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LAW OF BASIC TAXATION IN THE PHILIPPINES: taxpayers. However, bank deposits are confidential under R.A. 1405. Notwithstanding any contrary provision of R.A. 1405 and other general or special laws, the Commissioner is authorized to inquire into the bank deposits of: 1. adecedent to determine his gross estate; and 2. any taxpayer who has filed an application for compromise of his tax liability under Sec. 204(A)(2) of the Tax Code by reason of financial incapacity to pay his tax liability. In this case, the application for compromise shall not be considered unless and until he waives in writing his privilege under R.A. 1405, or under other general or special laws, and such waiver shall constitute the authority of the Commissioner to inquire into bank deposits of the taxpayer (Sec. 6[F], 1997 NIRC). G. Accreditation and Registration of Tax Agents - Under Sec. 6(@) of the 1997 NIRC, the Commissioner shall accredit and register, based on their professional competence, integrity and moral fitness, individuals and general professional partnerships and their representatives who prepare and file tax returns, statements, reports, protests and other papers with, or who appear before, the BIR for taxpayers. Within one hundred twenty (120) days from January 1, 1998, the Commissioner shall create national and regional accreditation boards, the members of which shall serve for three (3) years and shall designate from among the senior officials of the Bureau, a chairman and two members for each board, subject to such rules and regulations as the Secretary of Finance shall promulgate, upon the recommendation of the Commissioner. Individuals and general professional partnerships and their representatives who are denied accreditation by the Commissioner and/or the national and regional accreditation boards may appeal such denial to the Secretary of Finance, who shall rule on the appeal within sixty (60) days from receipt of such appeal. Failure of the Secretary of Finance to rule on the appeal within the prescribed period shall be deemed as approval of the application for accreditation of the appellant. Pursuant thereto, the BIR issued Revenue Regulations No. 15-99, dated July 16, 1999, creating the Revenue Regional Accreditation Board (RRAB) ineach revenue region, and the Revenue National Accreditation Board (RNAB) in the BIR National Office, and providing the rules for accreditation, conduct and suspension of tax practitioners before the BIR, 184 TAX ADMINISTRATION AND ENFORCEMENT ‘The objective of said revenue regulation is to accord official recognition to tax practitioners who possess the desired degree of competence and professionalism and who demonstrate adherence to acceptable norms of morality and good conduet in the exercise of their profession before the BIR. Conversely, both the taxpayers and the Government will be afforded an administrative mechanism for the withdrawal of such recognition for those tax practitioners who have been proven to be grossly incompetent or guilty of gross misconduct to the detriment of their client and/or the Government. ‘The Revenue National Accreditation Board (RNAB) is composed of one of the four Deputy Commissioners to be assigned by the Commissioner of Internal Revenue, as chairman; and a representative from the private sector to be chosen by the Commissioner of Internal Revenue from the nominees to be submitted by the Philippine Chamber of Commerce and Industry (PCI, or by the Philippine Institute of Certified Public Accountants (PICPA), or by the Tax Management, Association of the Philippines (TMAP), and three senior internal revenue officials in the National Office with the rank of Assistant, Commissioner to be designated by the Commissioner, as members, ‘The Revenue Regional Accreditation Board (RRAB), on the other hand, shall be composed of the Regional Director, as chairman; and a representative from the private sector to be chosen by the Commissioner of Internal Revenue from the nominees to be submitted by the local PICPA chapter and three senior internal revenue officials in the Regional Office with the rank of Assistant Division Chief or higher to be designated by the Commissioner, as members. ‘Tax agents or tax practitioners required to apply for accreditation are those who are éngaged in tax practice, ie, the regular preparations, certification, audit and filing of tax returns, information returns or other statements or reports required by the Code or Regulations; those who are engaged in the regular preparation of requests for ruling, petitions for reinvestigation, protests, requests for refund or tax credit. certificates, compromise settlements an#/or abatement of tax liabilities and other official papers and correspondence with the BIR, and other similar or related activities; or those who regularly appear in meetings, conferences and hearings before any office of the BIR officially on behalf of a taxpayer or client in all matters relating to a client's rights, privileges or liabilities under laws or regulations administered by the BIR. The act of appearing before any office of the BIR shall pertain to all official dealings or transactions which require discussions, explanations and regular business intercourse on behalf of a taxpayer, but shall not cover mere acts of physical filing or following up the status of any document, ruling or decision or any paper filed or pending 185

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