You are on page 1of 24

REPUBLIC OF THE PHILIPPINES

CONGRESS OF THE PHILIPPINES

SEVENTEENTH CONGRESS
Third Regular Session

REPUBLIC ACT NO. ________

AN ACT
ENHANCING REVENUE ADMINISTRATION AND COLLECTION BY
GRANTING AN AMNESTY ON ALL UNPAID INTERNAL REVENUE TAXES
IMPOSED BY THE NATIONAL GOVERNMENT FOR TAXABLE YEAR 2017
AND PRIOR YEARS WITH RESPECT TO ESTATE TAX, OTHER INTERNAL
REVENUE TAXES, AND TAX ON DELINQUENCIES

Be it enacted by the Senate and House of Representatives of the Philippines in


Congress assembled:

1 TITLE I

2 PRELIMINARY PROVISIONS

3 SECTION 1. Short Title. – This Act shall be known as the “Tax Amnesty Act”.

4 SEC. 2. Declaration of Policy. – It is hereby declared the policy of the State

5 to protect and enhance revenue administration and collection, and make the

6 country’s tax system more equitable, by simplifying the tax compliance

7 requirements. Towards this end, the State shall:

8 (a) Provide a one-time opportunity to settle estate tax obligations through

9 an estate tax amnesty program that will give reasonable tax relief to estates

10 with deficiency estate taxes;

11 (b) Broaden the tax base by offering a general tax amnesty for all unpaid

12 internal revenue taxes that will help cleanse, organize, and improve the Bureau

13 of Internal Revenue’s database;

1
1 (c) Enhance revenue collection by providing a tax amnesty on

2 delinquencies that will minimize administrative costs in pursuing tax cases and

3 de-clog the dockets of the BIR and the courts; and

4 (d) Provide a more equitable tax system by adopting a comprehensive tax

5 reform program that will simplify the requirements on tax amnesties with the

6 use of simplified forms, and utilization of information technology in broadening

7 the tax base.

8 SEC. 3. Definition of Terms. – As used in this Act:

9 (a) Basic Tax Assessed refers to the latest amount of tax assessment issued

10 by the Bureau of Internal Revenue against the taxpayer, exclusive of interest,

11 penalties, and surcharges.

12 (b) Net Estate refers to the gross estate less all allowable deductions as

13 provided in the National Internal Revenue Code of 1997, as amended, or the

14 applicable estate tax laws prevailing at the time of death of the decedent;

15 (c) Net Undeclared Estate refers to the difference between the total net

16 estate valued at the time of death and the net estate previously declared with

17 the Bureau of Internal Revenue, if any;

18 (d) Statement of Assets, Liabilities, and Networth refers to a declaration of

19 the assets, liabilities, and networth as of December 31, 2017, as follows:

20 (1) Assets within or without the Philippines, whether real or personal,

21 tangible or intangible, whether or not used in trade or business: Provided, That

22 property other than money shall be valued at the cost at which the property was

23 acquired: Provided, further, That foreign currency assets and/or securities shall

2
1 be valued at the rate of exchange prevailing as of the date of the Statement of

2 Assets, Liabilities, and Networth;

3 (2) All existing liabilities which are legitimate and enforceable, secured or

4 unsecured, whether or not incurred in trade or business; and

5 (3) The networth of the taxpayer, which shall be the difference between the

6 total assets and total liabilities.

7 (e) Total Asset refers to the amount of the aggregate assets whether within

8 or without the Philippines, real or personal, tangible or intangible, or ordinary or

9 capital.

10 TITLE II

11 ESTATE TAX AMNESTY

12 SEC. 4. Coverage. – There is hereby authorized and granted a tax amnesty,

13 hereinafter called Estate Tax Amnesty, which shall cover the estate of decedents

14 who died on or before December 31, 2017, with or without assessments duly

15 issued therefor, whose estate taxes have remained unpaid or have accrued as of

16 December 31, 2017: Provided, however, That the Estate Tax Amnesty hereby

17 authorized and granted shall not cover instances enumerated under Section 9

18 hereof.

