September 6, 1999REVENUE REGULATIONS NO. 12-99

As amended by Rev. Regs. No. 18-2013 (November 28, 2013)

SUBJECT : Implementing the Provisions of the National Internal Revenue Code of 1997Governing the Rules on Assessment of National Internal Revenue Taxes, Civil Penalties and Interest andthe Extra-judicial Settlement of a Taxpayer's Criminal Violation of the Code Through Payment of aSuggested Compromise PenaltyTO : All Internal Revenue Officers and Others ConcernedSECTION 1. Scope. Pursuant to the provisions of Section 244 , in relation to Section 245 of theNational Internal Revenue Code of 1997, these Regulations are hereby promulgated to implement theprovisions of Sections 6 , 7 , 204 , 228 , 247 , 248 and 249 on assessment of national internal revenuetaxes, fees and charges and to provide the rules governing the extra-judicial settlement of a taxpayer'scriminal violation of the said Code or any of its implementing Regulations through payment of asuggested compromise penalty.SECTION 2. General Principles. 2.1 The surcharge and/or interest herein prescribed shall apply to all taxes, fees and chargesimposed under the Code which shall be collected at the same time, in the same manner, and as part ofthe tax. cdasia2.2 In case the tax due from the taxpayer is paid on a partial or installment basis, the interest on thedeficiency tax or on the delinquency tax liability of the taxpayer shall be imposed from due date of thetax until full payment thereof. The interest shall be computed based on the diminishing balance of thetax, inclusive of interests.SEC. 3. Due Process Requirement in the Issuance of a Deficiency Tax Assessment. 3.1 Mode of procedure in the issuance of a deficiency tax assessment:3.1.1 Preliminary Assessment Notice (PAN). If after review and evaluation by the Commissioner orhis duly authorized representative, as the case may be, it is determined that there exists sufficient basisto assess the taxpayer for any deficiency tax or taxes, the said Office shall issue to the taxpayer aPreliminary Assessment Notice (PAN) for the proposed assessment. It shall show in detail the facts andthe law, rules and regulations, or jurisprudence on which the proposed assessment is based (seeillustration in ANNEX "A" hereof).If the taxpayer fails to respond within fifteen (15) days from date of receipt of the PAN, he shall beconsidered in default, in which case, a Formal Letter of Demand and Final Assessment Notice (FLD/FAN)shall be issued calling for payment of the taxpayer's deficiency tax liability, inclusive of the applicablepenalties.

If the taxpayer, within fifteen (15) days from date of receipt of the PAN, responds that he/it disagreeswith the findings of deficiency tax or taxes, an FLD/FAN shall be issued within fifteen (15) days fromfiling/submission of the taxpayer's response, calling for payment of the taxpayer's deficiency tax liability,inclusive of the applicable penalties.3.1.2 Exceptions to Prior Notice of the Assessment. Pursuant to Section 228 of the Tax Code, asamended, a PAN shall not be required in any of the following cases:(i) When the finding for any deficiency tax is the result of mathematical error in the computation ofthe tax appearing on the face of the tax return filed by the taxpayer; or(ii) When a discrepancy has been determined between the tax withheld and the amount actuallyremitted by the withholding agent; or(iii) When a taxpayer who opted to claim a refund or tax credit of excess creditable withholding taxfor a taxable period was determined to have carried over and automatically applied the same amountclaimed against the estimated tax liabilities for the taxable quarter or quarters of the succeeding taxableyear; or(iv) When the excise tax due on excisable articles has not been paid; or(v) When an article locally purchased or imported by an exempt person, such as, but not limited to,vehicles, capital equipment, machineries and spare parts, has been sold, traded or transferred to non-exempt persons.In the above-cited cases, a FLD/FAN shall be issued outright.3.1.3 Formal Letter of Demand and Final Assessment Notice (FLD/FAN). The Formal Letter ofDemand and Final Assessment Notice (FLD/FAN) shall be issued by the Commissioner or his dulyauthorized representative. The FLD/FAN calling for payment of the taxpayer's deficiency tax or taxesshall state the facts, the law, rules and regulations, or jurisprudence on which the assessment is based;otherwise, the assessment shall be void (see illustration in ANNEX "B" hereof).3.1.4 Disputed Assessment. The taxpayer or its authorized representative or tax agent may protestadministratively against the aforesaid FLD/FAN within thirty (30) days from date of receipt thereof. Thetaxpayer protesting an assessment may file a written request for reconsideration or reinvestigationdefined as follows:(i) Request for reconsideration refers to a plea of re-evaluation of an assessment on the basis ofexisting records without need of additional evidence. It may involve both a question of fact or of law orboth.(ii) Request for reinvestigation refers to a plea of re-evaluation of an assessment on the basis ofnewly discovered or additional evidence that a taxpayer intends to present in the reinvestigation. It mayalso involve a question of fact or of law or both.

