AN ACT AMENDING
THE NATIONAL INTERNAL REVENUE CODE, AS AMENDED,
AND FOR OTHER
OFFENSES AND PENALTIES
247. General Provisions. -
(a) The additions to
the tax or deficiency tax prescribed in this Chapter shall apply to all
fees and charges imposed in this Code. The Amount so added to the tax shall
at the same time, in the same manner and as part of the tax.
(b) If the withholding
agent is the Government or any of its agencies, political subdivisions
or instrumentalities, or a government-owned or controlled corporation,
thereof responsible for the withholding and remittance of the tax shall
be personally liable
for the additions to the tax prescribed herein.
(c) the term "person",
as used in this Chapter, includes an officer or employee of a corporation
who as such officer, employee or member is under a duty to perform the
act in respect of
which the violation occurs.
248. Civil Penalties. -
(A) There shall be
imposed, in addition to the tax required to be paid, a penalty equivalent
to twenty-five percent (25%) of the amount due, in the following cases:
(1) Failure to file
any return and pay the tax due thereon as required under the
provisions of this Code or rules and regulations on the date prescribed;
(2) Unless otherwise
authorized by the Commissioner, filing a return with an
internal revenue officer other than those with whom the return is required
to be filed; or
(3) Failure to pay
the deficiency tax within the time prescribed for its payment in the
notice of assessment; or
(4) Failure to pay
the full or part of the amount of tax shown on any return required
to be filed under the provisions of this Code or rules and regulations,
or the full
amount of tax due for which no return is required to be filed, on or before
date prescribed for its payment.
(B) In case of willful
neglect to file the return within the period prescribed by this Code or
rules and regulations, or in case a false or fraudulent return is willfully
made, the penalty
to be imposed shall be fifty percent (50%) of the tax or of the deficiency
tax, in case,
any payment has been made on the basis of such return before the discovery
falsity or fraud: Provided, That a substantial underdeclaration
of taxable sales, receipts
or income, or a substantial overstatement of deductions, as determined
Commissioner pursuant to the rules and regulations to be promulgated by
of Finance, shall constitute prima facie evidence of a false or fraudulent
further, That failure to report sales, receipts or income in an amount
percent (30%) of that declared per return, and a claim of deductions in
exceeding (30%) of actual deductions, shall render the taxpayer liable
underdeclaration of sales, receipts or income or for overstatement of deductions,
249. Interest. -
(A) In General.
There shall be assessed and collected on any unpaid amount of tax, interest
at the rate of twenty percent (20%) per annum, or such higher rate as may
be prescribed by rules and regulations, from the date prescribed for payment
until the amount is fully paid.
Any deficiency in the tax due, as the term is defined in this Code, shall
be subject to the interest prescribed in Subsection (A) hereof, which interest
shall be assessed and collected from the date prescribed for its payment
until the full payment thereof.
In case of failure to pay:
(1) The amount of the
tax due on any return to be filed, or
(2) The amount of the
tax due for which no return is required, or
(3) A deficiency tax,
or any surcharge or interest thereon on the due date appearing in the
notice and demand of the Commissioner, there shall be assessed and collected
unpaid amount, interest at the rate prescribed in Subsection (A) hereof
until the amount
is fully paid, which interest shall form part of the tax.
(D) Interest on Extended
If any person required to pay the tax is qualified and elects to pay the
tax on installment under the provisions of this Code, but fails to pay
the tax or any installment hereof, or any part of such amount or installment
on or before the date prescribed for its payment, or where the Commissioner
has authorized an extension of time within which to pay a tax or a deficiency
tax or any part thereof, there shall be assessed and collected interest
at the rate hereinabove prescribed on the tax or deficiency tax or any
part thereof unpaid from the date of notice and demand until it is paid.
250. Failure to File Certain Information Returns. -In the case of each failure to file an information return, statement
or list, or keep any record, or supply any information required by this
Code or by the Commissioner on the date prescribed therefor, unless it
is shown that such failure is due to reasonable cause and not to willful
neglect, there shall, upon notice and demand by the Commissioner, be paid
by the person failing to file, keep or supply the same, One thousand pesos
(1,000) for each failure: Provided, however, That the aggregate
amount to be imposed for all such failures during a calendar year shall
not exceed Twenty-five thousand pesos (P25,000).
251. Failure of a Withholding Agent to Collect and Remit Tax. -Any person
required to withhold, account for, and remit any tax imposed by this Code
or who willfully fails to withhold such tax, or account for and remit such
tax, or aids or abets in any manner to evade any such tax or the payment
thereof, shall, in addition to other penalties provided for under this
Chapter, be liable upon conviction to a penalty equal to the total amount
of the tax not withheld, or not accounted for and remitted.
252. Failure of a Withholding Agent to refund Excess Withholding Tax.
employer/withholding agent who fails or refuses to refund excess withholding
tax shall, in addition to the penalties provided in this Title, be liable
to a penalty to the total amount of refunds which was not refunded to the
employee resulting from any excess of the amount withheld over the tax
actually due on their return.