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Annex A - Terms and Conditions of My Application [Version June 5, 2021]

ANNEX A - TERMS AND CONDITIONS OF MY APPLICATION

 PREAMBLE.

  • I, whose legal name and true signature appeared in My Application for Mentoring and Template Development Engagement, knowingly/voluntarily accepted and adopted this Annex A -Terms and Conditions of My Application either for self-preservation or in representation of another person. It will form parcel of My Application for Mentoring and Template Development Engagement.
  • I read and understand its entire contents, which are also enforceable and relevant to my employees and officials, authorised representatives and relatives by consanguinity and affinity within the fourth degree.
  • When used herein, the pronouns ‘I, me, mine and my’ and ‘you, yours, and your’ shall refer to the Applicant and a TaxSpecialista whose name appeared on the last page of My Application for Mentoring and Template Development Engagement, respectively. When both are referenced, the pronoun ‘we, our and us’ is used.
  • The singularity and masculinity shall also refer to their respective counterparts, - plurality and femininity, and vice versa.

SUBJECT MATTER.

  • The subject matters of this Annex A -Terms and Conditions of My Application are specifically and comprehensively stated in My Application for Mentoring and Template Development Engagement.

OBJECTIVE.

  • Without compromising the integrity, reputation and character of either of us, and due to my special situations in handling/managing/completing the subject matters, our primary objectives are to
    • comply with our laws,
    • obey lawful orders from our government agencies and their authorised representatives,
    • reduce the deficiency taxes so-assessed in accordance with our laws,
    • avoid either the administrative, civil or criminal penalty that are associated with the subject matters,
    • preserve my lifestyle or ways of living,
    • promote my rights, privileges and interests, and
    • protect my liberty, livelihood, property and profitable business relationships, and if it is lawful and appropriate, the welfare of my employees, stockholders, directors, suppliers, contractors and clients.

MY OBLIGATION.

  • In relation to the subject matters, I published below my obligations.
    • To keep and maintain my books of accounts updated, including the relevant evidences that supported the entries in the same books
    • To share and supply you with the BIR notice (notice) that I received
      • For this purpose, the pdf of this notice shall be kept in a folder that I will immediately create in the Google Drive. The said notice will be readily available to you. You can access it anytime without my permission.
    • To prepare and provide you with all relevant information, documents, papers or pieces of evidence that I think may
      • disprove the allegations of the notice
      • reduce/cancel the taxes so-assessed
      • clarify and strengthen our legal posture
      • help us achieve the above objectives
        • Any information, piece of evidence, paper, document, notice, annex, exhibit, schedule, working-paper, and the likes so-furnished presupposes my full and accurate disclosure.
      • To read, understand, approve and sign communications showing our strategies and other actions that we intend either to pursue or submit to a concerned person/third party
      • To settle all lawfully assessed taxes and fees including their surcharges, interests and penalties which we verified to be true and accurate
      • To pay your fee within or without this piece of evidence
        • To remit the tax so-withheld from your fee to the Bureau of Internal Revenue (BIR) or its collecting agent
        • To issue you the required BIR Form No. 2307 for the tax so-withheld (2307).
        • To pay, reimburse or advance to you a certain amount for the expenses attributable to the subject matters such as taxi, FX, bus, jeep, airplane, and ship fares, meals, lodging, gas, supplies, phone card and the likes
        • To hand over to you
          • a check as my payment for your acceptance fee and a signed 2307, all under your name, at the moment of sharing with you My Application for Mentoring and Template Development Engagement
          • a sufficient number of post-dated checks and their respective 2307, all under your name, at the moment of sharing with you My Application for Mentoring and Template Development Engagement
        • To inform you of the changes in my address, email account and mobile number, and the key officials who are involved in the subject matters, and
        • To do all lawful acts that my subject matters dictate;

YOUR OBLIGATION.