The taxpayer shall state in his protest (i) the nature of protest whether reconsideration orreinvestigation, specifying newly discovered or additional evidence he intends to present if it is arequest for reinvestigation, (ii) date of the assessment notice, and (iii) the applicable law, rules andregulations, or jurisprudence on which his protest is based, otherwise, his protest shall be consideredvoid and without force and effect.If there are several issues involved in the FLD/FAN but the taxpayer only disputes or protests against thevalidity of some of the issues raised, the assessment attributable to the undisputed issue or issues shallbecome final, executory and demandable; and the taxpayer shall be required to pay the deficiency taxor taxes attributable thereto, in which case, a collection letter shall be issued to the taxpayer calling forpayment of the said deficiency tax or taxes, inclusive of the applicable surcharge and/or interest.If there are several issues involved in the disputed assessment and the taxpayer fails to state the facts,the applicable law, rules and regulations, or jurisprudence in support of his protest against some of theseveral issues on which the assessment is based, the same shall be considered undisputed issue orissues, in which case, the assessment attributable thereto shall become final, executory anddemandable; and the taxpayer shall be required to pay the deficiency tax or taxes attributable theretoand a collection letter shall be issued to the taxpayer calling for payment of the said deficiency tax,inclusive of the applicable surcharge and/or interest.For requests for reinvestigation, the taxpayer shall submit all relevant supporting documents in supportof his protest within sixty (60) days from date of filing of his letter of protest, otherwise, the assessmentshall become final. The term "relevant supporting documents" refer to those documents necessary tosupport the legal and factual bases in disputing a tax assessment as determined by the taxpayer. Thesixty (60)-day period for the submission of all relevant supporting documents shall not apply to requestsfor reconsideration. Furthermore, the term "the assessment shall become final" shall mean the taxpayeris barred from disputing the correctness of the issued assessment by introduction of newly discoveredor additional evidence, and the FDDA shall consequently be denied.If the taxpayer fails to file a valid protest against the FLD/FAN within thirty (30) days from date of receiptthereof, the assessment shall become final, executory and demandable. No request for reconsiderationor reinvestigation shall be granted on tax assessments that have already become final, executory anddemandable.If the protest is denied, in whole or in part, by the Commissioner's duly authorized representative, thetaxpayer may either: (i) appeal to the Court of Tax Appeals (CTA) within thirty (30) days from date ofreceipt of the said decision; or (ii) elevate his protest through request for reconsideration to theCommissioner within thirty (30) days from date of receipt of the said decision. No request forreinvestigation shall be allowed in administrative appeal and only issues raised in the decision of theCommissioner's duly authorized representative shall be entertained by the Commissioner.If the protest is not acted upon by the Commissioner's duly authorized representative within onehundred eighty (180) days counted from the date of filing of the protest in case of a requestreconsideration; or from date of submission by the taxpayer of the required documents within sixty (60)

days from the date of filing of the protest in case of a request for reinvestigation, the taxpayer mayeither: (i) appeal to the CTA within thirty (30) days after the expiration of the one hundred eighty (180)-day period; or (ii) await the final decision of the Commissioner's duly authorized representative on thedisputed assessment.If the protest or administrative appeal, as the case may be, is denied, in whole or in part, by theCommissioner, the taxpayer may appeal to the CTA within thirty (30) days from date of receipt of thesaid decision. Otherwise, the assessment shall become final, executory and demandable. A motion forreconsideration of the Commissioner's denial of the protest or administrative appeal, as the case maybe, shall not toll the thirty (30)-day period to appeal to the CTA.If the protest or administrative appeal is not acted upon by the Commissioner within one hundredeighty (180) days counted from the date of filing of the protest, the taxpayer may either: (i) appeal tothe CTA within thirty (30) days from after the expiration of the one hundred eighty (180)-day period; or(ii) await the final decision of the Commissioner on the disputed assessment and appeal such finaldecision to the CTA within thirty (30) days after the receipt of a copy of such decision.It must be emphasized, however, that in case of inaction on protested assessment within the 180-dayperiod, the option of the taxpayer to either: (1) file a petition for review with the CTA within 30 daysafter the expiration of the 180-day period; or (2) await the final decision of the Commissioner or his dulyauthorized representative on the disputed assessment and appeal such final decision to the CTA within30 days after the receipt of a copy of such decision, are mutually exclusive and the resort to one bars theapplication of the other.3.1.5 Final Decision on a Disputed Assessment (FDDA). The decision of the Commissioner or hisduly authorized representative shall state the (i) facts, the applicable law, rules and regulations, orjurisprudence on which such decision is based, otherwise, the decision shall be void (see illustration inANNEX "C" hereof), and (ii) that the same is his final decision.3.1.6 Modes of Service. The notice (PAN/FLD/FAN/FDDA) to the taxpayer herein required may beserved by the Commissioner or his duly authorized representative through the following modes:(i) The notice shall be served through personal service by delivering personally a copy thereof tothe party at his registered or known address or wherever he may be found. A known address shall meana place other than the registered address where business activities of the party are conducted or hisplace of residence.

In case personal service is not practicable, the notice shall be served by substituted service or bymail.(ii) Substituted service can be resorted to when the party is not present at the registered or knownaddress under the following circumstances:

The notice may be left at the party's registered address, with his clerk or with a person havingcharge thereof.

If the known address is a place where business activities of the party are conducted, the noticemay be left with his clerk or with a person having charge thereof.

If the known address is the place of residence, substituted service can be made by leaving thecopy with a person of legal age residing therein.

If no person is found in the party's registered or known address, the revenue officers concernedshall bring a barangay official and two (2) disinterested witnesses to the address so that they maypersonally observe and attest to such absence. The notice shall then be given to said barangay official.Such facts shall be contained in the bottom portion of the notice, as well as the names, official positionand signatures of the witnesses.

Should the party be found at his registered or known address or any other place but refuse toreceive the notice, the revenue officers concerned shall bring a barangay official and two (2)disinterested witnesses in the presence of the party so that they may personally observe and attest tosuch act of refusal. The notice shall then be given to said barangay official. Such facts shall be containedin the bottom portion of the notice, as well as the names, official position and signatures of thewitnesses.

"Disinterested witnesses" refers to persons of legal age other than employees of the Bureau ofInternal Revenue.(iii) Service by mail is done by sending a copy of the notice by registered mail to the registered orknown address of the party with instruction to the Postmaster to return the mail to the sender after ten(10) days, if undelivered. A copy of the notice may also be sent through reputable professional courierservice. If no registry or reputable professional courier service is available in the locality of theaddressee, service may be done by ordinary mail.

The server shall accomplish the bottom portion of the notice. He shall also make a writtenreport under oath before a Notary Public or any person authorized to administer oath under Section 14of the NIRC, as amended, setting forth the manner, place and date of service, the name of theperson/barangay official/professional courier service company who received the same and such otherrelevant information. The registry receipt issued by the post office or the official receipt issued by theprofessional courier company containing sufficiently identifiable details of the transaction shallconstitute sufficient proof of mailing and shall be attached to the case docket.Service to the tax agent/practitioner, who is appointed by the taxpayer under circumstances prescribedin the pertinent regulations on accreditation of tax agents, shall be deemed service to the taxpayer.SECTION 3. Due Process Requirement in the Issuance of a Deficiency Tax Assessment. 3.1 Mode of procedures in the issuance of a deficiency tax assessment:3.1.1 Notice for informal conference. The Revenue Officer who audited the taxpayer's recordsshall, among others, state in his report whether or not the taxpayer agrees with his findings that the