19 SEC. 5. Entitlement under Estate Tax Amnesty. – Except for instances

20 covered by Section 9 hereof, the estate may enjoy the immunities and privileges

21 of the Estate Tax Amnesty and pay an estate amnesty tax at the rate of six

22 percent (6%) based on the decedent’s total net estate at the time of death:

23 Provided, That if an estate tax return was previously filed with the Bureau of

24 Internal Revenue, the estate tax rate of six percent (6%) shall be based on net

3
1 undeclared estate. The provisions of the National Internal Revenue Code of

2 1997, as amended, or the applicable estate tax laws prevailing at the time of

3 death of the decedent, on valuation, manner of computation, and other related

4 matters shall apply suppletorily, at the time of the entitlement. Provided,

5 further, That if the allowable deductions applicable at the time of death of the

6 decedent exceed the value of the gross estate, the heirs, executors, or

7 administrators may avail of the benefits of tax amnesty under Title II of this Act,

8 and pay the minimum estate amnesty tax of Five Thousand Pesos (₱5,000).

9 Sec. 6. Availment of the Estate Tax Amnesty; When and Where to File and

10 Pay. – The executor or administrator of the estate, or if there is no executor or

11 administrator appointed, the legal heirs, transferees or beneficiaries, who wish

12 to avail of the Estate Tax Amnesty shall, within two (2) years from the effectivity

13 of the Implementing Rules and Regulations of this Act, file with the Revenue

14 District Office of the Bureau of Internal Revenue, which has jurisdiction over the

15 last residence of the decedent, a sworn Estate Tax Amnesty Return, in such

16 forms as may be prescribed in the Implementing Rules and Regulations. The

17 payment of the amnesty tax shall be made at the time the Return is filed:

18 Provided, That for non-resident decedents, the Estate Tax Amnesty Return shall

19 be filed and the corresponding amnesty tax be paid at Revenue District Office

20 No. 39, or any other Revenue District Office which shall be indicated in the

21 Implementing Rules and Regulations.

22 Provided, further, That if the estate involved has properties which are still

23 in the name of another decedent or donor, the present holder, heirs, executors or

24 administrators thereof shall only file one (1) Estate Tax Amnesty Return and

4
1 pay the corresponding estate amnesty tax thereon based on the total net estate

2 at the time of death of the last decedent covering all accrued taxes under the

3 National Internal Revenue Code of 1997, as amended, arising from the transfer

4 of such estate from all prior decedents or donors through which the property or

5 properties comprising the estate shall pass.

6 Provided, furthermore, That the appropriate Revenue District Officer shall

7 issue and endorse an acceptance payment form, in such form as may be

8 prescribed in the Implementing Rules and Regulations of this Act for the

9 authorized agent bank, or in the absence thereof, the revenue collection agent or

10 municipal treasurer concerned, to accept the tax amnesty payment. Proof of

11 settlement of the estate, whether judicial or extrajudicial, shall likewise be

12 attached to said Return in order to verify the mode of transfer and the proper

13 recipients.

14 Provided, finally, That the availment of the Estate Tax Amnesty and the

15 issuance of the corresponding Acceptance Payment Form do not imply any

16 admission of criminal, civil or administrative liability on the part of the availing

17 estate.

18 SEC. 7. Presumption of Correctness of the Estate Tax Amnesty Returns. –

19 The Estate Tax Amnesty Returns shall be conclusively presumed as true,

20 correct, and final upon filing thereof, and shall be deemed complete upon full

21 payment of the amount due.

