SlideShare a Scribd company logo
BIR Updates Applicable to Gov’t.
Agencies/Offices/GOCCs
/LGUs
Republic of the Philippines
Department of Finance
BUREAU OF INTERNAL REVENUE
REVENUE REGION 2
Cordillera Administrative Region
Atty. Eduardo T. Bajador
Regional Director
February 7, 2013
RR 18-2012
October 22, 2012
Regulations in the Processing of Authority to Print
(ATP) Official Receipts, Sales Invoices, and Other
Commercial Invoices using the On-line ATP System
and Providing for the Additional Requirements in the
Printing Thereof
RR 18-2012
October 22, 2012
Highlights:
When a public corporation or a local government unit acts in its
proprietary character, it is regarded as having the rights and obligations of
a private corporation. (Government Proprietary Function)
For Gov’t. entities to be taxable, the ff requisites must concur:
1) the gov’t entity concerned must not be performing as
essential government function; and
2) it must be engaged in similar business, industry, or
activity as performed by other ordinary taxable corporations.
All income realized from or received in the exercise of its proprietary
functions shall be subject to income tax and business taxes in the same
manner as other private corporations similarly situated.
RR 18-2012
October 22, 2012
Policies and Guidelines
- All persons, whether private or government, who are
engaged in business shall secure/apply from the BIR
an Authority to Print principal and supplementary
receipts/invoices.
National Government Agencies (NGAs), Government
Owned and Controlled Corporation (GOCCs) and Local
Government Units (LGUs) engaged in proprietary
functions shall apply for ATP in the printing of their
principal and supplementary receipts/invoices.
RR 18-2012
October 22, 2012
- For newly registered taxpayers, the ATP shall be
secured simultaneously with the Certificate of
Registration (COR)
- The taxpayer-applicant shall apply for an ATP and
submit the required documents , using the On-line
ATP System.
- As a general rule, all applications for ATP of the
Head Office (HO) and all its branches shall be done
on-line.
RR 18-2012
October 22, 2012
- There shall be one application for ATP per establishment
(HO or Branch) which shall be filed with RDO/LT Office
concerned where the HO is registered.
- The approved ATP shall be valid only upon full usage
of the inclusive serial numbers of principal and supplementary
receipts/invoices reflected in such ATP or five (5) years from
issuance of the same, whichever comes first.
- Only BIR Accredited Printers shall have the exclusive
authority to print principal and supplementary
receipts/invoices.
RR 18-2012
October 22, 2012
Transitory Provision
All unused /unissued principal and supplementary
receipts/invoices printed prior to the effectively of these Regulations,
shall be valid until June 30, 2013.
A taxpayer with expiring ATP for its invoices/receipts (principal
and supplementary) shall apply for a new ATP not later than Sixty (60)
days prior to actual expiry date. All unused/unissued
principal/supplementary receipts/invoices shall be surrendered to the
RDO where the taxpayer is registered on or beofre the 10th day after
the validity peiord of the expired recipts/invoices for destruction. An
inventory listing of the same shall also be submitted.
RR 15-2012
December 3, 2012
Regulations on the Accreditation of
Printers as a prerequisite to their
Printing Services of Official
Receipts, Sales Invoices and Other
Commercial Receipts and/or
Invoices
RR 15-2012
December 3, 2012
Policies and Guidelines
- the application for accreditation of printers shall be in the
form a Sworn Statement duly executed by the applicant-printer.
- all printers registered as engage in the business of
printing principal and supplementary invoices/receipts shall
be required to undergo the accreditation process.
- all applications for accreditation of printers shall be
submitted using the Online System of Accreditation of
Printers
- a list of all duly-accredited printers per RDO shall be posted
and regularly updated at the BIR website (www.bir.gov.ph) for
ready reference by the public.
RR 15-2012
December 3, 2012
Policies and Guidelines – continue…
- only BIR Accredited Printers shall have the exclusive authority to print
principal and supplementary receipts/invoices
- A taxpayer may file a petition for revocation of the printer’s
Certificate of Accreditation in meritorious cases.
- discovery of printing of spurious Ors/Sis shall be a ground for
immediate revocation of Certificate of Accreditation/dis- accreditation of
the accredited printers. The discovery thereof shall be a cause of
immediate business closure under “OPLAN KANDADO” and the
filing of a criminal case against t he accredited printers.
RR 15-2012
December 3, 2012
Policies and Guidelines – continue…
- The Certificate of Accreditation shall be subject for revocation if the
following findings have been discovered:
a. Tampered Certificate of Accreditation
b. Any misrepresentation on the Sworn Statement submitted by
the printer
c. Valid stop filer cases against printer for the last three (3) months
of operation.
d. Unsettled delinquent accounts against printer for the last three
(3) months
e. Requiring a minimum number of booklets from their
client/customer
f. Failure to submit reports as required
g. Any violation(s) of the accredited printer on the policies and
procedures
RR 15-2012
December 3, 2012
Effectivity Clause:
Effective once the online system for Accreditation of
Printers becomes available upon release of a Revenue Issuance
announcing its availability.
RMC 68-2012
November 5, 2012
Condonation of Tax Liabilities of
Local Water Districts
(RA No. 10026)
RMC 68-2012
November 5, 2012
Republic Act (R.A.) No. 10026
“All unpaid taxes or any portion thereof due from a local
water district for the period starting August 13, 1996 until the
effectivity date of this Act are hereby condoned by the
government subject to the following conditions:
1) that the BIR, after careful review of the financial
statements of a water district applying for condonation
of taxes due, established its finanial incapacity, after providing
for its amaintenance and operating expenses, debt servicing
and reserved fund, to meet such obligations for the period
stated herein.
RMC 68-2012
November 5, 2012
Republic Act (R.A.) No. 10026
continue….
2) that the water district availing of such condonation
shall submit to Congress of the Philippines a program of
internal reforms, duly certified by the local water utilities
administration, that would bring about its economic and
financial viability.
NOTE:
The condonation is not automatic and that a local water district must
meet certain requirements before it can avail of the tax incentives.
RMC 68-2012
November 5, 2012
APPLICATION
The applicant must file with the Technical working
Committee on abatement through the Assistant Commissioner
– Collection Services stating the requirements prescribed under
RMC 68-2012.
PRESCRIPTION
All applications for condonation must be filed on or
before April 30, 2013. No application for condonation may
be processed after the said date.
RR 1-2013
January 23, 2013
Further Expands the Coverage of
Taxpayers Required to File Tax
Returns and Pay Taxes Through the
Electronic Filing and Payment System
(eFPS) to Include National government
Agencies (NGAs) Mandatorily
Required to use the Electronic Tax
Remittance Advice (eTRA)
RR 1-2013
January 23, 2013
ISSUANCE OF A NOTIFICATION LETTER
The Bureau of Internal Revenue (BIR) shall issue a Notification
Letter to all National Government Agencies, including their branches
and extension offices located nationwide which have their own
disbursement functions, to inform them that they are mandated to use
the eFPS in filing the required returns and in paying the taxes due
thereon.
RR 1-2013
January 23, 2013
RESPONSIBILITY OF THE NATIONAL GOVERNMENT AGENCY’S
The Head Office of the concerned NGA shall be responsible in
providing the BIR with the list of all its branches/field or extension
offcies located nationwide which have their own disbursement
functions, with information as to their respective business addresses,
agency codes and taxpayer identification numbers (TINs).
RR 1-2013
January 23, 2013
ENROLLMENT FOR SYSTEM USAGE
All NGAs notified are required to enroll first with the BIR’s
eFPS facility and they shall be required to submit to the Revenue
District Office where they are registered the names of two (2)
authorized officers designated to file the required tax returns pursuant
to Section 52 (A) of the Tax code (e.g. Head of Office and chief
Accountant/Disbursement Officer).
RR 1-2013
January 23, 2013
RETURNS COVERED BY ENROLLMENT
NGAs mandated to file electronically thru the issuance of the
Notification Letter shall file their tax returns via the eFPS, whether or