taxpayer is liable for deficiency tax or taxes. If the taxpayer is not amenable, based on the said Officer'ssubmitted report of investigation, the taxpayer shall be informed, in writing, by the Revenue DistrictOffice or by the Special Investigation Division, as the case may be (in the case Revenue Regional Offices)or by the Chief of Division concerned (in the case of the BIR National Office) of the discrepancy ordiscrepancies in the taxpayer's payment of his internal revenue taxes, for the purpose of "InformalConference," in order to afford the taxpayer with an opportunity to present his side of the case. If thetaxpayer fails to respond within fifteen (15) days from date of receipt of the notice for informalconference, he shall be considered in default, in which case, the Revenue District Officer or the Chief ofthe Special Investigation Division of the Revenue Regional Office, or the Chief of Division in the NationalOffice, as the case may be, shall endorse the case with the least possible delay to the AssessmentDivision of the Revenue Regional Office or to the Commissioner or his duly authorized representative, asthe case may be, for appropriate review and issuance of a deficiency tax assessment, if warranted.3.1.2 Preliminary Assessment Notice (PAN). If after review and evaluation by the AssessmentDivision or by the Commissioner or his duly authorized representative, as the case may be, it isdetermined that there exists sufficient basis to assess the taxpayer for any deficiency tax or taxes, thesaid Office shall issue to the taxpayer, at least by registered mail, a Preliminary Assessment Notice (PAN)for the proposed assessment, showing in detail, the facts and the law, rules and regulations, orjurisprudence on which the proposed assessment is based (see illustration in ANNEX A hereof). If thetaxpayer fails to respond within fifteen (15) days from date of receipt of the PAN, he shall be consideredin default, in which case, a formal letter of demand and assessment notice shall be caused to be issuedby the said Office, calling for payment of the taxpayer's deficiency tax liability, inclusive of the applicablepenalties. LibLex3.1.3 Exceptions to Prior Notice of the Assessment. The notice for informal conference and thepreliminary assessment notice shall not be required in any of the following cases, in which case,issuance of the formal assessment notice for the payment of the taxpayer's deficiency tax liability shallbe sufficient:(i) When the finding for any deficiency tax is the result of mathematical error in the computation ofthe tax appearing on the face of the tax return filed by the taxpayer; or(ii) When a discrepancy has been determined between the tax withheld and the amount actuallyremitted by the withholding agent; or(iii) When a taxpayer who opted to claim a refund or tax credit of excess creditable withholding taxfor a taxable period was determined to have carried over and automatically applied the same amountclaimed against the estimated tax liabilities for the taxable quarter or quarters of the succeeding taxableyear; or(iv) When the excise tax due on excisable articles has not been paid; or

(v) When an article locally purchased or imported by an exempt person, such as, but not limited to,vehicles, capital equipment, machineries and spare parts, has been sold, traded or transferred to non-exempt persons.3.1.4 Formal Letter of Demand and Assessment Notice. The formal letter of demand andassessment notice shall be issued by the Commissioner or his duly authorized representative. The letterof demand calling for payment of the taxpayer's deficiency tax or taxes shall state the facts, the law,rules and regulations, or jurisprudence on which the assessment is based, otherwise, the formal letter ofdemand and assessment notice shall be void (see illustration in ANNEX B hereof). The same shall be sentto the taxpayer only by registered mail or by personal delivery. If sent by personal delivery, the taxpayeror his duly authorized representative shall acknowledge receipt thereof in the duplicate copy of theletter of demand, showing the following: (a) His name; (b) signature; (c) designation and authority to actfor and in behalf of the taxpayer, if acknowledged received by a person other than the taxpayer himself;and (d) date of receipt thereof.3.1.5 Disputed Assessment. The taxpayer or his duly authorized representative may protestadministratively against the aforesaid formal letter of demand and assessment notice within thirty (30)days from date of receipt thereof. If there are several issues involved in the formal letter of demand andassessment notice but the taxpayer only disputes or protests against the validity of some of the issuesraised, the taxpayer shall be required to pay the deficiency tax or taxes attributable to the undisputedissues, in which case, a collection letter shall be issued to the taxpayer calling for payment of the saiddeficiency tax, inclusive of the applicable surcharge and/or interest. No action shall be taken on thetaxpayer's disputed issues until the taxpayer has paid the deficiency tax or taxes attributable to the saidundisputed issues. The prescriptive period for assessment or collection of the tax or taxes attributable tothe disputed issues shall be suspended. llcdThe taxpayer shall state the facts, the applicable law, rules and regulations, or jurisprudence on whichhis protest is based, otherwise, his protest shall be considered void and without force and effect. If thereare several issues involved in the disputed assessment and the taxpayer fails to state the facts, theapplicable law, rules and regulations, or jurisprudence in support of his protest against some of theseveral issues on which the assessment is based, the same shall be considered undisputed issue orissues, in which case, the taxpayer shall be required to pay the corresponding deficiency tax or taxesattributable thereto.The taxpayer shall submit the required documents in support of his protest within sixty (60) days fromdate of filing of his letter of protest, otherwise, the assessment shall become final, executory anddemandable. The phrase "submit the required documents" includes submission or presentation of thepertinent documents for scrutiny and evaluation by the Revenue Officer conducting the audit. The saidRevenue Officer shall state this fact in his report of investigation.If the taxpayer fails to file a valid protest against the formal letter of demand and assessment noticewithin thirty (30) days from date of receipt thereof, the assessment shall become final, executory anddemandable.

