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,
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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
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