitory Provision. — All existing and registered self-employed professionals at the time these Regulations became effective are required to submit the required affidavit and register its official appointment books within thirty (30) days from date of effectivity of these Regulations.

SECTION 4. Penalty Clause. — Any violation of the provisions of these Regulations shall be subject to the penalties provided for in Sections 254 and 275, and other pertinent provisions of the NIRC of 1997, as amended.

SECTION 5. Repealing Clause. — Any rules and regulations or parts thereof inconsistent with the provisions of these Regulations are hereby repealed, amended, or modified accordingly.

SECTION 6. Effectivity. —The provisions of these Regulations shall take effect after fifteen (15) days following publication in any newspaper of general circulation.

(Original Signed)
CESAR V. PURISIMA
Secretary of Finance

Recommending Approval:
(Original Signed)
KIM S. JACINTO-HENARES
Commissioner of Internal Revenue

Tuesday, September 16, 2014

The Paradoxical Commandments

I have read it before and just found it again. And I want to share it with you. :)

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“The Paradoxical Commandments


People are illogical, unreasonable, and self-centered.
Love them anyway.

If you do good, people will accuse you of selfish ulterior motives.
Do good anyway.

If you are successful, you will win false friends and true enemies.
Succeed anyway.

The good you do today will be forgotten tomorrow.
Do good anyway.

Honesty and frankness make you vulnerable.
Be honest and frank anyway.

The biggest men and women with the biggest ideas can be shot down by the smallest men and women with the smallest minds.
Think big anyway.

People favor underdogs but follow only top dogs.
Fight for a few underdogs anyway.

What you spend years building may be destroyed overnight.
Build anyway.

People really need help but may attack you if you do help them.
Help people anyway.

Give the world the best you have and you'll get kicked in the teeth.
Give the world the best you have anyway.”

― Kent M. Keith, The Silent Revolution: Dynamic Leadership in the Student Council

MCLE Schedule (IBP So. Cot.)

Mandatory Continuing Legal Educiation (MCLE) Schedule
FB Hotel, Koronadal City, South Cotabato

Sept. 18

7;00-7:30 registration, opening ceremonies
8;00-10:00 updates on taxation
10:00-12:00 updates in commercial law
1:00-3:00 legal ethics
3:00-5:00 international law

Sept. 19

8:00-10:00 forensics
10:00-12:00 cybercrime
1:00-3:00 developing techniques in legal writing
3:00-5:00 art of cross-examination

Speakers:

Atty. Nelson Aspe
Atty. Cecilio Duka
SI Joey Narciso
Justice Zenaida Elepano

[Repost from Atty. Elnathan Emilio, IBP Chapter President]

NOTE:

If you are using a mobile device, please click "View web version" to find the Contact Form and the link to request for a Virtual Meeting.