If the protest is denied, in whole or in part, by the Commissioner, the taxpayer may appeal to the Courtof Tax Appeals within thirty (30) days from date of receipt of the said decision, otherwise, theassessment shall become final, executory and demandable.In general, if the protest is denied, in whole or in part, by the Commissioner or his duly authorizedrepresentative, the taxpayer may appeal to the Court of Tax Appeals within thirty (30) days from date ofreceipt of the said decision, otherwise, the assessment shall become final, executory and demandable:Provided, however, that if the taxpayer elevates his protest to the Commissioner within thirty (30) daysfrom date of receipt of the final decision of the Commissioner's duly authorized representative, thelatter's decision shall not be considered final, executory and demandable, in which case, the protestshall be decided by the Commissioner. cdtaiIf the Commissioner or his duly authorized representative fails to act on the taxpayer's protest withinone hundred eighty (180) days from date of submission, by the taxpayer, of the required documents insupport of his protest, the taxpayer may appeal to the Court of Tax Appeals within thirty (30) days fromthe lapse of the said 180-day period, otherwise, the assessment shall become final, executory anddemandable.3.1.6 Administrative Decision on a Disputed Assessment. The decision of the Commissioner or hisduly authorized representative shall (a) state the facts, the applicable law, rules and regulations, orjurisprudence on which such decision is based, otherwise, the decision shall be void (see illustration inANNEX C hereof), in which case, the same shall not be considered a decision on a disputed assessment;and (b) that the same is his final decision.3.1.7 Constructive Service. If the notice to the taxpayer herein required is served by registeredmail, and no response is received from the taxpayer within the prescribed period from date of theposting thereof in the mail, the same shall be considered actually or constructively received by thetaxpayer. If the same is personally served on the taxpayer or his duly authorized representative who,however, refused to acknowledge receipt thereof, the same shall be constructively served on thetaxpayer. Constructive service thereof shall be considered effected by leaving the same in the premisesof the taxpayer and this fact of constructive service is attested to, witnessed and signed by at least two(2) revenue officers other than the revenue officer who constructively served the same. The revenueofficer who constructively served the same shall make a written report of this matter which shall formpart of the docket of this case (see illustration in ANNEX D hereof).SECTION 4. Civil Penalties. 4.1 Twenty-Five Percent (25%) Surcharge. There shall be imposed, in addition to the basic taxrequired to be paid, a penalty equivalent to twenty-five percent (25%) thereof, in any the followingcases:4.1.1 Failure to file any return and pay the tax due thereon as required under the provisions of thisCode or rules and regulations on the date prescribed; or

4.1.2 Unless otherwise authorized by the Commissioner, filing a return with an internal revenueofficer other than those with whom the return is required to be filed; or4.1.3 Failure to pay the deficiency tax within the time prescribed for its payment in the notice ofassessment; or4.1.4 Failure to pay the full or part of the amount of tax shown on any return required to be filedunder the provisions of this Code or rules and regulations, or the full amount of tax due for which noreturn is required to be filed, on or before the date prescribed for its payment. cdasia4.2 Fifty Percent (50%) Surcharge:4.2.1 In case of willful neglect to file the return within the period prescribed by the Code, or in case afalse or fraudulent return is willfully made, the penalty to be imposed shall be fifty percent (50%) of thetax or of the deficiency tax, in case any payment has been made on the basis of such return before thediscovery of the falsity or fraud: Provided, That a substantial underdeclaration of taxable sales, receiptsor income, or a substantial overstatement of deductions, as determined by the Commissioner or his dulyauthorized representative, shall constitute prima facie evidence of a false or fraudulent return:Provided, further, That failure to report sales, receipts or income in an amount exceeding thirty percent(30%) of that declared per return, and a claim of deductions in an amount exceeding thirty percent(30%) of actual deductions, shall render the taxpayer liable for substantial underdeclaration of sales,receipts or income or for overstatement of deductions, as mentioned herein: Provided, further, that theterm "willful neglect to file the return within the period prescribed by the Code" shall not apply in casethe taxpayer, without notice from the Commissioner or his authorized representative, voluntarily filesthe said return, in which case, only 25% surcharge shall be imposed for late filing and late payment ofthe tax in lieu of the above 50% surcharge. Conversely, the 50% surcharge shall be imposed in case thetaxpayer files the return only after prior notice in writing from the Commissioner or his duly authorizedrepresentative.4.2.2 Section 6 (A) of the Code provides that any tax return filed by a taxpayer "may be modified,changed or amended" by the taxpayer "within three (3) years from date of such filing" provided,however, that "no notice for audit or investigation of such return, statement or declaration has, in themeantime, been actually served upon the taxpayer." Thus, if upon investigation, it is determined thatthe taxpayer's originally filed tax return is false or fraudulent, such taxpayer shall remain liable to the50% civil penalty regardless that the taxpayer has filed his amended tax return, if the said amended taxreturn, however, has been filed only after issuance of the Letter of Authority for the investigation of thetaxpayer's tax return or such amendment has been made in the course of the said investigation. cdaSECTION 5. Mode of Procedures in Computing for the Tax and/or Applicable Surcharge. Shownhereunder are illustrative cases for the computation and assessment of the tax, inclusive of surcharge (ifapplicable) and interest:5.1 Late filing and late payment of the tax. Illustration: Income tax return for the calendar year1998 was due for filing on April 15, 1999 but the taxpayer voluntarily filed his tax return, without notice

from the BIR, only on June 30, 1999. The tax due per return amounts to P100,000. In this case, thetaxpayer shall be liable for delinquency penalties consisting of 25% surcharge, plus 20% interest perannum, computed from due date of the tax until date of payment, computed as follows:Calendar Year 1998Income tax due per return P100,000.00Add: 25% surcharge for late filing and latepayment (P100,000.00 times 25%) P25,000.0020% int. p.a. from 4-15-99 to 6-30-99(P100,000.00 times .0415524) P4,155.24 P29,155.24

Total amount due (excluding suggested compromise forlate filing and late payment of the tax) P129,155.24

=========Only one 25% surcharge shall be imposed for late filing of the return and late payment of the tax.5.2 The tax return is filed on time but filed through an internal revenue officer other than withwhom the return is required to be filed. Illustration: The taxpayer's 1998 income tax return isrequired to be filed through the authorized agent bank under the jurisdiction of RDO East Makati. But,without prior authorization from the BIR, the taxpayer filed his tax return and paid the tax through theauthorized agent bank under the jurisdiction of RDO Davao City. Tax due and paid per return isP100,000.00.Calendar Year 1998Income tax due per return P100,000.00Add: 25% surcharge P25,000.00