  • The proceeding obligations are deemed created when you affixed a signature on the face of My Application for Mentoring and Template Development Engagement.
  • In the moment of a BIR audit, you are required to
    • explain to me the cause and effect of a
      • letter of authority,
      • letter notice,
      • first request,
      • second and final notices,
      • subpoena duces tecum,
      • notice of discrepancy,
      • closing conference,
      • preliminary assessment notice,
      • formal letter of demand,
      • final assessment notice,
      • final decision on disputed assessment
      • details of discrepancies,
      • complaint affidavit
      • reply affidavits
      • warrants of garnishment,
      • warrant of levy and distraint, and
      • collection notices
      • teach me the macro and micro strategies that would achieve the above objectives
      • coach me in the drafting, if it is requested, essential and so important, of the appropriate
        • objection,
        • protest,
        • request for reconsideration, and
        • request for reinvestigation
        • review my replies, responses and reactions
        • assist me in reducing my deficiency taxes in accordance with our laws
        • guide me in preventing, if it is possible, the criminal prosecution of my stockholders, owners, directors, officers and employees
        • provide a valuable recommendation in the preparation and submission of pieces of evidence
        • assist me in concluding the termination of my tax case, either by the operations of our Tax Code or letter-confirmation from the BIR, whichever is easy and appropriate.
      • During a scheduled mentoring, you are required to
      • help and assist me in navigating our Tax Code and the BIR issuances issued under its authority
      • explain the application and effects of our tax laws to my subject matters
      • review my tax issues/concerns
      • issue a timely and relevant suggestion
        • to ease the effects of my tax problems
        • to improve my tax compliance
        • coach and guide in attaining the above objectives
        • provide a helpful recommendation for the preparation, safekeeping, retrieval, disposal and submission of pieces of evidence
      • When my check, which I issued to you, is cleared by my bank, you shall prepare and issue to me, within a reasonable time, a BIR-registered Official Receipt either by way of personal delivery, email or registered mail
      • To inform me of the changes in your contact information

RELATIONSHIP.  

  • I am an independent businessperson. Nothing contained in My Application for Mentoring and Template Development Engagement shall create an employee-employer, principal-agent or any other fiduciary relationship, partnership or joint venture. You are not entitled to worker's compensation, retirement, insurance or other benefits afforded to my regular employee.

COMMUNICATION.

  • Our notices shall be sent via provided email addresses. In some instances, the use of SMS, snail mail, group chat and call may be permitted. We will use the Google Meet app during our meetings.
    • We will never share or publish our email addresses, mobile numbers and minutes of our meetings to any person without getting first a verbal or text permission from either of us. Our recorded meetings may be uploaded to your YouTube Channel under the ‘UNLISTED’ class. Its link shall be provided to me or my representatives and no one else.

GOVERNING LAW.

  • My Application for Mentoring and Template Development Engagement shall be governed by, construed and enforced in accordance with the laws of the Philippines. The covenants, terms, conditions, provisions, and undertakings in My Application for Mentoring and Template Development Engagement or any of its modifications, revisions or supplements shall extend to and be binding upon our successors and assigns.
  • All disputes, controversies or claims (“Disputes”) arising out of or relating to My Application for Mentoring and Template Development Engagement shall be, in the first instance, settled by and between us amicably through mutual deliberation.
  • You are not liable for any misunderstanding, expectation, error, or omission occurring outside My Application for Mentoring and Template Development Engagement except for a written Addendum containing your notarised signature. In any case, your civil liability shall not exceed fifty thousand (50,000) Philippine pesos.
  • Either they are written or unwritten, your prescribed policies and procedures, which I acknowledged to be superior to any order, resolution and the likes, shall apply.

VENUE.

  • Any court in the National Judicial Region shall have the exclusive jurisdiction over any conflict that may arise from my My Application for Mentoring and Template Development Engagement.

VALIDITY.

  • You will provide me with a copy of My Application for Mentoring and Template Development Engagement having your approval and signature. However, it will only bind both of us when my initial check is cleared by your depository bank.
  • Without a notice or demand, My Application for Mentoring and Template Development Engagement is deemed terminated when our objectives are satisfactorily achieved, or when I failed to fund, at least, two of the post-dated checks that I supplied you.

-end-