not payment shall make use of eTRA.
TIME OF FILING OF RETURNS AND PAYMENT OF TAX DUE
Usually add five days on the due dates of manual filing of
returns. For complete list of deadlines please refer to RR 1-2013 and
RMC 23-2012 available on our website (www.bir.gov.ph).
RMC 23-2012
February 14, 2012
Reiteration of the Officials and
Employees of government Offices
for the Withholding of applicable
taxes on certain Income Payments
and the Imposition of Penalties for
Non-Compliance Thereof
HISTORY
EXECUTIVE ORDER N0 651
February 16, 1981
REQUIRING GOVERNMENT OFFICES, AGENCIES AND
INSTRUMENTALITIES TO COMPLY STRICTLY WITH
THE LAWS AND REGULATIONS ON WITHHOLDING OF
TAXES
EXECUTIVE ORDER
N0. 651
”directing all ministries, bureaus, offices, agencies and
instrumentalities of the Philippines and provincial, city or municipal
governments, as well as Government Owned and Controlled Corporations
to comply strictly with the requirement for withholding and remittance of
internal revenue taxes imposed by the NIRC.”
“every ministry, agency, office, or instrumentality shall submit to
the Bureau of Internal Revenue the name and position of the employee or
officer charged with the duty to withhold and remit taxes, not later than
sixty (60) days from the issuance of this Order and any change of
designation thereafter shall be reported within ten (10) days from the date
thereof.”
“any employee or officer of any government office or agency,
charged with the duty to withhold and remit internal revenue taxes within
the time prescribe, is personally liable to surcharges and interests arising
from delinquencies in withholding and remittance of taxes, in addition to a
fine of not less than 5,000 pesos and an imprisonment of not less than one
year nor more than two years.”
WHO ARE THE RESPONSIBLE GOVERNMENT
OFFICIALS (RMO 8-2003 – March 3, 2003)
1) Local Government Units:
a) Provinces - Governor, Provincial Treasurer and
Provincial Accountant
b) Cities - Mayor, City Treasurer and City Accountant
c) Municipalities - Mayor, Municipal Treasurer and Municipal
Accountant
d) Barangays - Barangay Captain and Barangay Treasurer
WHO ARE THE RESPONSIBLE GOVERNMENT
OFFICIALS (RMO 8-2003 – March 3, 2003)
2) National Government Agencies – Heads of Offices ( officials
holding the highest position) and Chief accountants or
other persons holding similar positions in departments,
bureaus, agencies and instrumentalities officially
designated as such by the head office.
3) Government Owned or Controlled Corporation (GOCC) –
Heads of Offices (officials holding the highest position) and chief
accountants or other person holding similar positions officially
designated as such by the head of office.
4) Other Government Offices – Heads of Offices (official
holding the highest position) and chief Accountants or other
persons holding similar positions officially designated as
such by the head of office.
WHO ARE THE RESPONSIBLE GOVERNMENT
OFFICIALS (RMO 8-2003 – March 3, 2003)
5) Government Offices with Decentralized accounting
System and/or Branches/Regional Offices/District Offices
Registered with their respective Revenue district Offices
Heads of such Offices/Regional/District Offices (officials
holding the highest position) and Chief Accountants or other
persons holding similar positions officially designated as such by
the head of office. (example: a) in case of BIR Regional Offices,
it shall be the Regional Director and Chief, Finance Division and
b) in case of DECS, the Regional Director and Chief, Budget &
Finance Division).
RESPONSIBILTY OF
AGENCIES/OFFICES/GOCC’s/LGU’s
(Memorandum – ACIR Collection Service July 22,2004)
We are all directed to:
- identify and submit an updated name of personnel charged with the
duty to deduct, withhold and remit taxes withheld on Compensation,
Expanded, Final and Gov’t Money Payments (GMP) on Percentage
and Value added Tax including Franchise Tax.
- submit the names of the incumbents of such positions to the
Commissioner of Internal Revenue thru the Revenue District Office
within thirty (30) days from receipt of such notification. Any change of
such incumbents shall be reported, and names of the replacement
submitted within ten (10) days from such change or replacement.
Note: The designated official shall be personally liable for the additions to the tax
prescribed in Chapter 1, Title X of the National Internal Revenue Code, as
amended, for violations of withholding tax laws and regulations.
RESPONSIBILTY OF
AGENCIES/OFFICES/GOCC’s/LGU’s
(Memorandum – ACIR Collection Service July 22,2004)
ANNEX “B-1”
REGISTRATION OF OFFICIAL DESIGNATED AS WITHHOLDING AGENTS
FOR THE GOVERNMENT PURSUANT TO EXECUTIVE ORDER NO. 651
ANNEX “B-1”
REGISTRATION OF OFFICIAL DESIGNATED AS WITHHOLDING AGENTS
FOR THE GOVERNMENT PURSUANT TO EXECUTIVE ORDER NO. 651
____________
D a t e
The Commissioner
Bureau of Internal Revenue
National Office Bldg., Diliman Quezon City
ATTENTION: The Revenue District Officer
Revenue District Office No. 55
San Pablo City
Gentleman:
In compliance with Executive Order No. 651, as implemented by Revenue Regulations No. 1-87, as amended by Revenue Regulation
Nos. and 10-97, we are submitting the names of officials designated as withholding agents who are charged with the duty to withhold and remit taxes for:
_____________________________________ ______________________________
(NAME OF GOVERNMENT OFFICE) (ADDRESS)
NAME OF WITHHOLDING AGENT POSITION
Name: __________________________________ A.
Address: __________________________________
TIN: ___________________________________________
Head of Agency
Mayor
Governor
B.
Name: __________________________________
Address: __________________________________
TIN: ___________________________________________
Chief, Accountant
City Treasurer
Municipal Treasurer
Provincial Treasurer
Barangay Captain
Barangay Treasurer
DATE OF DESIGNATION: ________________________________
MONTH DAY YEAR
These officials are personally liable for the additions to the tax prescribed in Chapter 1, Title X of the National Internal
Revenue Code as amended.
Very truly yours,
__________________________________
SIGNATURE OVER PRINTED NAME
______________________
Position
Responsibilities of the Government
Officials/Employees as Withholding
Agents (RMC 23-2012)
1. To register the government Office as withholding agent
2. To require employees to submit the duly accomplished
Application for Registration (BIR Form 1902) for newly
hired employees and BIR Form 2305 for updates within
ten (10) days upon commencement of employment or
after the change in exemption.
3. To withhold the correct amount of Tax
4. To remit on time taxes with held.
Responsibilities of the Government
Officials/Employees as Withholding
Agents (RMC 23-2012)
5. To issue the corresponding certificates of taxes
withheld
6. To do the year-end adjustment
7. To timely file with the BIR, the annual information
return and alphabetical lists of employees/payees, if
applicable.
Responsibilities of the Government
Officials/Employees as Withholding
Agents (RMC 23-2012)
PENALTIES
1. Additions to the Tax – Interest, surcharges,
compromise penalties (Sec. 251, 249, 248, 252,
275)
CRIMINAL LIABILITIES
Sec. 255, 256, 272 and 275 of NIRC
RR 5-2012
April 2, 2012
Binding Effect of Rulings Issued
Prior to Tax Reform Act of 1997
RR 5-2012
April 2, 2012
COVERAGE
- All rulings issued prior to January 1, 1998 will no longer have
any binding effect. Consequently , these rulings cannot be invoked as
basis for any current business transaction/s. Neither can these
rulings be used as basis for securing legal tax opinions/rulings.
REPEALING CLAUSE
- All existing rules and regulations or parts thereof which are
inconsistent with the provisions of these Regulations are hereby
amended , repealed or revoked accordingly.
RMC 22-2012
Clarification on the
Implementation of RR 5-2012
RMC 22-2012
April 2, 2012
1. All BIR Rulings issued prior to Jan 1, 1998 are not to
be used as precedent by any taxpayer as a basis to
secure rulings for themselves for current business
transaction/s or in support of their position against any
assessment.
2. All BIR rulings issued prior to Jan 1, 1998 are not to be
used by any BIR action lawyer in issuing new rulings
for request for rulings involving current business
transaction/s.
RMC 22-2012
April 2, 2012
3. However, BIR Rulings issued prior to Jan 1, 1998 remains to be
valid but only:
a. To the taxpayer who was issued the ruling; and
b. Covering the specific transaction/s which is the
subject of the same ruling
4. BIR Rulings issued prior to Jan 1, 1998, shall remain valid as
mentioned above, unless expressly notified of its
revocation or unless the legal basis in law for such
issuance has already been repealed/amended in the
current Tax Code.