Total amount due P125,000.00Less: Amount paid P100,000.00

Amount still due P25,000.00

=========5.3 Late filing and late payment due to taxpayer's willful neglect. Illustration: The taxpayer didnot file his income tax return for the calendar year 1997 which was due for filing on April 15, 1998. Hewas notified by the BIR of his failure to file the tax return, for which reason, he filed his tax return andpaid the tax, only after the said notice, on June 30, 1999. The tax due per return is P100,000.00.Calendar Year 1997Income tax due per return P100,000.00Add: 50% surcharge for willful neglect tofile the return and late payment of the tax(P100,000 times 50%) P50,000.0020% int. p.a. fr. 4-15-98 to 6-30-99(P100,000.00 times .2415524) P24,155.24 P74,155.24

Total amount due (excluding suggested compromisefor late filing and late payment of the tax) P174,155.24

=========5.4 Penalty or penalties for deficiency tax. As a rule, no surcharge is imposed on deficiency taxand on the basic tax. However, if the amount due inclusive of penalties is not paid on or before the duedate stated on the demand letter, the corresponding surcharge shall be imposed.Illustration No. 1: Taxpayer filed on time his income tax return for calendar year 1997 and paidP100,000.00 on April 15, 1998. Upon pre-audit of his return, it was disclosed that he erroneouslycomputed the tax due. The correct amount of tax due is P120,000.00. The taxpayer is assessed fordeficiency income tax in a letter of demand and assessment notice issued on June 30, 1999. LLprCalendar Year 1997Tax due per pre-audit P120,000.00Less: Amount assessed and paid per tax return filed P100,000.00

Deficiency income tax P20,000.00Add: 20% int. p.a. from 4-15-98 to 6-30-99

(P20,000.00 times .2415524) P4,831.05

Amount still due P24,831.05=========

Illustration No. 2: ABC CORPORATION filed its income tax return for calendar year 1997 and paid on timeits income tax shown thereunder, amounting to P100,000. Said taxpayer was investigated. Uponverification of its accounting records, it was disclosed that its deduction, from gross income, ofrepresentation expenses in the amount of P200,000.00 did not meet all the statutory requisites fordeductibility. The corporation was duly notified of the said discrepancy through a PreliminaryAssessment Notice. Based on the 35% income tax rate on corporations applicable in the year 1997, theincome tax due after investigation amounts to P170,000.00. After deduction of income tax paid perreturn filed, the basic deficiency income tax amounts to P70,000, excluding penalties. Failing to proteston time against the preliminary assessment notice, a formal letter of demand and assessment noticewas issued on May 31, 1999, requiring payment of the assessment not later than June 30, 1999.Calendar Year 1997Income tax due per investigation P170,000.00Less: Income tax paid per returnP100,000.00

Deficiency income tax P70,000.00Add: 20% int. p.a. fr. 4-15-98 to 6-30-99 (P70,000 times .2415524) P16,908.67

Total amount still due P86,908.67

=========Illustration No. 3: XYZ CORPORATION filed its income tax return for calendar year 1997 with a nettaxable income of P500,000.00. At the applicable income tax rate of 35% for the year 1997, its incometax amounted to P175,000.00. However, upon investigation, it was disclosed that its income tax returnwas false or fraudulent because it did not report a taxable income amounting to another P500,000.00.On its net income of P1,000,000.00, per investigation, the income tax due is P350,000.00. Deducting itspayment per return filed, the deficiency, excluding penalties, amounted to P175,000.00. It was dulyinformed of this finding through a Preliminary Assessment Notice. Failing to protest on time against thepreliminary assessment notice, a formal letter of demand and assessment notice was issued on May 31,1999 calling for payment of the deficiency income tax on or before June 30, 1999. llcd

In this case, said corporation is liable for the civil penalties of 50% surcharge for having filed a false orfraudulent return, plus 20% interest per annum on the deficiency, computed as follows:Calendar Year 1997Income tax due per investigation P350,000.00Less: Income tax paid per returnP175,000.00

Deficiency income tax P175,000.00Add: 50% surcharge for filing a fraudulent or falsereturn (P175,000.00 times 50%) P87,500.0020% int. p.a. fr. 4-15-98 to 6-30-99(P175,000.00 times .2415524) P42,271.67 P129,771.67

Total amount due P304,771.67

=========5.5 Late payment of a deficiency tax assessed. In general, the deficiency tax assessed shall bepaid by the taxpayer within the time prescribed in the notice and demand, otherwise, such taxpayershall be liable for the delinquency interest incident to late payment.Illustration 1: Based on the above Illustration No. 3, Scenario 4, assuming that the calendar year 1997deficiency income tax assessment against XYZ CORPORATION, in the amount of P304,771.67, is not paidby June 30, 1999, the deadline for payment of the assessment, and assuming further that thisassessment has already become final and collectible. In this case, such corporation shall be consideredlate in payment of the said assessment. Assuming, further, that the corporation pays its tax assessmentonly by July 31, 1999, the delinquency interest for late payment shall be computed as follows:

Calendar Year 1997Income tax due per investigation P350,000.00Less: Income tax paid per return P175,000.00

Deficiency income tax P175,000.00Add: 50% surcharge for filing a

fraudulent or false return(P175,000.00 times 50%) P87,500.0020% int. p.a. fr. 4-15-98 to 7-31-99(P175,000.00 times .258630) P45,260.27

Total amount due P307,760.27Add: 20% delinquency interest p.a. from 7-1-99 to

7-31-99Basic Tax 175,000.00Surcharge 87,500.0020% int. p.a. fr. 4-15-98to 6-30-99 42,271.67

Total 304,771.67

(P304,771.67 times .0166667) P5,079.54

Total amount due (excluding suggested compromisepenalty for late payment) P312,839.81

==========Illustration 2: Based on the immediately preceding Illustration, assuming that the calendar year 1997deficiency income tax assessment against XYZ CORPORATION, in the amount of P304,771.67, is not paidby June 30, 1999, the deadline for payment of the assessment but is instead timely protested. Assumingfurther that after exhaustion of all administrative remedies, the assessment was upheld and becamefinal, executory and demandable on July 1, 2000. However, payment was made by the taxpayer only onJune 30, 2002. In this case, such corporation shall be considered late in payment of the said assessment.The civil penalties for late payment shall be computed as follows:

Calendar Year 1997Income tax due per investigation P350,000.00

Less: Income tax paid per return P175,000.00

Deficiency income tax P175,000.00Add: 50% surcharge for filing a

fraudulent or false return(P175,000.00 times 50%) P87,500.0020% int. p.a. fr. 4-15-98 to 6-30-2002(P175,000.00 times .841644) P147,287.70

