Legal Services
1. Representation during tax audit / Contesting an assessment
2. Retainer services as tax and corporate consultant
3. Request for tax rulings
4. Application for tax refund / Credit
5. Tax opinion and studies
6. Tax review
8. Transfer of Ownership of Real Property (Sale, Donation and Succession)
9. Tax seminars and trainings
10. Corporate Works
Representation during tax audit / C
ontesting an assessment
We assist in handling audits by the Bureau of Internal Revenue (BIR) in a systematic, practical and efficient manner. We help evaluate the validity of assessments, determine the appropriate documents, analysis and legal bases, prepare protests, and represent the client in meetings and discussion with the government agencies. With our knowledge and experience of the tax laws and audit procedures, we help safeguard the substantive and procedural rights of taxpayers and prevent unwarranted assessments. Retainer services as tax and corporate consultant
We will become available anytime, whether by telephone or electronic mail, to render consultation and advice on various tax matters, tax issues and corporate matters affecting client companies' operations without requiring the conduct of extensive research and studies. Request for tax rulings
We facilitate requests for ruling to confirm the proper tax treatment of certain structures and transactions and Tax Treaty Relief Application. Requests for rulings are generally required in the case of tax-free exchange of assets for shares of stocks, application of preferential rates of withholding taxes on income payments to non-resident foreign corporations pursuant to tax treaties, entitlement to tax exemption under Section 30 of the Tax Code and other transactions or income that are not clearly provided in the laws and regulations. Application for tax refund / Credit
We help clients recover taxes that have been erroneously or excessively paid or withheld through applications for tax refund or credit certificate certificates (TCCs). Applications for refunds or TCCs are recommended for companies that have excess income taxes paid, unutilized creditable withholding taxes as reflected in the final income tax return (ITR), excess/unutilized VAT input taxes arising from zero-rated transactions or change in VAT status, unutilized advanced VAT, excise taxes paid on petroleum products sold to tax-exempt entities and international carriers, other national or local taxes erroneously or excessively paid, or penalties imposed without authority. Tax opinion and studies
We conduct tax studies and provide advice to clients on the tax implications of specific transactions or issues confronting the company based on relevant laws, regulations, court decisions, rulings and the first-hand experiences of our tax consultants. Tax planning
We provide expert analysis of the tax situation of clients and make available to them a variety of tax strategies that will minimize their tax risk/exposure, and result in least cost compliance with tax laws. Our services in this area include estate tax planning, and identification of the most tax efficient investment route, corporate and finance structures, and transaction schemes. Tax review
We evaluate companies' compliance with existing laws and regulations, caution them on procedures and practices which expose their firms to potential tax liabilities and penalties, and advise them on alternative tax efficient schemes. Tax due diligence review is particularly recommended for companies which are contemplating expansion, mergers and consolidation, change in ownership or public listing. Transfer of ownership of Real Property
We help client in transferring the ownership of real property such as land or house and lot through Sale, Donation and Succession (Death), coordinating with different government agencies such as the BIR, Assessor’s office of the Local Government Unit (LGU) and Registry of Deeds. Tax seminars and trainings
We organize Tax Seminars / Training on tax-related developments and special issues of interest to taxpayers. Customized training can be conducted for requesting clients. Corporate organization and restructuring
We assist in formulating and implementing the appropriate and tax efficient corporate form, investment vehicle and other arrangements whether for companies that are newly organizing or that are simply restructuring. We can help set-up and register clients' business with the regulatory agencies. We can facilitate availment of incentives under the BOI, PEZA and other incentive laws. Certain activities and change in company status also require approval of or notification of the regulatory agencies. Relevant Experience
I began my career with Punongbayan & Araullo (P&A) in the Audit & Assurance Division in 1991, where I worked with local and foreign companies from a wide range of industries. I then moved to the Tax Advisory & Compliance Division, where I handled business registrations and applications for tax refunds. In 1993, I moved to the private sector, working for an airline and shipping company as an internal auditor, and then for a bank as an audit supervisor. I also took a professorial post at the Lyceum College of the Philippines and the University of the East, where I taught accounting and taxation subjects. I held the post of Revenue Examiner at the BIR for almost 15 years, where I conducted field audit investigation of tax cases; conducted lectures on the Bureau’s new issuances; processed dockets for the payment of capital gains tax, estate tax and donor’s tax for the issuance of Certificate Authorizing Registration; and prepared reports of investigation for the Assessment Division of the Regional Office, among other responsibilities. I rejoined P&A in 2011 and as a Tax Senior Manager I had extensive experience in a broad range of tax work, including providing tax opinion and advice, contesting tax assessments (handling more than 50 Assessment cases at a time) with the Bureau of Internal Revenue (BIR), submitting claims for tax refund from the BIR, preparation of income tax returns, performing tax compliance reviews, incorporation and other registration work with the Securities and Exchange Commission and other government agencies, and similar tax work. In September, 2013, I established my own firm (Gargoles Law Office) and enhanced the quality of services in various tax and corporate works, and added estate planning, transfer of ownership of properties through sale, donation and succession to the repertoire of my services. I am also a Resource Speaker in various events organizers, seminar providers and different associations lecturing topics in Managing Tax Assessments-Taxpayer’s Rights and Remedies, Income Tax and Latest Updates, Value Added Tax and other Percentage Taxes, Withholding Tax (Compensation, Fringe benefits, Expanded and Final Withholding Tax) and Estate Planning.