More Related Content

What's hot

Vietnam – Taxation – 2015
Vietnam – Taxation – 2015Vietnam – Taxation – 2015
Vietnam – Taxation – 2015
Dr. Oliver Massmann
 
Presentation tax talk december 14 (1)
Presentation tax talk   december 14 (1)Presentation tax talk   december 14 (1)
Presentation tax talk december 14 (1)
Anthony Galliano
 
Tax planning concepts
Tax planning conceptsTax planning concepts
Tax planning concepts
chanthirasekarSekar
 
Income tax authorities
Income tax authoritiesIncome tax authorities
Income tax authorities
Junaid Amjad
 
Income tax farhan
Income tax farhanIncome tax farhan
Income tax farhan
Muhammad Farhan Javed
 
Tax guide for professionals
Tax guide for professionalsTax guide for professionals
Tax guide for professionalsHarve Abella
 
Income tax authorities under Income tax act 1961
Income tax authorities under Income tax act 1961Income tax authorities under Income tax act 1961
Income tax authorities under Income tax act 1961Chirantan Tiwari
 
Advanced taxation (cfap5) by fawad hassan [lecture4]
Advanced taxation (cfap5) by fawad hassan [lecture4]Advanced taxation (cfap5) by fawad hassan [lecture4]
Advanced taxation (cfap5) by fawad hassan [lecture4]
Fawad Hassan
 
Income tax presentation
Income tax presentationIncome tax presentation
Income tax presentation
Augustin Bangalore
 
Mf0012 – taxation management
Mf0012 – taxation managementMf0012 – taxation management
Mf0012 – taxation management
ak007420
 
Discuss the Self Assessment Scheme in detail under the income tax audience of...
Discuss the Self Assessment Scheme in detail under the income tax audience of...Discuss the Self Assessment Scheme in detail under the income tax audience of...
Discuss the Self Assessment Scheme in detail under the income tax audience of...
RebekahSamuel2
 
E Filing Presentations : Income Tax India
E Filing Presentations : Income Tax IndiaE Filing Presentations : Income Tax India
E Filing Presentations : Income Tax India
Ranjeet Kumar
 
Income Tax Authority Presentation
Income Tax Authority PresentationIncome Tax Authority Presentation
Income Tax Authority Presentation
ShahriajSakib
 
Tax Incentives for the Restaurant Industry
Tax Incentives for the Restaurant IndustryTax Incentives for the Restaurant Industry
Tax Incentives for the Restaurant Industry
Anthony Galliano
 
Tax planning in business bangladesh perspective by swapan kumar bala ssrn-id9...
Tax planning in business bangladesh perspective by swapan kumar bala ssrn-id9...Tax planning in business bangladesh perspective by swapan kumar bala ssrn-id9...
Tax planning in business bangladesh perspective by swapan kumar bala ssrn-id9...Rahmat Ullah
 
Corporate tax planning
Corporate tax planningCorporate tax planning
Corporate tax planningrakya01
 
Tax planning in respect of setting of new business
Tax planning in respect of setting of new businessTax planning in respect of setting of new business
Tax planning in respect of setting of new business
Dr. Laxmikant Soni
 

What's hot (19)

Vietnam – Taxation – 2015
Vietnam – Taxation – 2015Vietnam – Taxation – 2015
Vietnam – Taxation – 2015
 
Presentation tax talk december 14 (1)
Presentation tax talk   december 14 (1)Presentation tax talk   december 14 (1)
Presentation tax talk december 14 (1)
 
Tax planning concepts
Tax planning conceptsTax planning concepts
Tax planning concepts
 
Income tax authorities
Income tax authoritiesIncome tax authorities
Income tax authorities
 
Income tax farhan
Income tax farhanIncome tax farhan
Income tax farhan
 
Income Tax Ordinance 2001
Income Tax Ordinance 2001Income Tax Ordinance 2001
Income Tax Ordinance 2001
 
Tax guide for professionals
Tax guide for professionalsTax guide for professionals
Tax guide for professionals
 
Manual book 1770
Manual book 1770Manual book 1770
Manual book 1770
 
Income tax authorities under Income tax act 1961
Income tax authorities under Income tax act 1961Income tax authorities under Income tax act 1961
Income tax authorities under Income tax act 1961
 
Advanced taxation (cfap5) by fawad hassan [lecture4]
Advanced taxation (cfap5) by fawad hassan [lecture4]Advanced taxation (cfap5) by fawad hassan [lecture4]
Advanced taxation (cfap5) by fawad hassan [lecture4]
 
Income tax presentation
Income tax presentationIncome tax presentation
Income tax presentation
 
Mf0012 – taxation management
Mf0012 – taxation managementMf0012 – taxation management
Mf0012 – taxation management
 
Discuss the Self Assessment Scheme in detail under the income tax audience of...
Discuss the Self Assessment Scheme in detail under the income tax audience of...Discuss the Self Assessment Scheme in detail under the income tax audience of...
Discuss the Self Assessment Scheme in detail under the income tax audience of...
 