Total amount due P409,787.70Add: 20% delinquency interest p.a. from 7-2-2000 to

6-30-2002Basic Tax 175,000.00Surcharge 87,500.0020% int. p.a. fr. 4-15-98to 7-1-00 (.4427397) 77,479.45

Total 339,979.45

(P339,979.45 times .3989041) P135,619.20

Total amount due (excluding suggested compromisepenalty for late payment) P545,406.90

==========Illustration 3: Assuming that in calendar year 1997, XYZ CORPORATION filed a false or fraudulent returnand was assessed of deficiency basic income tax amounting to Php100,000. Assuming further that XYZCORPORATION timely protested the said assessment. After exhaustion of all administrative remedies,

the assessment was upheld and became final, executory and demandable on April 15, 2001. However,payment was made by the taxpayer only on April 15, 2003.In this case, such corporation shall be considered late in payment of the said assessment. The civilpenalties for late payment shall be computed as follows:

Calendar Year 1997Total deficiency income tax assessment P100,000.00Add: 50% surcharge for filing a

fraudulent or false return P50,000.0020% interest p.a. from 4-15-1998 to4-15-2003 (P100,000 x 20% x 5) P100,000.00Delinquency Interest20% interest p.a. from 4-15-2001 to 4-15-2003Basic Tax 100,000.00Surcharge 50,000.0020% int. p.a. fr. 4-15-98to 4-15-01 60,000.00

Total 210,000.00

(P210,000.00 x 20% x 2) P84,000.00

Total Amount Due as of April 15, 2003 (excluding suggested compromise penalty for late payment)P334,000.00

5.5 Late payment of a deficiency tax assessed. In general, the deficiency tax assessed shall bepaid by the taxpayer within the time prescribed in the notice and demand, otherwise, such taxpayershall be liable for the civil penalties incident to late payment.Illustration: Based on the above Illustration No. 3, Scenario 4, assuming that the calendar year 1997deficiency income tax assessment against XYZ CORPORATION, in the amount of P304,771.67, is not paidby June 30, 1999, the deadline for payment of the assessment, and assuming further that thisassessment has already become final and collectible. In this case, such corporation shall be considered

late in payment of the said assessment. Assuming, further, that the corporation pays its tax assessmentonly by July 31, 1999, the civil penalties for late payment shall be computed as follows:Calendar Year 1997Total deficiency income tax assessed on May 31, 1999 P304,771.67Add: 25% surcharge for late payment(P304,771.67 times 25%) P76,192.9220% interest p.a. from 7-1-99 to7-31-99 (P304,771.67times .0166667) P5,079.54 P81,272.46

Total amount due (excluding suggested compromisepenalty for late payment) P386,044.13

=========5.6 Computation of 20% interest per annum in case of partial or installment payment of a taxliability. Illustration No. 1: In case extended payment of the tax is duly authorized. DEFCORPORATION, due to financial incapacity, requested that it be allowed to pay its income tax liabilityper return for calendar year 1998, in the amount of P1,000,000.00, in four (4) monthly installments,starting April 15, 1999. Its request has been duly approved pursuant to Sec. 53 of the Tax Code.In this case, no 25% surcharge shall be imposed for late payment of the tax since its deadline forpayment has been duly extended. However, 20% interest per annum for the extended payment shall beimposed, computed based on the diminishing balance of the "unpaid amount", pursuant to theprovisions of Section 249 (D) of the Code.No 25% surcharge on extended payment shall be imposed provided, however, that the taxpayer'srequest for extension of the period within which to pay is made on or before the deadline prescribed forpayment of the tax due. Conversely, if such request is made after the deadline prescribed for payment,the taxpayer shall already be treated late in payment, in which case, the 25% surcharge shall beimposed, even if payment of the delinquency be allowed in partial amortization. cdasiaExample:Calendar Year 1998Income tax due per return P1,000,000.00

Less: 1st installment of the tax on or before 4-15-99 P250,000.00

Balance as of 4-15-99 P750,000.00Add: 20% int. p.a. from 4-15-99 to 5-15-99(P750,000.00 times .0166667) P12,500.03

Amount due on 5-15-99P762,500.03Less: 2nd installment on 5-15-99 (P250,000.00 plusP12,500.03 interest) P262,500.03

Balance as of 5-15-99 P500,000.00Add: 20% int. p.a. from 5-15-99 to 6-15-99(P500,000.00 times .0166667) P8,333.35

Amount due on 6-15-99P508,333.35Less: 3rd installment on 6-15-99 (P250,000.00 plusP8,333.35 interest) P258,333.35

Balance as of 6-15-99 P250,000.00Add: 20% int. p.a. from 6-15-99 to 7-15-99(P250,000.00 times .0166667) P4,166.68

4th and final installment on 7-15-99 P254,166.68

===========Illustration No. 2: Computation of tax delinquency in case of partial payment of the tax due withoutprior BIR authorization for extended payment.

Example: GHI CORPORATION did not file its final adjustment income tax return for the calendar year1998 which was due on April 15, 1999. The BIR informed the corporation of its failure to file its said taxreturn and required that it file the same, inclusive of the 25% surcharge and 20% interest per annumpenalties incident to the said omission. On May 15, 1999 it advised that its income tax due for the saidyear amounts to P1,000,000.00 but, however, due to its adverse financial condition at the moment, itwill be unable to pay the entire amount, inclusive of the delinquency penalties. Hence, on May 15, 1999,it made a partial payment of P400,000.00. Assuming that the BIR demanded payment of the unpaidbalance of its tax obligation payable by June 15, 1999, the unpaid balance of the corporation'sdelinquent income tax shall be computed as follows:Calendar Year 1998Income tax due per return P1,000,000.00Add: 25% surcharge for late filing andlate payment P250,000.0020% interest per annum from 4-15-99to 5-15-99 (P1,000,000.00times .0166667) P16,666.70 P266,666.70

Amount due as of 5-15-99 P1,266,666.70Less: Partial payment on 5-15-99 P400,000.00

