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Republic Bank v Ebrada

Republic Bank v Ebrada

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Published by cmv mendoza
Assorted tax stuff for the 2011 Bar examinations. Copyright to the owners. Just sharing.
Assorted tax stuff for the 2011 Bar examinations. Copyright to the owners. Just sharing.

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Published by: cmv mendoza on Jan 02, 2012
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01/02/2012

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1
IMPLEMENTING RULES AND REGULATIONS OF THE TAX AMNESTY LAW
Under the amnesty law, taxpayers qualified for the amnesty program will no longer face taxevasion charges as long as they pay the BIR the equivalent of 5 percent of their net worth as of 2005. Even taxpayers with pending tax evasion cases can apply for amnesty. However,.those whose cases have been decided finally by the courts will not be allowed to apply for amnesty.The tax amnesty granted under RA 9480 covers all unpaid internal revenue tax for the taxableyear 2005 and prior years. Section 21 of National Internal Revenue Code states that the followingfees and charges are deemed to be National Internal Revenue taxes a.Income Taxb.Estate and Donor’s Taxc.Value Added Taxd.Other percentage Taxe.Excise Taxf.Documentary Stamp TaxReprinted below is Department Order no. 29-07 issued by the Department of Finance on August15, 2007.
Department of FinanceDepartment Order No. 29-07August 15, 2007To Implement Republic Act No. 9480
Pursuant to Section 15 Republic Act No. 9480, “An Act Enhancing Revenue Administration andCollection by Granting An Amnesty On all Unpaid Internal Revenue Taxes Imposed by theNational Government for Taxable year 2005 and Prior Years.” the following rules andregulations are hereby promulgated to implement the provisions of said act.
Rule 1
Title, PURPOSE AND CONSTRUCTION 
Section 1.
Title and Purpose-
 
These rules and regulations, to be known and cited asthe “Implementing Rules and Regulations (IRR) of Republic Act No. 9480.” Otherwise knownas “Tax Amnesty Act of 2007”, are hereby promulgated to govern the availment by qualifiedpersons and/or entities of the tax amnesty granted under RA 9480, covering all unpaidinternal revenue taxes for the taxable year 2005 and prior years.
Section 2. C
onstruction-
These rules shall be construed and applied in accordancewith and in furtherance of the policies and objectives of RA 9480. In case of conflict orambiguity, which may arise in the implementation of these Rules, the Department of Finance(DOF), in coordination with the Bureau of Internal Revenue (BIR), shall issue the necessaryclarification.
RULE II
Coverage
SEC. 3 Taxes Covered. –
The tax amnesty shall cover all national revenue taxesimposed by the National Government for the taxable year 2005 and prior years, with orwithout assessments duly issued therefore, that have remained unpaid as of December 31,2005.
 LAC Bulletin is the official newsletter of Lopez and Company, Certified Public Accountants withoffices located at 2518 Leiva St., Sta Ana , Manila with phone no. 564-6472
 LAC BULLETIN 
August 2007– Special Issue
 
2
SEC. 4. Who May Avail of Tax Amnesty.
– The following may avail of the taxamnesty under RA 9480.1. Individuals, whether resident or nonresident citizens, or residents or nonresident aliens;2. Estates and Trusts;3. Corporations;4. Cooperative and tax exempt entities that have become taxable as of December 31, 2005and5. Other judicial entities including partnerships.For this purpose, an individual taxpayer in his/her own capacity shall be treated asa different taxpayer when he acts as administrator/executor of the estate of a deceasedtaxpayer. The pertinent provisions of Sec. 236 of the Tax Code on the registration of theestate of the decedent by the administrator or executor and the issuance of new TIN shallbe complied with. Therefore, an individual taxpayer, seeking to avail of the tax amnestyand who at the same time is an executor or administrator of the estate of deceasedtaxpayer who would also like to avail of the tax amnesty, shall file two (2) separateamnesty returns, one for himself as a taxpayer and the other in his capacity as executoror administrator of the estate of the decedent with respect to the revenue and otherincome earned or received by the estate.
SEC. 5. Exceptions-
The tax amnesty shall not extend to the following persons orcases existing as of the effectivity of RA 9480.1.Withholding agents with respect to their withholding tax liabilities ;
2.
Those with pending cases falling under the jurisdiction of the PresidentialCommission on Good Government.3.Those with pending cases involving unexplained or unlawfully acquiredwealth ,revenue or income under the Anti-Graft and Corrupt Practices Act;
4.
Those with pending cases filed in court involving violation of the Anti MoneyLaundering Law;
5.
Those with pending criminal cases filed in court or in the Department of Justice for tax evasion and other criminal offenses under Chapter II of TitleX of the National Internal Revenue Code of 1997 , as amended.
6.
Tax cases subject of final and executory judgment by the courts.
RULE III
 AVAILMENT AND PAYMENT OF AMNESTY 
SEC. 6 Method of Availment of Tax Amnesty
-1.Forms /Documents to be filed to avail of the general tax amnesty , concernedtaxpayers shall file the following documents /requirements:
a.
Notice of Availment in such form as maybe prescribed by the BIR.
 b.
Statement of Assets, Liabilities and Networth (SALN) as of December 31,2005 in such form, as may be prescribed by the BIR.
c.
Tax Amnesty Return in such form as may be prescribed by the BIR.2.Place of Filing of Amnesty Tax Return- The Tax Amnesty Return, together withthe other documents stated in Sec. 6 (1) hereof , shall be filed as follows:a.Residents shall file with the Revenue District Office ( RDO) /LargeTaxpayer District office of the BIR which has jurisdiction over the legalresidence or principal place of business of the Taxpayer, as the casemay be.
 b.
Non- resident shall file with the office of the Commissioner of the BIR, orwith the RDO.c.At the option of the taxpayer, the RDO may assist the taxpayer inaccomplishing the forms and computing the taxable base and theamnesty tax payable, but may not look into, question or examine theveracity of the entries contained in the Tax Amnesty Return,Statement of Asset , Liabilities and Networth, or such other documentssubmitted by the Taxpayer.3.Payment of Amnesty Tax and Full Compliance- Upon filing of the Tax AmnestyReturn in accordance with Sec. 6 (2) hereof , the taxpayer shall pay the amnestytax to the authorized agent bank or in the absence thereof, the Collection Agents orduly authorized Treasurer of the City or municipality in which such person has hislegal residence or principal place of business.
 LAC Bulletin is the official newsletter of Lopez and Company, Certified Public Accountants withoffices located at 2518 Leiva St., Sta Ana , Manila with phone no. 564-6472
 
The RDO shall issue sufficient Acceptance of Payment Forms, as may beprescribed by the BIR for the use of or to be accomplished by- the bank, collectionagent or the Treasurer, showing the acceptance by the amnesty tax payment. In

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