E Filing Presentations : Income Tax India
E Filing Presentations : Income Tax IndiaE Filing Presentations : Income Tax India
E Filing Presentations : Income Tax India
 
Income Tax Authority Presentation
Income Tax Authority PresentationIncome Tax Authority Presentation
Income Tax Authority Presentation
 
Tax Incentives for the Restaurant Industry
Tax Incentives for the Restaurant IndustryTax Incentives for the Restaurant Industry
Tax Incentives for the Restaurant Industry
 
Tax planning in business bangladesh perspective by swapan kumar bala ssrn-id9...
Tax planning in business bangladesh perspective by swapan kumar bala ssrn-id9...Tax planning in business bangladesh perspective by swapan kumar bala ssrn-id9...
Tax planning in business bangladesh perspective by swapan kumar bala ssrn-id9...
 
Corporate tax planning
Corporate tax planningCorporate tax planning
Corporate tax planning
 
Tax planning in respect of setting of new business
Tax planning in respect of setting of new businessTax planning in respect of setting of new business
Tax planning in respect of setting of new business
 

Viewers also liked

Tax Reform and Resource Mobilization for Health
Tax Reform and Resource Mobilization for HealthTax Reform and Resource Mobilization for Health
Tax Reform and Resource Mobilization for Health
HFG Project
 
Report AIS chapter 7- Conversion Cycle
Report AIS chapter 7- Conversion CycleReport AIS chapter 7- Conversion Cycle
Report AIS chapter 7- Conversion Cycle
Harah Bae
 
Conversion cycle
Conversion cycleConversion cycle
Conversion cycle
Zoey Zungit
 
Lecture 21 expenditure cycle part i - accounting information systesm james ...
Lecture 21  expenditure cycle part i - accounting information systesm  james ...Lecture 21  expenditure cycle part i - accounting information systesm  james ...
Lecture 21 expenditure cycle part i - accounting information systesm james ...
Habib Ullah Qamar
 
BUREAU OF INTERNAL REVENUE (BIR)
BUREAU OF INTERNAL REVENUE (BIR)BUREAU OF INTERNAL REVENUE (BIR)
BUREAU OF INTERNAL REVENUE (BIR)
Cristy Melloso
 
Auditing the expenditure cycle
Auditing the expenditure cycleAuditing the expenditure cycle
Auditing the expenditure cycle
Angela Torres
 
Scientific Writing Format: Imrad
Scientific Writing Format: ImradScientific Writing Format: Imrad
Scientific Writing Format: Imraddoveette
 
Imrad
ImradImrad
Types of Taxes
Types of TaxesTypes of Taxes
Types of Taxes
Swati Luthra
 
Tax ppt
Tax pptTax ppt
Tax ppt
Daxesh Kanani
 
Introduction to taxation
Introduction to taxationIntroduction to taxation
Introduction to taxation
Christian Gravador
 
The Revenue Cycle
The Revenue Cycle The Revenue Cycle
The Revenue Cycle
Qamar Farooq
 

Viewers also liked (13)

Tax Reform and Resource Mobilization for Health
Tax Reform and Resource Mobilization for HealthTax Reform and Resource Mobilization for Health
Tax Reform and Resource Mobilization for Health
 
Report AIS chapter 7- Conversion Cycle
Report AIS chapter 7- Conversion CycleReport AIS chapter 7- Conversion Cycle
Report AIS chapter 7- Conversion Cycle
 
Conversion cycle
Conversion cycleConversion cycle
Conversion cycle
 
Lecture 21 expenditure cycle part i - accounting information systesm james ...
Lecture 21  expenditure cycle part i - accounting information systesm  james ...Lecture 21  expenditure cycle part i - accounting information systesm  james ...
Lecture 21 expenditure cycle part i - accounting information systesm james ...
 
BUREAU OF INTERNAL REVENUE (BIR)
BUREAU OF INTERNAL REVENUE (BIR)BUREAU OF INTERNAL REVENUE (BIR)
BUREAU OF INTERNAL REVENUE (BIR)
 
Auditing the expenditure cycle
Auditing the expenditure cycleAuditing the expenditure cycle
Auditing the expenditure cycle
 
Taxation lectures[1]
Taxation lectures[1]Taxation lectures[1]
Taxation lectures[1]
 
Scientific Writing Format: Imrad
Scientific Writing Format: ImradScientific Writing Format: Imrad
Scientific Writing Format: Imrad
 
Imrad
ImradImrad
Imrad
 
Types of Taxes
Types of TaxesTypes of Taxes
Types of Taxes
 
Tax ppt
Tax pptTax ppt
Tax ppt
 
Introduction to taxation
Introduction to taxationIntroduction to taxation
Introduction to taxation
 
The Revenue Cycle
The Revenue Cycle The Revenue Cycle
The Revenue Cycle
 

Similar to Bir updates gacpa

Tax Guidelines for E-Commerce Entrepreneurs
Tax Guidelines for E-Commerce EntrepreneursTax Guidelines for E-Commerce Entrepreneurs
Tax Guidelines for E-Commerce Entrepreneurs
Janette Toral
 
GST PRESENTATION.pptx
GST PRESENTATION.pptxGST PRESENTATION.pptx
GST PRESENTATION.pptx
KeshavLakhina
 
GST Guide Cable Industry
GST Guide Cable IndustryGST Guide Cable Industry
GST Guide Cable Industry
Prateek Kumar Khemka
 
Registration & Payment Procedures under Model GST Law
Registration & Payment Procedures under Model GST LawRegistration & Payment Procedures under Model GST Law
Registration & Payment Procedures under Model GST Law
CA Mohit Singhal
 
Registration & Payment Procedures under Model GST Law
Registration & Payment Procedures under Model GST LawRegistration & Payment Procedures under Model GST Law
Registration & Payment Procedures under Model GST Law
CA Mohit Singhal
 
GST Returns
GST ReturnsGST Returns
GST Returns
prakashnath
 
Key income tax_amendments_ay2014-15
Key income tax_amendments_ay2014-15Key income tax_amendments_ay2014-15
Key income tax_amendments_ay2014-15
CA. Gaurav Arora
 
Returns
ReturnsReturns
Tax salaried employees (INDIA)
Tax salaried employees (INDIA)Tax salaried employees (INDIA)
Tax salaried employees (INDIA)
Parminder Kaur
 
Tax salariedemployees
Tax salariedemployeesTax salariedemployees
Tax salariedemployees
Mainan Ray
 
ITR Filing Last Date 2023-24(24-25).pdf
ITR Filing Last Date 2023-24(24-25).pdfITR Filing Last Date 2023-24(24-25).pdf
ITR Filing Last Date 2023-24(24-25).pdf
WEB ONLINE CA
 
DELHI VAT AMENDMENTS HIGHLIGHTS - 2012 -13
DELHI  VAT AMENDMENTS HIGHLIGHTS - 2012 -13DELHI  VAT AMENDMENTS HIGHLIGHTS - 2012 -13
DELHI VAT AMENDMENTS HIGHLIGHTS - 2012 -13
TLDC INDIA
 
Service tax procedures
Service tax proceduresService tax procedures
Service tax procedures
Sushil Aggarwal
 
CBEC - GST - Registration Legal Provisions
CBEC - GST - Registration Legal ProvisionsCBEC - GST - Registration Legal Provisions
CBEC - GST - Registration Legal Provisions
gst-trichy
 
4 gst-registration
4  gst-registration4  gst-registration
4 gst-registration
yashu jindal
 
