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Tuesday, October 25, 2005
Misamis Oriental prov’l board to study tax guidelines
By Lizanilla J. Amarga
THE Provincial Board (PB) of Misamis Oriental is now studying moves of putting up a uniform guideline as to the criteria and requirements for the condonation of interests and penalties of real property taxes incurred by delinquent taxpayer companies.
Misamis Oriental Vice Governor Julio Uy said this is in response to the passage of an ordinance condoning the interests and penalties of delinquent real property taxes of another private firm in the province.
"There is no a need for us to formulate guidelines on what are the standards and requirements for condoning these interests and penalties as this is not the first time that this has happened" Uy said.
Earlier, the PB has passed several ordinances condoning the interests and penalties of some private firms.
A hot debate ensued during their regular session last Monday regarding another ordinance condoning P2.7 million in real property tax penalties and interests incurred by Araneta Properties, Inc. for their real properties located in Mnaticao, Misamis Oriental.
PB Minority Floor Leader Alejo Olano voiced concerns that there might be queries raised as to this recent condonation of the interests and penalties.
Olano said this as different corporations are into different situation and that they might feel that the Province is not giving them exactly the equal treatment.
"We could be charged as being unfair and unjust treatment on these delinquent payment of real property whether we are uniform and equitable," he said.
Penalties
PB member Norris Babiera for his part said should other private firms complain that they were not given the equal treatment then perhaps, they did not avail of the remedies.
"The power to tax is clearly only given to the City Council. It is the only one who could on whether it should condone or not taxes, penalties and surcharges," Babiera said.
PB member Oliver Actub also stood up and reminded Olano that he was even the one who sponsored the condonation of Alsons Cement tax penalties and surcharges.
The ordinance condoning penalties and surcharges of the Araneta Properties was approved.
But after the session, Uy told Babiera and reporters that there is a need to come up with a uniform guideline and requirements on the condonation of penalties and surcharges.
"There should be standards so that they themselves will know whether they qualify or not and that it was not just up to the full discretion of the Sanggunian," the vice governor said.
The other salient points of the ordinance approved was for Araneta Properties, Inc. to pay the principal basic real property tax and special education fund for taxable years 1997-2005 in the total amount of P4.4 million.
It was also agreed that the P4.4 million is to be fully paid gradually starting September 15 this year to March 2006.
But upon default of Araneta of any of their obligations, the memorandum of agreement is automatically rescinded and shall restore the Provincial Government and Municipal Government their right to collect in full.
This even including the P2.7 million penalties, surcharges, and interest and "total delinquent realty property tax due and collectible from the corporation and the right to avail of all judicial and administrative remedies provided for by law, rules and regulations."
(October 25, 2005 issue)
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