The Philippines has carved itself as a favorite outsourcing jurisdiction for foreign businesses for a number of reasons. The traditional scheme is through the establishment of subsidiaries or branches in the country, and services are rendered to both foreign and local clients through these entities. With these being taxable entities, it is less likely that another taxable entity is deemed created.
In essence, the nature of the arrangements between the foreign business and the individuals would also affect the tax impact to both parties. But let me defer the discussion of the tax consequences to the individuals to a later article. In the meantime, let me discuss the tax impact to the supposed foreign employer or principal, specifically in relation to the assignment of employees in the Philippines.
We have not formally adopted the economic employer rule. But our tax laws had adopted the labor laws in so far as the determination of the existence of an employer-employee relationship is concerned. And these rules espouse the so-called four-fold test in determining the existence of an employer-employees: who hires the employees, who pays their wages, who has the power to dismiss, who has the power of control, with the last one being the most important.
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