GST Registration (1).pdf
GST Registration (1).pdfGST Registration (1).pdf
GST Registration (1).pdf
Legal wndow
 
Newsletter on daily professional updates- 23/03/2020
Newsletter on daily professional updates- 23/03/2020Newsletter on daily professional updates- 23/03/2020
Newsletter on daily professional updates- 23/03/2020
CA PRADEEP GOYAL
 
Overview of filing return under GST
Overview of filing return under GSTOverview of filing return under GST
Overview of filing return under GST
Team Asija
 
Registration
RegistrationRegistration
Registration
Ayushijain424
 

Similar to Bir updates gacpa (20)

Tax Guidelines for E-Commerce Entrepreneurs
Tax Guidelines for E-Commerce EntrepreneursTax Guidelines for E-Commerce Entrepreneurs
Tax Guidelines for E-Commerce Entrepreneurs
 
GST PRESENTATION.pptx
GST PRESENTATION.pptxGST PRESENTATION.pptx
GST PRESENTATION.pptx
 
GST Guide Cable Industry
GST Guide Cable IndustryGST Guide Cable Industry
GST Guide Cable Industry
 
Registration & Payment Procedures under Model GST Law
Registration & Payment Procedures under Model GST LawRegistration & Payment Procedures under Model GST Law
Registration & Payment Procedures under Model GST Law
 
Registration & Payment Procedures under Model GST Law
Registration & Payment Procedures under Model GST LawRegistration & Payment Procedures under Model GST Law
Registration & Payment Procedures under Model GST Law
 
GST Returns
GST ReturnsGST Returns
GST Returns
 
Key income tax_amendments_ay2014-15
Key income tax_amendments_ay2014-15Key income tax_amendments_ay2014-15
Key income tax_amendments_ay2014-15
 
Returns
ReturnsReturns
Returns
 
Tax salaried employees (INDIA)
Tax salaried employees (INDIA)Tax salaried employees (INDIA)
Tax salaried employees (INDIA)
 
job
jobjob
job
 
Tax salariedemployees
Tax salariedemployeesTax salariedemployees
Tax salariedemployees
 
ITR Filing Last Date 2023-24(24-25).pdf
ITR Filing Last Date 2023-24(24-25).pdfITR Filing Last Date 2023-24(24-25).pdf
ITR Filing Last Date 2023-24(24-25).pdf
 
DELHI VAT AMENDMENTS HIGHLIGHTS - 2012 -13
DELHI  VAT AMENDMENTS HIGHLIGHTS - 2012 -13DELHI  VAT AMENDMENTS HIGHLIGHTS - 2012 -13
DELHI VAT AMENDMENTS HIGHLIGHTS - 2012 -13
 
Service tax procedures
Service tax proceduresService tax procedures
Service tax procedures
 
CBEC - GST - Registration Legal Provisions
CBEC - GST - Registration Legal ProvisionsCBEC - GST - Registration Legal Provisions
CBEC - GST - Registration Legal Provisions
 
4 gst-registration
4  gst-registration4  gst-registration
4 gst-registration
 
GST Registration (1).pdf
GST Registration (1).pdfGST Registration (1).pdf
GST Registration (1).pdf
 
Newsletter on daily professional updates- 23/03/2020
Newsletter on daily professional updates- 23/03/2020Newsletter on daily professional updates- 23/03/2020
Newsletter on daily professional updates- 23/03/2020
 
Overview of filing return under GST
Overview of filing return under GSTOverview of filing return under GST
Overview of filing return under GST
 
Registration
RegistrationRegistration
Registration
 

Recently uploaded

somanykidsbutsofewfathers-140705000023-phpapp02.pptx
somanykidsbutsofewfathers-140705000023-phpapp02.pptxsomanykidsbutsofewfathers-140705000023-phpapp02.pptx
somanykidsbutsofewfathers-140705000023-phpapp02.pptx
Howard Spence
 
Acorn Recovery: Restore IT infra within minutes
Acorn Recovery: Restore IT infra within minutesAcorn Recovery: Restore IT infra within minutes
Acorn Recovery: Restore IT infra within minutes
IP ServerOne
 
International Workshop on Artificial Intelligence in Software Testing
International Workshop on Artificial Intelligence in Software TestingInternational Workshop on Artificial Intelligence in Software Testing
International Workshop on Artificial Intelligence in Software Testing
Sebastiano Panichella
 
Getting started with Amazon Bedrock Studio and Control Tower
Getting started with Amazon Bedrock Studio and Control TowerGetting started with Amazon Bedrock Studio and Control Tower
Getting started with Amazon Bedrock Studio and Control Tower
Vladimir Samoylov
 
0x01 - Newton's Third Law: Static vs. Dynamic Abusers
0x01 - Newton's Third Law:  Static vs. Dynamic Abusers0x01 - Newton's Third Law:  Static vs. Dynamic Abusers
0x01 - Newton's Third Law: Static vs. Dynamic Abusers
OWASP Beja
 
Doctoral Symposium at the 17th IEEE International Conference on Software Test...
Doctoral Symposium at the 17th IEEE International Conference on Software Test...Doctoral Symposium at the 17th IEEE International Conference on Software Test...
Doctoral Symposium at the 17th IEEE International Conference on Software Test...
Sebastiano Panichella
 
Bonzo subscription_hjjjjjjjj5hhhhhhh_2024.pdf
Bonzo subscription_hjjjjjjjj5hhhhhhh_2024.pdfBonzo subscription_hjjjjjjjj5hhhhhhh_2024.pdf
Bonzo subscription_hjjjjjjjj5hhhhhhh_2024.pdf
khadija278284
 
Bitcoin Lightning wallet and tic-tac-toe game XOXO
Bitcoin Lightning wallet and tic-tac-toe game XOXOBitcoin Lightning wallet and tic-tac-toe game XOXO
Bitcoin Lightning wallet and tic-tac-toe game XOXO
Matjaž Lipuš
 
Sharpen existing tools or get a new toolbox? Contemporary cluster initiatives...
Sharpen existing tools or get a new toolbox? Contemporary cluster initiatives...Sharpen existing tools or get a new toolbox? Contemporary cluster initiatives...
Sharpen existing tools or get a new toolbox? Contemporary cluster initiatives...
Orkestra
 
Supercharge your AI - SSP Industry Breakout Session 2024-v2_1.pdf
Supercharge your AI - SSP Industry Breakout Session 2024-v2_1.pdfSupercharge your AI - SSP Industry Breakout Session 2024-v2_1.pdf
Supercharge your AI - SSP Industry Breakout Session 2024-v2_1.pdf
Access Innovations, Inc.
 