Balance as of 5-15-99 P866,666.70Add: 20% interest per annum from 5-15-99to 6-15-99 (P866,666.70 times .0166667) P14,444.47

Amount still due (exclusive of the suggested compromisepenalty for late filing and late payment P811,111.17

=========If the said taxpayer fails to pay the amount of P811,111.17 by June 15, 1999, no further 25% surchargefor late payment of the tax shall be imposed. Instead, only the 20% interest per annum shall be imposed

against the taxpayer against the taxpayer, computed from due date thereof (i.e., June 15, 1999) untilpaid. If said taxpayer pays the same on partial payment basis, the 20% interest per annum shall becomputed on the diminishing balance thereof, pursuant to the procedures in the preceding IllustrationNo. 1, Section 6.6 hereof.SECTION 6. Suggested Compromise Penalty in Extra-judicial Settlement of a Taxpayer's CriminalViolation. Section 204 of the Tax Code of 1997 provides that "All criminal violations may becompromised except: (a) those already filed in court, or (b) those involving fraud." This means that, ingeneral, the taxpayer's criminal liability arising from his violation of the pertinent provision of the Codemay be settled extra-judicially instead of the BIR instituting against the taxpayer a criminal action inCourt. A compromise in extra-judicial settlement of the taxpayer's criminal liability for his violation isconsensual in character, hence, may not be imposed on the taxpayer without his consent. Hence, theBIR may only suggest settlement of the taxpayer's liability through a compromise. prLLThe extra-judicial settlement of the taxpayer's criminal liability and the amount of the suggestedcompromise penalty shall conform with the schedule of compromise penalties provided under RevenueMemorandum Order No. 1-90 or as hereafter revised.SECTION 7. Repealing Clause. Any revenue issuance which is inconsistent herewith shall beconsidered repealed, amended, or modified accordingly.SECTION 8. Effectivity. 8.1 General Rule. In general, the provisions of these Regulations shall be effective beginningJanuary 1, 1998 pursuant to the provisions of Section 8 of R.A. No. 8424, otherwise known as theNational Internal Revenue Code of 1997.8.2 Computation of Surcharge and Interest on Deficiency Tax Assessment. Any deficiency taxassessment issued beginning January 1, 1998 shall be governed by the rules prescribed in theseRegulations. cda8.3 Other Provisions. Any provision of these Regulations not otherwise specifically provided inthe National Internal Revenue Code of 1997 shall take effect fifteen (15) days after publication in anynewspaper of general circulation.(SGD.) EDGARDO B. ESPIRITUSecretary of FinanceRecommending Approval:(SGD.) BEETHOVEN L. RUALOCommissioner of Internal RevenueANNEX A

Preliminary Assessment NoticeABC Corporation123 Makati AvenueMakati CityTIN: 000-000-000-000Gentlemen :Please be informed that after investigation there has been found due from you deficiency income tax forcalendar year 1997, as shown hereunder:Assessment No. _______Taxable income per return P1,000,000.00Add: Discrepancies per investigation1. Undeclared rental income P200,000.002. Non-deductible interest expenses 300,000.003. Undocumented representation expenses 150,000.004. Non-deductible bad debt expense 250,000.00 900,000.00

Taxable income per investigation P1,900,000.00

Income tax due thereon (35%) P665,000.00Less: Income tax paid per return350,000.00

BalanceP315,000.00Add: 50% surcharge for filing of fraudulent return P157,500.0020% interest per annum from 4-15-96 to 3-15-98 63,000.00 220,500.00*

TOTAL AMOUNT DUE P535,500.00*

*Please note that the interest and the total amount due will have to be adjusted if paid beyond 3-15-98The complete details covering the aforementioned discrepancies established during the investigation ofthis case are shown in the accompanying ANNEX A-1 of this letter of demand. cdasiaThe 50% surcharge has been imposed pursuant to the provisions of Section 248(B) of the NationalInternal Revenue Code, as amended by R.A. No. 8424, which took effect on January 1, 1998, in view ofyour failure to report for income tax purposes your aforementioned rental income. Such omissionrenders your income tax return filed for the taxable calendar year 1997 as a false or fraudulent return.The 20% interest per annum has been imposed pursuant to the provisions of Section 249(B) of the saidCode.Pursuant to the provisions of Section 228 of the National Internal Revenue Code of 1997 and itsimplementing Revenue Regulations, you are hereby given the opportunity to present in writing your sideof the case within fifteen (15) days from receipt hereof. If we fail to hear from you within the saidperiod, you shall be considered in default, in which case, a formal letter of demand and assessmentnotice shall be issued by this Office calling for payment of your aforesaid deficiency income tax, inclusiveof the aforementioned civil penalty and interest.We hope that you will give this matter your preferential attention.Very truly yours,ANNEX A-1ABC CORPORATION123 Makati AvenueMakati CityTIN: 000-000-000-000DETAILS OF DISCREPANCIESAssessment No. ________1. Undeclared rental income (P200,000.00). Verification disclosed that you derived this rentalincome from the lease of your building to XYZ CORPORATION during the tax year 1997 but the same,without any legal justification, was neither recorded in your books of accounts nor declared in yourincome tax return, thereby resulting to the understatement of your reported taxable income for the saidtax year.2. Non-deductible interest expense (P300,000.00). Verification disclosed that this interestexpense, claimed as deduction from your gross income for the tax year 1997, was actually incurred inconnection with your loan from Mr. JUAN CASTRO. It was, however, further disclosed that Mr. Castro

