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Misdeclaration of Tax Exemptions and Non-Recognition of Withholding Taxes

National Housing Authority · 2023

Severity: HighRecommendation: Unknown

This summary was generated automatically from the source document and may contain errors. It is not an official interpretation and should not be relied upon as legal guidance. Review the original excerpt and source document to verify before citing or acting on it.

What Happened?

Category: Tax ComplianceIssue: Non-compliance

The agency incorrectly claimed all its income as tax-exempt, ignoring commercial income and withholding taxes, which may result in tax assessments and penalties.

Why It Matters

Recommended Actions

  • Review and update the certificate of registration of NHA, declaring all the sources of income to ascertain correct tax obligations
  • Use the correct income tax return and appropriately report all sources of income as taxable or tax-exempt, Obtain certificate of tax exemption from the BIR if NHA wants to be fully exempted from tax and to address any uncertainties regarding the treatment of withheld taxes
  • Recompute and adjust the relevant accounts for Fines and penalties - Business income (Delinquency interest), Receivables, and Withholding Tax at Source to reflect the corrected balance
  • And Ensure recognition and recording of all creditable withholding taxes and apply them as tax credits against the computed income tax liability/tax due of the NHA for the taxable year.

Original Audit Finding Excerpt

"The income tax return used by NHA for annual filing declared all its revenue as exempt from tax despite having sources of income from commercial activities and the non-recognition of creditable withholding taxes, contrary to the relevant provisions of RA No. 8424, as amended by RA No. 10963, RA No. 11534, RA No. 7279, and Revenue Regulations No. 11-97, may enables the Bureau of Internal Revenue (BIR) to assess NHA for potential tax obligations, penalties, and surcharges."

Source Document

03-NHA2023_Executive_Summary.doc

2023 AAR · 15 files