Court issues TRO vs new BIR regulation

ANGELES CITY – The Regional Trial Court (RTC) here has issued a 20-day temporary restraining order (TRO) against the implementation of a Bureau of Internal Revenue (BIR) regulation.
The subject of the said regulation is on the tax administration treatment of petroleum and petroleum products imported into the Philippines, including those coming in through Freeport zones and economic zones and registration of all storage tanks, facilities, depots and terminals.
Branch 58 Presiding Judge Philbert Iturralde issued the TRO after finding merit in the petition for prohibition/injunction filed by 1st District Representative Carmelo Lazatin against Finance Secretary Cesar Purisima and BIR Commissioner Kim Jacinto-Henares.
“Respondents (Purisima and Henares) and any of its representatives and/or instrumentalities are hereby enjoined and directed to cease and desist from implementing/enforcing the assailed Revenue Regulation No. 2-2012 for 20 days,” Iturralde said in his decision dated March 16, 2012.
Iturralde also set the hearing for a writ of preliminary injunction on March 21, 2012 for presentation of petitioner’s evidence and on March 29 for respondents’ evidence.
Lazatin has asked the court to resolve the issue involving Revenue Regulation No. 2-2012, which the lawmaker believes contradicts Republic Act 7277, the law that created Subic and Clark Freeport Zones.
Earlier, Lazatin and Tarlac 3rd District Representative Jeci Lapus in a House Resolution have asked the House Committee on Ways and Means to scrutinize the new rules issued by the BIR.
“If Revenue Regulations 2-2012 would not be shelved, it is like authorizing the Bureau of Internal Revenue (BIR) to introduce amendments to Republic Act 7227, which is a clear violation of the 1987 Constitution,” Lazatin said.
The BIR issued the new regulation to combat alleged rampant oil smuggling and ensure that proper taxes are correctly collected from petroleum and other oil products imported into the Philippines, including those coming through Freeport Zones and Economic Zones.
The resolution pointed out that the latest regulation runs contrary to several provisions of RA 7227, especially Section 12 which states that: “the Subic Special Economic Zone shall be operated and managed as a separate customs territory ensuring free flow or movement of goods and capital within, into and exported out of the Subic Special Economic Zone, as well as provide incentives such as tax and duty-free importations of raw materials, capital and equipment”.
“Whereas, if Revenue Regulations 2-2012 is upheld, it will be a dangerous predecent as the BIR can impose taxes on other and all importations by Freeport and Economic Locators,” the resolution stated.
Aside from the collection of oil taxes and duties, Revenue Regulations No. 2-2012 mandates oil companies to apply for tax refunds once they show proof that the imported oil was consumed within the ecozone or exported.
The new regulation also requires oil firms to register all their oil storage facilities within Freeports and economic zones.
RA 7227 provides that in lieu of all taxes, a five percent tax on gross income shall be paid by all registered business enterprises within the Freeport Zone.
The law also states that if an importer is located inside the Freeport Zone, such importation shall not be subject to value-added tax and excise tax. In addition, if the same importer sells such petroleum products within the Freeport Zone, no tax shall be due.
http://www.sunstar.com.ph/pampanga/local-news/2012/03/21/court-issues-tro-vs-new-bir-regulation-212320

Highly recommended beach resort in North Luzon for company outings and family retreats is most frequently visited hotel in Clark Pampanga because of beautiful view and good outdoor facilities for swimming, picnic and barbecue.

Families traveling out of town go to the north to get away from Manila to unwind, relax and swim with friends and children. Highly recommended holiday spot and vacation destination this summer in the north is Clearwater Beach Resort in Clark. Clark is adjacent to Pampanga’s Angeles City which is just 70 minutes from Manila and 25 minutes from Subic. Many visitors also come to Clark to play golf in one of the best golf courses in Pampanga. Pampanga is home to some of the finest golf courses outside of Manila.

New camping sites and picnic grounds in Philippines are now added to Clark for family outings in outside Manila. The best campsites are located at Yats Clearwater Resort & Country Club in Pampanga Angeles City Clark Philippines. Just bring camping equipment and enjoy the fun and ambience of outdoor living camping in Clark under safe, secured and clean conditions. Outdoor activities include swimming and water sports, boating and paddling a kayak, lawn tennis, golf, shooting range and all sorts of leisure activities including colonial games like croquet and horseshoe.

Clearwater Resort & Country Club offers several styles of accommodation from US$65 up inclusive of breakfast for two at the beautiful Breakfast Garden Restaurant overlooking the large Clearwater lake and beach. This is a good rendition of the lifestyle that the Americans left behind after they left the Clark Airbase. A good short description of this lifestyle is suburban laid-back slow-paced clean living, very suitable for tourists and guests looking for a way to unwind from the stress of living in Manila.

In a city like Manila, most residents rely on visits to spa and beauty parlor to unwind and relax. But with a short getaway to Angeles City Clark Pampanga one can de-stress by enjoying beautiful outdoor amenities of this beach resort, savoring what nature can offer.

For reservations, comments and inquiries,

Clearwater Resort & Country Club
Creekside Road corner of Centennial Road,
Central Business District, Clark Freeport Zone,
Pampanga, Philippines 2023

Tel: (045)599-5949 0917-520-4403 0922-870-5177

Manila Sales Office
3003C East Tower, Phil Stock Exchange Center,
Exchange Rd Ortigas Metro Manila, Philippines 1605
(632) 637-5019 0917-520-4393 Rea or Chay

http://www.ClearwaterPhilippines.com

Email: Inquiry@ClearwaterPhilippines.com

Getting to this hotel in Clark Philippines
After entering Clark Freeport from Subic, Manila, Dau and Angeles City, proceed straight along Clark’s main highway MA Roxas, passing Clark’s largest wine shop called Clark Wine Center on your right, continue to bear right making no turns at all, go past Mimosa Leisure Estate on the opposite side of the road, you will hit a major intersection. Go straight and the road becomes Creekside Road. YATS Clearwater Resort and Country Club is on your right just 200m down. Traffic in Clark Philippines is light so it should be quite easy for get to this hotel in Clark Philippines.

For inquiries and bookings, click here to contact Clearwater Resort now

Wedding couples looking for wedding reception venues and beach wedding venues can log on to this Philippines Wedding Venue web site for free information and assistance:

http://www.PhilippinesWeddingVenue.com

While in Clark, it might be a good idea to enjoy an evening of wine-and-dine in the fine dining Yats Restaurant and Wine Bar that features an award winning 2700-line wine list. It is located in Mimosa Leisure Estate of Clark Freeport Zone. For more information, visit http://www.YatsRestaurant.com

YATS Leisure Philippines is a developer and operator of clubs, resorts and high-class restaurants and wine shops in Clark Angeles Philippines http://www.YatsLeisure.com

While in Clark, one might as well add to the itinerary a visit to the famous Clark Wine Center, the largest wine shop in Philippines which offers over 2000 selections of fine vintage wine from all wine regions, vintages spanning over 50 years covering all price ranges.
http://www.ClarkWineCenter.com

Looking for famous tourists spots, places to visit and see, relax and unwind in Clark, Pampanga, Philippines? You may want to check out these sites also:

http://www.LondonPubClark.com

http://www.HotelClarkPhilippines.com

http://www.ClarkPhilippines.com

http://www.YatsWineCellars.com

For jobs and business investment opportunities in the Philippines please visit http://www.yilp.com