Competition and Regulation in Professional Services – KLEINER – June 2024 OEC...
Competition and Regulation in Professional Services – KLEINER – June 2024 OEC...Competition and Regulation in Professional Services – KLEINER – June 2024 OEC...
Competition and Regulation in Professional Services – KLEINER – June 2024 OEC...
OECD Directorate for Financial and Enterprise Affairs
 
Announcement of 18th IEEE International Conference on Software Testing, Verif...
Announcement of 18th IEEE International Conference on Software Testing, Verif...Announcement of 18th IEEE International Conference on Software Testing, Verif...
Announcement of 18th IEEE International Conference on Software Testing, Verif...
Sebastiano Panichella
 
Obesity causes and management and associated medical conditions
Obesity causes and management and associated medical conditionsObesity causes and management and associated medical conditions
Obesity causes and management and associated medical conditions
Faculty of Medicine And Health Sciences
 
María Carolina Martínez - eCommerce Day Colombia 2024
María Carolina Martínez - eCommerce Day Colombia 2024María Carolina Martínez - eCommerce Day Colombia 2024
María Carolina Martínez - eCommerce Day Colombia 2024
eCommerce Institute
 
Eureka, I found it! - Special Libraries Association 2021 Presentation
Eureka, I found it! - Special Libraries Association 2021 PresentationEureka, I found it! - Special Libraries Association 2021 Presentation
Eureka, I found it! - Special Libraries Association 2021 Presentation
Access Innovations, Inc.
 
Media as a Mind Controlling Strategy In Old and Modern Era
Media as a Mind Controlling Strategy In Old and Modern EraMedia as a Mind Controlling Strategy In Old and Modern Era
Media as a Mind Controlling Strategy In Old and Modern Era
faizulhassanfaiz1670
 

Recently uploaded (16)

somanykidsbutsofewfathers-140705000023-phpapp02.pptx
somanykidsbutsofewfathers-140705000023-phpapp02.pptxsomanykidsbutsofewfathers-140705000023-phpapp02.pptx
somanykidsbutsofewfathers-140705000023-phpapp02.pptx
 
Acorn Recovery: Restore IT infra within minutes
Acorn Recovery: Restore IT infra within minutesAcorn Recovery: Restore IT infra within minutes
Acorn Recovery: Restore IT infra within minutes
 
International Workshop on Artificial Intelligence in Software Testing
International Workshop on Artificial Intelligence in Software TestingInternational Workshop on Artificial Intelligence in Software Testing
International Workshop on Artificial Intelligence in Software Testing
 
Getting started with Amazon Bedrock Studio and Control Tower
Getting started with Amazon Bedrock Studio and Control TowerGetting started with Amazon Bedrock Studio and Control Tower
Getting started with Amazon Bedrock Studio and Control Tower
 
0x01 - Newton's Third Law: Static vs. Dynamic Abusers
0x01 - Newton's Third Law:  Static vs. Dynamic Abusers0x01 - Newton's Third Law:  Static vs. Dynamic Abusers
0x01 - Newton's Third Law: Static vs. Dynamic Abusers
 
Doctoral Symposium at the 17th IEEE International Conference on Software Test...
Doctoral Symposium at the 17th IEEE International Conference on Software Test...Doctoral Symposium at the 17th IEEE International Conference on Software Test...
Doctoral Symposium at the 17th IEEE International Conference on Software Test...
 
Bonzo subscription_hjjjjjjjj5hhhhhhh_2024.pdf
Bonzo subscription_hjjjjjjjj5hhhhhhh_2024.pdfBonzo subscription_hjjjjjjjj5hhhhhhh_2024.pdf
Bonzo subscription_hjjjjjjjj5hhhhhhh_2024.pdf
 
Bitcoin Lightning wallet and tic-tac-toe game XOXO
Bitcoin Lightning wallet and tic-tac-toe game XOXOBitcoin Lightning wallet and tic-tac-toe game XOXO
Bitcoin Lightning wallet and tic-tac-toe game XOXO
 
Sharpen existing tools or get a new toolbox? Contemporary cluster initiatives...
Sharpen existing tools or get a new toolbox? Contemporary cluster initiatives...Sharpen existing tools or get a new toolbox? Contemporary cluster initiatives...
Sharpen existing tools or get a new toolbox? Contemporary cluster initiatives...
 
Supercharge your AI - SSP Industry Breakout Session 2024-v2_1.pdf
Supercharge your AI - SSP Industry Breakout Session 2024-v2_1.pdfSupercharge your AI - SSP Industry Breakout Session 2024-v2_1.pdf
Supercharge your AI - SSP Industry Breakout Session 2024-v2_1.pdf
 
Competition and Regulation in Professional Services – KLEINER – June 2024 OEC...
Competition and Regulation in Professional Services – KLEINER – June 2024 OEC...Competition and Regulation in Professional Services – KLEINER – June 2024 OEC...
Competition and Regulation in Professional Services – KLEINER – June 2024 OEC...
 
Announcement of 18th IEEE International Conference on Software Testing, Verif...
Announcement of 18th IEEE International Conference on Software Testing, Verif...Announcement of 18th IEEE International Conference on Software Testing, Verif...
Announcement of 18th IEEE International Conference on Software Testing, Verif...
 
Obesity causes and management and associated medical conditions
Obesity causes and management and associated medical conditionsObesity causes and management and associated medical conditions
Obesity causes and management and associated medical conditions
 
María Carolina Martínez - eCommerce Day Colombia 2024
María Carolina Martínez - eCommerce Day Colombia 2024María Carolina Martínez - eCommerce Day Colombia 2024
María Carolina Martínez - eCommerce Day Colombia 2024
 
Eureka, I found it! - Special Libraries Association 2021 Presentation
Eureka, I found it! - Special Libraries Association 2021 PresentationEureka, I found it! - Special Libraries Association 2021 Presentation
Eureka, I found it! - Special Libraries Association 2021 Presentation
 
Media as a Mind Controlling Strategy In Old and Modern Era
Media as a Mind Controlling Strategy In Old and Modern EraMedia as a Mind Controlling Strategy In Old and Modern Era
Media as a Mind Controlling Strategy In Old and Modern Era
 