owns and controls 60% of your outstanding capital stock. Hence, this interest expense is not a validdeduction from your gross income, pursuant to Section 34(B)(2), in relation to Section 36(B)(2) of theNational Internal Revenue Code which provides that no deduction shall be allowed in respect of interestexpense incurred between an individual and a corporation more than fifty percent (50%) in value of theoutstanding stock of which is owned, directly or indirectly, by or for such individual. LexLib3. Undocumented representation expenses (P50,000.00). Verification disclosed that this item ofdeduction from your gross income for the tax year 1997 is in fact unsubstantiated with any documentaryevidence, hence, disallowed in audit.4. Non-deductible bad debt expense (P250,000.00). Verification disclosed that this item ofdeduction from your gross income for the tax year 1997 was, in fact, a mere provision for estimateduncollectible accounts from your customers as of the end of the said year. Under Section 34(E) of thesaid Code, a mere provision for estimated uncollectible accounts is not allowable deduction from grossincome. In general, for bad debts to be deductible, the following statutory requisites must have beencomplied with:4.1 That, the debts due from your debtor or debtors must have been ascertained actually worthlessas of the end of the taxable year; and4.2 That, the same have been actually charged or written-off in your books of accounts as of theend of the said taxable year.4.3 That, the said accounts receivable have actually been charged off or written-off the books ofaccounts as of the end of the taxable year.The records of this case disclosed that you have not introduced any evidence to overthrow the validityof our said findings.It is requested that your aforesaid deficiency income tax liability be paid immediately upon receipthereof, inclusive of penalties incident to delinquency. This is our final decision. If you disagree, you mayappeal this final decision with the Court of Tax Appeals within thirty (30) days from date of receipthereof, otherwise our said deficiency income tax assessment shall become final, executory anddemandable.Very truly yours,ANNEX BFORMAL LETTER OF DEMANDABC Corporation123 Makati AvenueMakati City

TIN: 000-000-000-000Gentlemen :Please be informed that after investigation there has been found due from you deficiency income tax forcalendar year 1997, as shown hereunder:Assessment No. _______Taxable income per return P1,000,000.00Add: Discrepancies per investigation1. Undeclared rental income P200,000.002. Non-deductible interest expenses 300,000.003. Undocumented representation expenses 150,000.004. Non-deductible bad debt expense 250,000.00 900,000.00

Taxable income per investigation P1,900,000.00

Income tax due thereon (35%) P665,000.00Less: Income tax paid per return350,000.00

BalanceP315,000.00Add: 50% surcharge for filing of fraudulent return P157,500.0020% interest per annum from 4-15-96 to 3-15-98 63,000.00 220,500.00*

TOTAL AMOUNT DUE P535,500.00**Please note that the interest and the total amount due will have to be adjusted if paid beyond 3-15-98The complete details covering the aforementioned discrepancies established during the investigation ofthis case are shown in the accompanying SCHEDULE 1 of this letter of demand.The 50% surcharge has been imposed pursuant to the provisions of Section 248(B) of the NationalInternal Revenue Code, as amended by R.A. No. 8424, which took effect on January 1, 1998, in view of

your failure to report for income tax purposes your aforementioned rental income. Such omissionrenders your income tax return filed for the taxable calendar year 1997 as a false or fraudulent return.cdllThe 20% interest per annum has been imposed pursuant to the provisions of Section 249(B) of the saidCode.In view thereof, you are requested to pay your aforesaid deficiency income tax liability through the dulyauthorized agent bank in which you are enrolled within the time shown in the enclosed assessmentnotice.Very truly yours,ANNEX CABC Corporation123 Makati AvenueMakati CityTIN: 000-000-000-000FINAL DECISION ON DISPUTED ASSESSMENTGentlemen :Referring to your letter dated May 15, 1999, please be informed that your protest against our calendaryear 1997 deficiency income tax assessment in the amount of P535,500.00, the subject matter of ourcovering letter of demand dated March 15, 1999, is hereby denied for lack of factual and legal basis. Theaforesaid assessment is premised on the following:1. Undeclared rental income (P200,000.00). Verification disclosed that you derived income fromthe lease of your building to XYZ Corporation during the year 1997 but this was not recorded in yourbooks of accounts and also not reported in your income tax return.2. Non-deductible interest expense deduction (P300,000.00). Verification disclosed that thisinterest expenses was incurred in connection with your loan from MR. JUAN CASTRO. It was alsodisclosed that Mr. Castro owns 60% of the outstanding stock of ABC Corporation. Hence the said interestexpense is non-deductible in computing ABC Corporation's taxable income pursuant to Section34(B)(2)(a), in relation to Section 36(B)(2) of the NIRC, that interest paid on a loan transaction betweenan individual and a corporation more than fifty percent (50%) in value of the outstanding stock of whichis owned, directly or indirectly, by or for such individual shall be deductible from gross income forincome tax purposes. cdasia

3. Undocumented representation expenses (P150,000.00). Verification disclosed that theveracity of this item of deduction has not been established, hence, disallowed as a deduction from grossincome.4. Non-deductible bad debt expense (P250,000.00). Verification disclosed that this was a mereprovision for estimated collectible accounts as of the end of the year 1997. Under Section 34(E), NIRC, amere provision for estimated uncollectible accounts is not deductible from gross income. To bedeductible, two requisites must be met:4.1 That, the debts due from your debtor/s (accounts receivable) have been ascertained actuallyworthless as of the end of the taxable year; and4.2 That, the said accounts receivable have actually been charged off or written-off the books ofaccounts as of the end of the taxable year.The records of this case disclosed that you have not introduced any evidence to overthrow the validityof our said findings. dctaiIt is requested that your aforesaid deficiency income tax liability be paid immediately upon receipthereof, inclusive of penalties incident to delinquency. This is our final decision. If you disagree, you mayappeal this final decision with the Court of Tax Appeals within thirty (30) days from date of receipthereof, otherwise our said deficiency income tax assessment shall become final, executory anddemandable.Very truly yours,ANNEX DCONSTRUCTIVE SERVICE OF NOTICE/SMEMORANDUM FOR:The Commissioner/Regional DirectorThru ChannelSUBJECT :Name of Taxpayer: __________________Address: __________________T.I.N.: __________________Kind of Taxes: __________________Amount: P_________________

This is to report that I/We personally served on the subject taxpayer at the above given address on______________, 1999, the formal letter of demand and assessment notice, dated _______________,1999, calling for payment of his/its above stated tax liability. However, the taxpayer refused toacknowledge receipt thereof. I/We also tried to serve the same on___________________________________, the taxpayer's duly authorized representative, but the latterlikewise refused to acknowledge receipt thereof.Due to the foregoing, the said formal letter of demand and assessment notice were constructivelydelivered by leaving the same conspicuously at the taxpayer's residence/place of business at_____________________, on ____________, 1999._______________________Revenue Officer

_________________________ _________________________Name and Signature of Witness Name and Signature of Witness_________________________ _________________________Designation Designation