The BİR put declared purchase as net sales since there are no sales invoices of purchase. If the seller does not want to issue any copies of sales invoices, can the successful online bank transfer to sellers account signed and verified by the bank be used

In Philippines
Last Updated: Nov 26, 2024

INQUIRY ABOUT NO SALES INVOICES OF PURCHASE

The BİR put declared purchase as net sales since there are no sales invoices of purchase. If the seller does not want to issue any copies of sales invoices, can the successful online bank transfer to sellers account signed and verified by the bank be used

Lawyer Answers

Afe Babalola & Co. (Emmanuel Chambers)

Afe Babalola & Co. (Emmanuel Chambers)

Nov 26, 2024

Yes, a successful online bank transfer to the seller's account that is signed and verified by the bank can often be used as supporting evidence to demonstrate that a purchase was made. However, whether this is acceptable depends on the jurisdiction's tax laws and regulations. Below are key points to consider:

1. Legal Acceptability

  • In many jurisdictions, tax authorities require proper sales invoices as primary proof of transactions for tax reporting purposes.
  • If the seller refuses to issue sales invoices, you may need to report this to the relevant tax authority as non-compliance with invoicing regulations.

2. Supporting Documentation

If the sales invoice is unavailable, the following documents may strengthen your case:

  • Bank Statement or Transfer Receipt: A signed and verified bank document showing the transaction details, including the amount, date, and recipient’s account information.
  • Purchase Agreement or Order Confirmation: If available, include any agreements, contracts, or email correspondence detailing the purchase.
  • Delivery Records: If applicable, records or receipts for the delivery of goods or services.

3. Communication with the Seller

  • Attempt to communicate with the seller to resolve the issue and request an official sales invoice.
  • If they continue to refuse, document these attempts as evidence.

4. Consult Tax Professionals

  • It’s essential to consult a tax advisor or legal expert familiar with the requirements in your jurisdiction. They can guide you on how to present the evidence and address potential issues with the tax authority.

While a verified bank transfer may be persuasive, it may not replace a sales invoice in all situations. The best course of action is to gather as much corroborating documentation as possible and seek professional advice.

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