22 The Acceptance Payment Form, and the Estate Tax Amnesty Return shall

23 be submitted to the Revenue District Office after complete payment. The

24 completion of these requirements shall be deemed full compliance with the

5
1 provisions of this Act. A Certificate of Availment of the Estate Tax Amnesty

2 shall be issued by the Bureau of Internal Revenue within fifteen (15) calendar

3 days from submission to the Bureau of Internal Revenue of the Acceptance

4 Payment Form and the Estate Tax Amnesty Return. Otherwise, the duplicate

5 copies of the Acceptance Payment Form, stamped as received, and the Estate

6 Tax Amnesty Return shall be deemed as sufficient proof of availment.

7 SEC. 8. Immunities and Privileges. – Estates covered by the Estate Tax

8 Amnesty, which have fully complied with all the conditions set forth in this Act,

9 including the payment of the estate amnesty tax shall be immune from the

10 payment of all estate taxes, as well as any increments and additions thereto,

11 arising from the failure to pay any and all estate taxes for taxable year 2017 and

12 prior years, and from all appurtenant civil, criminal, and administrative cases

13 and penalties under the National Internal Revenue Code of 1997, as amended.

14 Without prejudice to compliance with applicable laws on succession as a

15 mode of transfer, the Bureau of Internal Revenue, in coordination with the

16 applicable regulatory agencies, shall set up a system enabling the transfer of

17 title over properties to heirs and/or beneficiaries and cash withdrawals from the

18 bank accounts of the decedent, when applicable.

19 Upon full compliance with all the conditions set forth in this Title and

20 payment of the corresponding estate amnesty tax, the tax amnesty granted

21 under this Title shall become final and irrevocable.

6
1 SEC. 9. Exceptions. – The Estate Tax Amnesty under Title II of this Act

2 shall not extend to estate tax cases which shall have become final and executory

3 and to properties involved in cases pending in appropriate courts:

4 (a) Falling under the jurisdiction of the Presidential Commission on Good

5 Government;

6 (b) Involving unexplained or unlawfully acquired wealth under Republic

7 Act No. 3019, otherwise known as the Anti-Graft and Corrupt Practices Act, and

8 Republic Act No. 7080 or An Act Defining and Penalizing the Crime of Plunder;

9 (c) Involving violations of Republic Act No. 9160, otherwise known as the

10 Anti-Money Laundering Act, as amended;

11 (d) Involving tax evasion and other criminal offenses under Chapter II of

12 Title X of the National Internal Revenue Code of 1997, as amended; and

13 (e) Involving felonies of frauds, illegal exactions and transactions, and

14 malversation of public funds and property under Chapters III and IV of Title VII of the

15 Revised Penal Code.

16 TITLE III

17 GENERAL TAX AMNESTY

18 SEC. 10. Coverage. – There is hereby authorized and granted a tax amnesty,

19 hereinafter called General Tax Amnesty, which shall cover all national internal

20 revenue taxes such as, but not limited to, income tax, withholding tax, capital

21 gains tax, donor’s tax, value-added tax, other percentage taxes, excise tax and

22 documentary stamp tax collected by the Bureau of Internal Revenue, including

23 value-added tax and excise taxes collected by the Bureau of Customs for taxable

24 year 2017 and prior years, with or without assessments duly issued therefor,

7
1 that have remained unpaid: Provided, however, That the General Tax Amnesty

2 hereby authorized and granted shall not cover persons or cases enumerated

3 under Section 16 and Title IV hereof.

4 SEC. 11. Entitlement under the General Tax Amnesty. – Except for the

5 instances covered in Section 16 hereof, any person, whether natural or juridical,

6 may enjoy the immunities and privileges of the General Tax Amnesty by paying,

7 at the taxpayer’s option, an amnesty tax at:

8 i. the rate of two percent (2%) based on the taxpayer’s Total Assets as of

9 December 31, 2017 as declared in the Statement of Total Assets; or

10 ii. based on the taxpayer’s total networth as of December 31, 2017 as

11 declared in the Statement of Assets, Liabilities, and Networth filed

12 pursuant to Section 12 hereof and in accordance with the following

13 schedule of amnesty tax rates and minimum amnesty tax payments

14 required:

15 (a) Individual (whether resident or non-resident citizens, including

16 resident or non-resident aliens), Trusts and Estates ….…… 5% or ₱75,000,

17 whichever is higher.

