Wednesday, March 2, 2011

Concerns on Transfer of TIN to open a business


This concern came from my other blog birtaxinfo.i.ph.  The thread was getting a bit longer and I'm having problems in posting.  It takes several attempts. And if I'm not that lucky my whole post gets lost.  This is Hazel's concern below:

Hi! i have read several questions and was amazed how you answered them!…Im so happy sa pagse search ko ei na lead ako dito. Medyo mahaba yung thread and Im not sure kung may case na kapareho ng iask ko…so better i ask ko na lang din…
We are registering our home based business (situated in Los Banos) sa RDO Calamba. The business is under my husband’s name. But his TIN is presently listed at RDO Pasig. He asked their HR officer kung pedeng itransfer yung TIN nya from RDOPasig to RDOCalamba, the answer was NO.
What are we going to do?
Thanks in advance! Godbless!
Posted by hazel at March 1, 2011, 4:29 pm




Hi Hazel, thank you also for visiting.

The BIRs policy for people who are employed and decides to put up a business and the business address is not within the RDO where his TIN is currently registered.

Then the TIN should be transferred to the RDO who has jurisdiction over the business address. This is allowed by the BIR.

The HR officer may not be aware about this thats why they would not allow it. But the BIRs policy should be followed regarding this situation. As this is the Bureaus concern and yours. You need not inform your office of your plan to put up this business as this is not really a concern they need to know.

Once registered your husband will be classified as a Mixed Income Earner. Earning compensation from employment and income from business he/she sets up.

Having said this your husband can file for transfer of his TIN using BIR Form 1905. This should be submitted with the RDO we where his TIN is currently registered and that is in Pasig RDO. (RDO - Revenue District Office of the BIR)

There are two RDOs handling Pasig. RDO 43A and RDO 43B. There is a map location for these office. Just look at the right side of this blog regarding "BIR LOCATIONAL MAPS" link.

Just click and scroll down to the map location of the said offices.

The BIR has a CITIZENs Charter which can help and guide you on your transactions with the bureau. Just click on the link.

For registration of your business. See page 6. BIR Form 1901 is the form you will be using. The said guide provides also the needed documentary attachments for your business registration with the BIR.

The Annual Registration Fee is only 500 pesos. It is important that once registered. Do request for an orientation on what taxes that you will be required to pay and file. Know also the deadlines.

The Annual Income Tax Return form for Mixed Income earners is the BIR Form 1701. You can asked BIR officers in your RDO on how you can fill out this form.

To assist you further in such matters you can call the BIR Contact Center 981-888 or email them contact_us@cctr.bir.gov.ph and the Withholding Tax Division 926-9347 & 926-9351.


8 comments:

  1. Hello again!
    Guess what? since yesterday I've been waiting for your answer as if im waiting for a package to arrive! and this is worth a wait!
    Ganitong sagot ang hinahanap ko! I am impressed on how you answered it. Direct to the point and with detailed guide!
    Ok, so our first step is to inform the HR about the Bureau's policy on an employee registering a business...and ask her to assist us with the transfer.
    And then i'll follow your instructions here. I hope everything will then run smoothly!:-)

    (Another question though, is it possible that we do separate filing for business and that of his work? could his employer still file his ITR at RDO Pasig and we file BIR Form 1701 here at RDO Calamba?...)

    I'll update you on this to help other people with the same concern as mine.
    Thank you soooooo much! Godbless!!!

    ReplyDelete
  2. Hi Hazel, you need not inform the HR regarding your plans to put up this business.

    If the concern is that they would be unable to file your tax when one's TIN is transferred is really not an issue.

    For our TIN is not like a bank account or SSS or GSIS account. Which I'm afraid a lot of people have this wrong impression. Even probably your HR. Do read this article below and hope your can help others also by informing them about this blog article:

    http://tomtax.blogspot.com/2010/10/things-you-need-know-about-your-bir-tin.html

    Even without a TIN our employers are required to withheld and remit our taxes to their home RDO.

    Even if their employees TIN is not with the Employers Home RDO. That employer is still required to remit the taxes withheld from their employees and remit it with their Home RDO.