Bir updates gacpa

  • 1. BIR Updates Applicable to Gov’t. Agencies/Offices/GOCCs /LGUs Republic of the Philippines Department of Finance BUREAU OF INTERNAL REVENUE REVENUE REGION 2 Cordillera Administrative Region Atty. Eduardo T. Bajador Regional Director February 7, 2013
  • 2. RR 18-2012 October 22, 2012 Regulations in the Processing of Authority to Print (ATP) Official Receipts, Sales Invoices, and Other Commercial Invoices using the On-line ATP System and Providing for the Additional Requirements in the Printing Thereof
  • 3. RR 18-2012 October 22, 2012 Highlights: When a public corporation or a local government unit acts in its proprietary character, it is regarded as having the rights and obligations of a private corporation. (Government Proprietary Function) For Gov’t. entities to be taxable, the ff requisites must concur: 1) the gov’t entity concerned must not be performing as essential government function; and 2) it must be engaged in similar business, industry, or activity as performed by other ordinary taxable corporations. All income realized from or received in the exercise of its proprietary functions shall be subject to income tax and business taxes in the same manner as other private corporations similarly situated.
  • 4. RR 18-2012 October 22, 2012 Policies and Guidelines - All persons, whether private or government, who are engaged in business shall secure/apply from the BIR an Authority to Print principal and supplementary receipts/invoices. National Government Agencies (NGAs), Government Owned and Controlled Corporation (GOCCs) and Local Government Units (LGUs) engaged in proprietary functions shall apply for ATP in the printing of their principal and supplementary receipts/invoices.
  • 5. RR 18-2012 October 22, 2012 - For newly registered taxpayers, the ATP shall be secured simultaneously with the Certificate of Registration (COR) - The taxpayer-applicant shall apply for an ATP and submit the required documents , using the On-line ATP System. - As a general rule, all applications for ATP of the Head Office (HO) and all its branches shall be done on-line.
  • 6. RR 18-2012 October 22, 2012 - There shall be one application for ATP per establishment (HO or Branch) which shall be filed with RDO/LT Office concerned where the HO is registered. - The approved ATP shall be valid only upon full usage of the inclusive serial numbers of principal and supplementary receipts/invoices reflected in such ATP or five (5) years from issuance of the same, whichever comes first. - Only BIR Accredited Printers shall have the exclusive authority to print principal and supplementary receipts/invoices.
  • 7. RR 18-2012 October 22, 2012 Transitory Provision All unused /unissued principal and supplementary receipts/invoices printed prior to the effectively of these Regulations, shall be valid until June 30, 2013. A taxpayer with expiring ATP for its invoices/receipts (principal and supplementary) shall apply for a new ATP not later than Sixty (60) days prior to actual expiry date. All unused/unissued principal/supplementary receipts/invoices shall be surrendered to the RDO where the taxpayer is registered on or beofre the 10th day after the validity peiord of the expired recipts/invoices for destruction. An inventory listing of the same shall also be submitted.
  • 8. RR 15-2012 December 3, 2012 Regulations on the Accreditation of Printers as a prerequisite to their Printing Services of Official Receipts, Sales Invoices and Other Commercial Receipts and/or Invoices
  • 9. RR 15-2012 December 3, 2012 Policies and Guidelines - the application for accreditation of printers shall be in the form a Sworn Statement duly executed by the applicant-printer. - all printers registered as engage in the business of printing principal and supplementary invoices/receipts shall be required to undergo the accreditation process. - all applications for accreditation of printers shall be submitted using the Online System of Accreditation of Printers - a list of all duly-accredited printers per RDO shall be posted and regularly updated at the BIR website (www.bir.gov.ph) for ready reference by the public.
  • 10. RR 15-2012 December 3, 2012 Policies and Guidelines – continue… - only BIR Accredited Printers shall have the exclusive authority to print principal and supplementary receipts/invoices - A taxpayer may file a petition for revocation of the printer’s Certificate of Accreditation in meritorious cases. - discovery of printing of spurious Ors/Sis shall be a ground for immediate revocation of Certificate of Accreditation/dis- accreditation of the accredited printers. The discovery thereof shall be a cause of immediate business closure under “OPLAN KANDADO” and the filing of a criminal case against t he accredited printers.
  • 11. RR 15-2012 December 3, 2012 Policies and Guidelines – continue… - The Certificate of Accreditation shall be subject for revocation if the following findings have been discovered: a. Tampered Certificate of Accreditation b. Any misrepresentation on the Sworn Statement submitted by the printer c. Valid stop filer cases against printer for the last three (3) months of operation. d. Unsettled delinquent accounts against printer for the last three (3) months e. Requiring a minimum number of booklets from their client/customer f. Failure to submit reports as required g. Any violation(s) of the accredited printer on the policies and procedures
  • 12. RR 15-2012 December 3, 2012 Effectivity Clause: Effective once the online system for Accreditation of Printers becomes available upon release of a Revenue Issuance announcing its availability.
  • 13. RMC 68-2012 November 5, 2012 Condonation of Tax Liabilities of Local Water Districts (RA No. 10026)
  • 14. RMC 68-2012 November 5, 2012 Republic Act (R.A.) No. 10026 “All unpaid taxes or any portion thereof due from a local water district for the period starting August 13, 1996 until the effectivity date of this Act are hereby condoned by the government subject to the following conditions: 1) that the BIR, after careful review of the financial statements of a water district applying for condonation of taxes due, established its finanial incapacity, after providing for its amaintenance and operating expenses, debt servicing and reserved fund, to meet such obligations for the period stated herein.
  • 15. RMC 68-2012 November 5, 2012 Republic Act (R.A.) No. 10026 continue…. 2) that the water district availing of such condonation shall submit to Congress of the Philippines a program of internal reforms, duly certified by the local water utilities administration, that would bring about its economic and financial viability. NOTE: The condonation is not automatic and that a local water district must meet certain requirements before it can avail of the tax incentives.
  • 16. RMC 68-2012 November 5, 2012 APPLICATION The applicant must file with the Technical working Committee on abatement through the Assistant Commissioner – Collection Services stating the requirements prescribed under RMC 68-2012. PRESCRIPTION All applications for condonation must be filed on or before April 30, 2013. No application for condonation may be processed after the said date.
  • 17. RR 1-2013 January 23, 2013 Further Expands the Coverage of Taxpayers Required to File Tax Returns and Pay Taxes Through the Electronic Filing and Payment System (eFPS) to Include National government Agencies (NGAs) Mandatorily Required to use the Electronic Tax Remittance Advice (eTRA)
  • 18. RR 1-2013 January 23, 2013 ISSUANCE OF A NOTIFICATION LETTER The Bureau of Internal Revenue (BIR) shall issue a Notification Letter to all National Government Agencies, including their branches and extension offices located nationwide which have their own disbursement functions, to inform them that they are mandated to use the eFPS in filing the required returns and in paying the taxes due thereon.
  • 19. RR 1-2013 January 23, 2013 RESPONSIBILITY OF THE NATIONAL GOVERNMENT AGENCY’S The Head Office of the concerned NGA shall be responsible in providing the BIR with the list of all its branches/field or extension offcies located nationwide which have their own disbursement functions, with information as to their respective business addresses, agency codes and taxpayer identification numbers (TINs).
  • 20. RR 1-2013 January 23, 2013 ENROLLMENT FOR SYSTEM USAGE All NGAs notified are required to enroll first with the BIR’s eFPS facility and they shall be required to submit to the Revenue District Office where they are registered the names of two (2) authorized officers designated to file the required tax returns pursuant to Section 52 (A) of the Tax code (e.g. Head of Office and chief Accountant/Disbursement Officer).
