AN ACT AMENDING
THE NATIONAL INTERNAL REVENUE CODE, AS AMENDED,
AND FOR OTHER
PURPOSES
TITLE IX
COMPLIANCE
REQUIREMENTS
CHAPTER III
RULES AND
REGULATIONS
SEC.
244. Authority of Secretary of Finance to Promulgate Rules and Regulations.
- The
Secretary of Finance, upon recommendation of the Commissioner, shall promulgate
all needful rules and regulations for the effective enforcement of the
provisions of this Code.
SEC.
245. Specific Provisions to be Contained in Rules and Regulations. -
The rules and regulations of the Bureau of Internal Revenue shall, among
other thins, contain provisions specifying, prescribing or defining:
(a) The time and manner
in which Revenue Regional Director shall canvass their respective
Revenue Regions for the purpose of discovering persons and property liable
to national
internal revenue taxes, and the manner in which their lists and records
of taxable persons
and taxable objects shall be made and kept;
(b) The forms of labels,
brands or marks to be required on goods subject to an excise tax,
and the manner in which the labelling, branding or marking shall be effected;
(c) The conditions
under which and the manner in which goods intended for export, which
if not exported would be subject to an excise tax, shall be labelled, branded
or marked;
(d) The conditions
to be observed by revenue officers respecting the institutions and conduct
of legal actions and proceedings;
(e) The conditions
under which goods intended for storage in bonded warehouses shall be
conveyed thither, their manner of storage and the method of keeping the
entries and
records in connection therewith, also the books to be kept by Revenue Inspectors
and
the reports to be made by them in connection with their supervision of
such houses;
(f) The conditions
under which denatured alcohol may be removed and dealt in, the character
and quantity of the denaturing material to be used, the manner in which
the process of
denaturing shall be effected, so as to render the alcohol suitably denatured
and unfit for
oral intake, the bonds to be given, the books and records to be kept, the
entries to be
made therein, the reports to be made to the Commissioner, and the signs
to be displayed
in the business or by the person for whom such denaturing is done or by
whom, such
alcohol is dealt in;
(g) The manner in which
revenue shall be collected and paid, the instrument, document or
object to which revenue stamps shall be affixed, the mode of cancellation
of the same,
the manner in which the proper books, records, invoices and other papers
shall be kept
and entries therein made by the person subject to the tax, as well as the
manner in
which licenses and stamps shall be gathered up and returned after serving
their purposes;
(h) The conditions
to be observed by revenue officers respecting the enforcement of Title
III imposing a tax on estate of a decedent, and other transfers mortis
causa, as well
as on gifts and such other rules and regulations which the Commissioner
may consider
suitable for the enforcement of the said Title III;
(i) The manner in which
tax returns, information and reports shall be prepared and reported
and the tax collected and paid, as well as the conditions under which evidence
of payment
shall be furnished the taxpayer, and the preparation and publication of
tax statistics;
(j) The manner in which
internal revenue taxes, such as income tax, including withholding
tax, estate and donor's taxes, value-added tax, other percentage taxes,
excise taxes
and documentary stamp taxes shall be paid through the collection officers
of the Bureau
of Internal Revenue or through duly authorized agent banks which are hereby
deputized
to receive payments of such taxes and the returns, papers and statements
that may be
filed by the taxpayers in connection with the payment of the tax: Provided,
however,
That notwithstanding the other provisions of this Code prescribing the
place of filing of
returns and payment of taxes, the Commissioner may, by rules and regulations,
require
that the tax returns, papers and statements that may be filed by the taxpayers
in
connection with the payment of the tax. Provided, however, That
notwithstanding
the other provisions of this Code prescribing the place of filing of returns
and payment
of taxes, the Commissioner may, by rules and regulations require that the
tax returns,
papers and statements and taxes of large taxpayers be filed and paid, respectively,
through collection officers or through duly authorized agent banks: Provided,
further,
That the Commissioner can exercise this power within six (6) years from
the approval
of Republic Act No. 7646 or the completion of its comprehensive computerization
program, whichever comes earlier: Provided, finally, That separate
venues for the
Luzon, Visayas and Mindanao areas may be designated for the filing of tax
returns
and payment of taxes by said large taxpayers.
For the purpose of this
Section, "large taxpayer" means a taxpayer who satisfies any of
the following criteria;
(1) Value-Added
Tax (VAT). - Business
establishment with VAT paid or payable of at least One hundred thousand
pesos (P100,000) for any quarter of the preceding taxable year;
(2) Excise Tax.
- Business
establishment with excise tax paid or payable of at least One million pesos
(P1,000,000) for the preceding taxable year;
(3) Corporate
Income Tax. - Business
establishment with annual income tax paid or payable of at least One million
pesos (P1,000,000) for the preceding taxable year; and
(4) Withholding
Tax. - Business
establishment with withholding tax payment or remittance of at least One
million pesos (P1,000,000) for the preceding taxable year.
Provided, however,
That the Secretary of Finance, upon recommendation of the Commissioner,
may modify or add to the above criteria for determining a large taxpayer
after considering such factors as inflation, volume of business, wage and
employment levels, and similar economic factors.
The penalties prescribed
under Section 248 of this Code shall be imposed on any violation of the
rules and regulations issued by the Secretary of Finance, upon recommendation
of the Commissioner, prescribing the place of filing of returns and payments
of taxes by large taxpayers.
SEC.
246. Non-Retroactivity of Rulings. -
Any revocation, modification or reversal of any of the rules and regulations
promulgated in accordance with the preceding Sections or any of the rulings
or circulars promulgated by the Commissioner shall not be given retroactive
application if the revocation, modification or reversal will be prejudicial
to the taxpayers, except in the following cases:
(a) Where the taxpayer
deliberately misstates or omits material facts from his return or
any document required of him by the Bureau of Internal Revenue;
(b) Where the facts
subsequently gathered by the Bureau of Internal Revenue are
materially different from the facts on which the ruling is based; or