    Again since this business is not a concern of your company. You don't need to inform your HR regarding this matter. Let alone ask them to do this transfer for you.

    You need to do this yourself. What you would need to do is ask your HR which RDO in Pasig are they under, RDO 43A or RDO 43B? So that you can write it down in your 1905 as your "Old RDO" and your new RDO would be the RDO handling your business address.

    The employer of your husband should give him the 2316 "Certificate of Compensation Payment/Tax Withheld".

    The authorize representative of his office is the one attesting this certificate not the BIR.

    This certificate of taxes withheld are pertaining to the taxes of taxable year 2010 not 2011. Just to be clear.

    This 2316 document will be given by the employer on or before the April 15th filing deadline. So with regards to your business. Since it will start within the year 2011.

    Come 2012 April 15th, your husband can consolidate his ITR using BIR Form 1701 by including the 2316 certificate which will be given by his employer.

    If you view the 1701 form in Part II in No. 40 under 40I/J "Tax Withheld per BIR Form 2316". The Tax Withheld stated in the 2316 certificate issued by the employer will go in that portion.

    Again do call the Withholding Tax Division for assistance on this. So can be better prepared.

    Or do request for orientation with your RDO regarding this matter.

    ReplyDelete
  3. Hi! Thanks again!
    This is so informative!...very helpful!, obviously i have zero knowledge when it comes to taxes and other matters that go with it.:-)
    im sure, madami ding ma enlighten thru this blog. thanks to you!
    keep up the good work! at sana wag kang magsasawa sa pangungulit namin.:-)Godbless!

    ReplyDelete
  4. hello again! i e-mailed bir but no reply...if it is not too much to ask, may i know what is the contact number of RDO 43B and contact person so I can fax the form 1905?
    Thank you so much!

    ReplyDelete
  5. hi! i just got their telefax number..just to share with those who need to know telefax of RDO43B..it's 6417670, attn: Registration. :-)

    ReplyDelete
  6. Sorry, I could not answer your comments immediately as this blog is blocked by our office.

    Thanks also for the info you provided. It will help those who have similar concerns.

    Hoprefully soon I will post an article here regarding information on fax and contact numbers of the Registration Sections of the RDO.

    ReplyDelete
  7. I also have concerns regarding filing of taxes on RDO's.
    Before I was employed, I owned a biz and my TIN was first registered to RDO40 same area where the biz located. I was only assisted when I first registered it and had no knowledge where to file taxes. Was used to file in RDO43B where I lived. By the time I was employed in ortigas area, my employer updated my TIN and was updated again this time in RDO50 makati.

    In the time I was employed in ortigas, I received a letter from RDO40 for not filing taxes from my biz. Went to RDO40 to let them know that I'm filing/paying my taxes they recompute the penalty for each tax deadline that they said I didn't filed plus they told me that my TIN isn't registered there but in 43B and I should go there to straighten my problem. So I went to 43B there they asked my biz address and told me that I should go back to 40 instead. I asked someone who has a biz what am I going to do cause I felt I was red taped. Told me that I should continue filing where I was registered - in 43B. Was reluctant to go back to RDO office because of what happened. Will this have a grave impact on my tax record having not to pay/file taxes where my business resides? Would all my previous payments not be counted? Would this lead to tax evasion? I badly need help. TIA

    ReplyDelete
  8. Hi TIA, sorry for this very late reply. I do not know if you got the assistance you needed after all this time. I'm having problems accessing my blogs because my ofc. is blocking the comments. My wordpress blog seems be ok.

    Anyway, your situation is quite confusing. You need to know where your TIN is currently registered. Whether its with RDO 40 or RDO 43B to be exact.

    I am really saddened that RDO 40 people wasn't able to assist you thoroughly on your concerns.

    If you were indeed being penalized for non filing then your TIN registration should still be with them not with the RDO 43B.

    Lets start on this step first. Then if we know for certain where your TIN is then you don't need to be passed on to any RDO but the RDO where your TIN is registered.

    Call 981-8888 the BIR contact center. Ask to know where your TIN is currently registered. Give them your name and TIN number and birthdate to be sure.

    Anyway, if you were able to find the solution you needed. Then thats good. but if not. Let me know. Good day.

    ReplyDelete

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