IN their position paper dated Feb. 13, 2024, representatives of certain private sector groups requested Bureau of Internal Revenue (BIR) Commissioner Romeo Lumagui to review, revisit and reconsider the provisions of Revenue Memorandum Circular (RMC) 5-2024 dated Jan. 10, 2024, and to suspend the effectivity of said RMC while its provisions are under reconsideration.

The said RMC applied the Supreme Court ruling on the taxation of cross-border services in Aces Philippines Cellular Satellite Corp. v. Commissioner of Internal Revenue, GR 226680, dated Aug. 30, 2022 (Aces case). The controversy surrounding such RMC was the subject of our article published on Jan. 25, 2024.

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