Expertise
Corporate Tax
Corporate tax positions for transactions, incentives and related-party risk.
Tax & BIRDiscuss a Tax Matter
Corporate Tax Planning & Compliance
Tax Law
Plan and document tax positions before they become audit issues.
Corporate tax positions must be evaluated under the National Internal Revenue Code as amended, including the CREATE Act (RA 11534), CREATE MORE (RA 12066), and applicable implementing rules and BIR issuances. These reforms affect the corporate-tax and incentive landscape, but the applicable treatment remains dependent on the taxpayer, transaction, registration, records, and current rules.
Nopuente Law Firm advises on corporate tax risk, documentation, transactions, and controversy matters. We help businesses develop legally grounded and defensible tax positions, identify questions that require further analysis, and respond to BIR scrutiny. We do not provide accounting services or tax-return preparation unless expressly included in a written engagement scope.
Corporate tax authorities
Rate, incentive and related-party tests are not interchangeable
Legal sources checked: 4 November 2026
Review the taxpayer, taxable income, assets, activity, transaction date and applicable registration. The reduced 20% domestic corporate rate uses net taxable income and a separate asset test; gross sales alone are insufficient. Incentive treatment depends on qualifying registered projects or activities and applicable conditions.
| Question | Review |
|---|---|
| Arm’s-length pricing | Actual related-party terms and commercial evidence. |
| Form 1709 | Taxpayer coverage under RR No. 34-2020 and RMC No. 54-2021. |
| Mandatory documentation | Separate TPD materiality thresholds and retention requirements. |
The TPD thresholds are not a blanket exemption from Form 1709 or arm’s-length compliance. See transfer-pricing audit readiness.
CREATE and CREATE MORE Incentives, Current Framework
CREATE and CREATE MORE form part of the current fiscal-incentive framework. The availability, duration, and conditions of incentives depend on the registered activity, the relevant investment-promotion agency, the applicable investment-priority framework, the registration terms, and current implementing rules.
Before taking a position, businesses should examine the proposed activity, registration documents, transaction records, and current guidance. We assist with legal analysis of incentive and tax-risk questions, transaction support, and controversy matters within the scope of an engagement.
Scoped output
What a tax-position review can produce
| Workstream | Potential scoped output |
|---|---|
| Question and assumptions | Taxpayer, transaction, period, registration and facts that still require confirmation. |
| Authority and analysis | Tax-position memorandum or issues list identifying the applicable rules and the basis for the proposed treatment. |
| Record gaps | Evidence checklist and reconciliation questions for management and the finance team. |
| Decision and implementation | Incentive assessment, action list or audit-response strategy within the agreed engagement. |
Routine bookkeeping, return preparation, assurance and litigation are not automatically included. Responsibilities and scope are agreed expressly.
Frequently Asked Questions
What is the difference between lawful tax planning and tax evasion?
Lawful tax planning involves selecting and implementing positions permitted by tax law and supported by genuine commercial facts. Tax evasion, concealment, sham arrangements, and unsupported positions are materially different and may result in civil or criminal exposure.
How should a business assess its current corporate tax treatment?
The analysis should begin with the taxpayer's facts, accounting records, transactions, registrations, and current NIRC, BIR, CREATE, and CREATE MORE rules. Rates, incentives, credits, and compliance consequences should not be assumed from a general summary alone.
Legal Disclaimer: The information on this page is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by reading this page. Laws and regulations change; the information above reflects our understanding as of the date of publication and may not reflect subsequent amendments or new jurisprudence. Outcomes in legal matters depend on the specific facts and circumstances of each case. Nopuente Law Firm makes no guarantees of specific legal outcomes. Consult a qualified Philippine lawyer for advice on your specific situation.
People
Relevant counsel and support.
Assignments follow the firm’s assessment of fit, conflicts and scope.
Related firm insights
Begin with the issue