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LoA-1 Effective date RMO 6-2023 How taxpayers are chosen to be LoA recipients

0 Views· 11/26/23
Aryel Narvasa
Aryel Narvasa

The answer to whether a BIR (Bureau of Internal Revenue) ruling can be implemented retroactively depends on the specific circumstances and the nature of the ruling.

In general, BIR rulings apply prospectively, meaning they are effective only from the date they are issued and not retroactive to a prior period. However, there may be instances where a BIR ruling can be implemented retroactively.

For example, if a taxpayer has been following a particular method of accounting for several years and seeks a BIR ruling to change that method, the BIR may allow the change to be retroactive to the beginning of the taxpayer's tax year. This would mean that the change would affect prior tax returns and the taxpayer would need to file amended returns to reflect the change.

Similarly, if a BIR ruling clarifies an ambiguous provision of the tax code, the BIR may apply the ruling retroactively to the date when the provision was enacted, to ensure consistent application of the law.

However, the BIR generally does not apply rulings retroactively if doing so would result in undue hardship or injustice to the taxpayer. For example, if the BIR issues a ruling that imposes a new tax on a particular type of income, it would not be fair to apply the tax retroactively for prior tax years.

It is important to note that the BIR has discretion in applying its rulings and may consider the specific circumstances of each case when deciding whether to apply a ruling retroactively or prospectively.

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