18 (b) Corporations

19 (1) With subscribed capital of above P50 million …… 5% or ₱1,000,000,

20 whichever is higher.

21 (2) With subscribed capital of above ₱20 million up to ₱50 million .…...

22 5% or ₱500,000, whichever is higher.

8
1 (3) With subscribed capital of ₱5 million up to ₱20 million ……. 5% or

2 ₱250,000, whichever is higher.

3 (4) With subscribed capital of below ₱5 million ……. 5% or ₱100,000,

4 whichever is higher.

5 (c) Other juridical entities, including, but not limited to, cooperatives

6 and foundations, that have become taxable as of December 31, 2017 ……. 5% or

7 ₱75,000, whichever is higher.

8 Provided, That if the taxpayer opts to pay the amnesty tax based on total

9 networth and the computed networth is negative, the taxpayer may still avail of

10 the benefits of tax amnesty under this Title, and pay the minimum amnesty tax.

11 SEC. 12. Availment of the General Tax Amnesty; When and Where to File

12 and Pay. - Any person, natural or juridical, who wishes to avail of the General

13 Tax Amnesty shall, within one (1) year from the effectivity of the Implementing

14 Rules and Regulations, file with the appropriate office of the Bureau of Internal

15 Revenue, which has jurisdiction over the taxpayer, a sworn General Tax

16 Amnesty Return accompanied by a notarized Statement of Total Assets or

17 notarized Statement of Asssets, Liabilities, and Networth, as the case may be, as

18 of December 31, 2017. The payment of the amnesty tax shall be made at the time

19 the Return is filed.

20 Provided, That the Revenue District Officer shall issue and endorse an

21 Acceptance Payment Form, in such form as may be prescribed in the

22 Implementing Rules and Regulations of this Act authorizing the authorized

23 agent bank, or in the absence thereof, the revenue collection agent or municipal

24 treasurer concerned, to accept the amnesty tax payment.


9
1 Provided, further, That the availment of the General Tax Amnesty and the

2 issuance of the corresponding Acceptance Payment Form do not imply any

3 admission of criminal, civil or administrative liability on the part of the availing

4 taxpayer.

5 Provided, furthermore, That if the tax amnesty is availed based on the

6 period indicated hereunder, the taxpayer shall be entitled to the corresponding

7 reduction in the total amnesty tax due:

8 a. If paid on or before the end of the third calendar month from the

9 effectivity of the Implementing Rules and Regulations………………..… 20%;

10 b. If paid after the end of the third calendar month until the end of the

11 sixth calendar month from the effectivity of the Implementing Rules and

12 Regulations ………………..……….15%; and

13 c. If paid after the end of the sixth calendar month until the end of the

14 ninth calendar month from the effectivity of the Implementing Rules and

15 Regulations ………………………..10%;

16 Sec. 13. Contents of the Statement of Total Assets and Statement of Assets,

17 Liabilities, and Networth. –

18 A. The Statement of Total Assets shall contain a declaration of the total

19 assets as of December 31, 2017, as follows:

20 1. Assets within or without the Philippines, whether real or personal,

21 tangible or intangible, whether or not used in trade or business:

22 (a) Real properties shall be accompanied by a description of their

23 classification, exact location, and valued at acquisition cost, if

10
1 acquired by purchase, or the zonal valuation or fair market

2 value as shown in the schedule of values of the provincial,

3 city or municipal assessors at the time of inheritance or

4 donation, whichever is higher, if acquired through

5 inheritance or donation;

6 (b) Personal properties other than money, shall be accompanied

7 by a specific description of the kind and number of assets (e.g.