  • 21. RR 1-2013 January 23, 2013 RETURNS COVERED BY ENROLLMENT NGAs mandated to file electronically thru the issuance of the Notification Letter shall file their tax returns via the eFPS, whether or not payment shall make use of eTRA. TIME OF FILING OF RETURNS AND PAYMENT OF TAX DUE Usually add five days on the due dates of manual filing of returns. For complete list of deadlines please refer to RR 1-2013 and RMC 23-2012 available on our website (www.bir.gov.ph).
  • 22. RMC 23-2012 February 14, 2012 Reiteration of the Officials and Employees of government Offices for the Withholding of applicable taxes on certain Income Payments and the Imposition of Penalties for Non-Compliance Thereof
  • 23. HISTORY EXECUTIVE ORDER N0 651 February 16, 1981 REQUIRING GOVERNMENT OFFICES, AGENCIES AND INSTRUMENTALITIES TO COMPLY STRICTLY WITH THE LAWS AND REGULATIONS ON WITHHOLDING OF TAXES
  • 24. EXECUTIVE ORDER N0. 651 ”directing all ministries, bureaus, offices, agencies and instrumentalities of the Philippines and provincial, city or municipal governments, as well as Government Owned and Controlled Corporations to comply strictly with the requirement for withholding and remittance of internal revenue taxes imposed by the NIRC.” “every ministry, agency, office, or instrumentality shall submit to the Bureau of Internal Revenue the name and position of the employee or officer charged with the duty to withhold and remit taxes, not later than sixty (60) days from the issuance of this Order and any change of designation thereafter shall be reported within ten (10) days from the date thereof.” “any employee or officer of any government office or agency, charged with the duty to withhold and remit internal revenue taxes within the time prescribe, is personally liable to surcharges and interests arising from delinquencies in withholding and remittance of taxes, in addition to a fine of not less than 5,000 pesos and an imprisonment of not less than one year nor more than two years.”
  • 25. WHO ARE THE RESPONSIBLE GOVERNMENT OFFICIALS (RMO 8-2003 – March 3, 2003) 1) Local Government Units: a) Provinces - Governor, Provincial Treasurer and Provincial Accountant b) Cities - Mayor, City Treasurer and City Accountant c) Municipalities - Mayor, Municipal Treasurer and Municipal Accountant d) Barangays - Barangay Captain and Barangay Treasurer
  • 26. WHO ARE THE RESPONSIBLE GOVERNMENT OFFICIALS (RMO 8-2003 – March 3, 2003) 2) National Government Agencies – Heads of Offices ( officials holding the highest position) and Chief accountants or other persons holding similar positions in departments, bureaus, agencies and instrumentalities officially designated as such by the head office. 3) Government Owned or Controlled Corporation (GOCC) – Heads of Offices (officials holding the highest position) and chief accountants or other person holding similar positions officially designated as such by the head of office. 4) Other Government Offices – Heads of Offices (official holding the highest position) and chief Accountants or other persons holding similar positions officially designated as such by the head of office.
  • 27. WHO ARE THE RESPONSIBLE GOVERNMENT OFFICIALS (RMO 8-2003 – March 3, 2003) 5) Government Offices with Decentralized accounting System and/or Branches/Regional Offices/District Offices Registered with their respective Revenue district Offices Heads of such Offices/Regional/District Offices (officials holding the highest position) and Chief Accountants or other persons holding similar positions officially designated as such by the head of office. (example: a) in case of BIR Regional Offices, it shall be the Regional Director and Chief, Finance Division and b) in case of DECS, the Regional Director and Chief, Budget & Finance Division).
  • 28. RESPONSIBILTY OF AGENCIES/OFFICES/GOCC’s/LGU’s (Memorandum – ACIR Collection Service July 22,2004) We are all directed to: - identify and submit an updated name of personnel charged with the duty to deduct, withhold and remit taxes withheld on Compensation, Expanded, Final and Gov’t Money Payments (GMP) on Percentage and Value added Tax including Franchise Tax. - submit the names of the incumbents of such positions to the Commissioner of Internal Revenue thru the Revenue District Office within thirty (30) days from receipt of such notification. Any change of such incumbents shall be reported, and names of the replacement submitted within ten (10) days from such change or replacement. Note: The designated official shall be personally liable for the additions to the tax prescribed in Chapter 1, Title X of the National Internal Revenue Code, as amended, for violations of withholding tax laws and regulations.
  • 29. RESPONSIBILTY OF AGENCIES/OFFICES/GOCC’s/LGU’s (Memorandum – ACIR Collection Service July 22,2004) ANNEX “B-1” REGISTRATION OF OFFICIAL DESIGNATED AS WITHHOLDING AGENTS FOR THE GOVERNMENT PURSUANT TO EXECUTIVE ORDER NO. 651
  • 30. ANNEX “B-1” REGISTRATION OF OFFICIAL DESIGNATED AS WITHHOLDING AGENTS FOR THE GOVERNMENT PURSUANT TO EXECUTIVE ORDER NO. 651 ____________ D a t e The Commissioner Bureau of Internal Revenue National Office Bldg., Diliman Quezon City ATTENTION: The Revenue District Officer Revenue District Office No. 55 San Pablo City Gentleman: In compliance with Executive Order No. 651, as implemented by Revenue Regulations No. 1-87, as amended by Revenue Regulation Nos. and 10-97, we are submitting the names of officials designated as withholding agents who are charged with the duty to withhold and remit taxes for: _____________________________________ ______________________________ (NAME OF GOVERNMENT OFFICE) (ADDRESS) NAME OF WITHHOLDING AGENT POSITION Name: __________________________________ A. Address: __________________________________ TIN: ___________________________________________ Head of Agency Mayor Governor B. Name: __________________________________ Address: __________________________________ TIN: ___________________________________________ Chief, Accountant City Treasurer Municipal Treasurer Provincial Treasurer Barangay Captain Barangay Treasurer DATE OF DESIGNATION: ________________________________ MONTH DAY YEAR These officials are personally liable for the additions to the tax prescribed in Chapter 1, Title X of the National Internal Revenue Code as amended. Very truly yours, __________________________________ SIGNATURE OVER PRINTED NAME ______________________ Position
  • 31. Responsibilities of the Government Officials/Employees as Withholding Agents (RMC 23-2012) 1. To register the government Office as withholding agent 2. To require employees to submit the duly accomplished Application for Registration (BIR Form 1902) for newly hired employees and BIR Form 2305 for updates within ten (10) days upon commencement of employment or after the change in exemption. 3. To withhold the correct amount of Tax 4. To remit on time taxes with held.
  • 32. Responsibilities of the Government Officials/Employees as Withholding Agents (RMC 23-2012) 5. To issue the corresponding certificates of taxes withheld 6. To do the year-end adjustment 7. To timely file with the BIR, the annual information return and alphabetical lists of employees/payees, if applicable.
  • 33. Responsibilities of the Government Officials/Employees as Withholding Agents (RMC 23-2012) PENALTIES 1. Additions to the Tax – Interest, surcharges, compromise penalties (Sec. 251, 249, 248, 252, 275) CRIMINAL LIABILITIES Sec. 255, 256, 272 and 275 of NIRC
  • 34. RR 5-2012 April 2, 2012 Binding Effect of Rulings Issued Prior to Tax Reform Act of 1997
  • 35. RR 5-2012 April 2, 2012 COVERAGE - All rulings issued prior to January 1, 1998 will no longer have any binding effect. Consequently , these rulings cannot be invoked as basis for any current business transaction/s. Neither can these rulings be used as basis for securing legal tax opinions/rulings. REPEALING CLAUSE - All existing rules and regulations or parts thereof which are inconsistent with the provisions of these Regulations are hereby amended , repealed or revoked accordingly.
  • 36. RMC 22-2012 Clarification on the Implementation of RR 5-2012
  • 37. RMC 22-2012 April 2, 2012 1. All BIR Rulings issued prior to Jan 1, 1998 are not to be used as precedent by any taxpayer as a basis to secure rulings for themselves for current business transaction/s or in support of their position against any assessment. 2. All BIR rulings issued prior to Jan 1, 1998 are not to be used by any BIR action lawyer in issuing new rulings for request for rulings involving current business transaction/s.
  • 38. RMC 22-2012 April 2, 2012 3. However, BIR Rulings issued prior to Jan 1, 1998 remains to be valid but only: a. To the taxpayer who was issued the ruling; and b. Covering the specific transaction/s which is the subject of the same ruling 4. BIR Rulings issued prior to Jan 1, 1998, shall remain valid as mentioned above, unless expressly notified of its revocation or unless the legal basis in law for such issuance has already been repealed/amended in the current Tax Code.