8 automobiles, shares of stock, etc.) or other investments,

9 indicating the acquisition cost less the accumulated

10 depreciation or amortization, or the corresponding book value

11 for shares of stock, in proper cases, if acquired by purchase,

12 or the fair market price or value at the date of the Statement

13 of Total Assets, if acquired through inheritance or donation;

14 (c) Assets denominated in foreign currency shall be converted

15 into the corresponding Philippine currency equivalent, at the

16 rate of exchange prevailing as of the date of the Statement of

17 Total Assets; and

18 (d) Cash on hand and in bank in peso as of the date of the

19 Statement of Total Assets, as well as cash on hand and in

20 bank in foreign currency, converted to Philippine peso at the

21 rate of exchange prevailing as of the date of the Statement of

22 Total Assets.

11
1 B. The Statement of Assets, Liabilities, and Networth shall contain a true

2 and complete declaration of assets, liabilities, and networth of the

3 taxpayer as of December 31, 2017, as follows:

4 1. Assets within or without the Philippines, whether real or personal,

5 tangible or intangible, whether or not used in trade or business:

6 (a) Real properties shall be accompanied by a description of their

7 classification, exact location, and valued at acquisition cost, if

8 acquired by purchase, or the zonal valuation or fair market

9 value as shown in the schedule of values of the provincial,

10 city or municipal assessors, at the time of inheritance or

11 donation, whichever is higher, if acquired through

12 inheritance or donation;

13 (b) Personal properties other than money, shall be accompanied

14 by a specific description of the kind and number of assets (e.g.

15 automobiles, shares of stock, etc.) or other investments,

16 indicating the acquisition cost less the accumulated

17 depreciation or amortization, or the corresponding book value

18 for shares of stock, in proper cases, if acquired by purchase,

19 or the fair market price or value at the date of the Statement

20 of Assets, Liabilities, and Networth, if acquired through

21 inheritance or donation;

22 (c) Assets denominated in foreign currency shall be converted

23 into the corresponding Philippine currency equivalent, at the

12
1 rate of exchange prevailing as of the date of the Statement of

2 Assets, Liabilities, and Networth; and

3 (d) Cash on hand and in bank in peso as of the date of the

4 Statement of Assets, Liabilities, and Networth, as well as

5 cash on hand and in bank in foreign currency, converted to

6 Philippine peso at the rate of exchange prevailing as of the

7 date of the Statement of Assets, Liabilities, and Networth.

8 2. All existing liabilities, which are legitimate and enforceable,

9 secured or unsecured, whether or not incurred in trade or business,

10 disclosing or indicating clearly the name and address of the

11 creditor and the amount of the corresponding liability.

12 3. The total networth of the taxpayer, which shall be the difference

13 between the total assets and total liabilities.

14 SEC. 14. Presumption of Correctness of the Statement of Total Assets, and

15 Statement of Assets, Liabilities, and Networth. – The Statement of Total Assets

16 or the Statement of Assets, Liabilities, and Networth, filed at the option of the

17 taxpayer, shall be conclusively presumed as true, correct, and final upon filing

18 thereof, and shall be deemed complete upon full payment of the amount due.

19 The Acceptance Payment Form, and the General Tax Amnesty Return shall

20 be submitted to the Revenue District Office after complete payment. The

21 completion of these requirements shall be deemed full compliance with the

22 provisions of this Act. A Certificate of Availment of the General Tax Amnesty

23 shall be issued by the Bureau of Internal Revenue within fifteen (15) calendar

24 days from submission to the Bureau of Internal Revenue of the Acceptance

13
1 Payment Form and the General Tax Amnesty Return. Otherwise, the duplicate

2 copies, stamped as received, of the Acceptance Payment Form, and the General

3 Tax Amnesty Return shall be deemed as sufficient proof of availment.

4 Sec. 15. Immunities and Privileges. – Those who avail of the General Tax

5 Amnesty and have fully complied with all the conditions set forth in this Act and

6 upon payment of the amnesty tax shall be entitled to the following immunities

7 and privileges:

8 (a) With respect to the years covered by the tax amnesty, the taxpayer

9 shall be immune from the payment of taxes, as well as additions thereto, and

10 from all appurtenant civil, criminal, and administrative cases and penalties

11 under the National Internal Revenue Code of 1997, as amended, arising from the

12 failure to pay any and all internal revenue taxes for taxable year 2017 and prior

13 years and from such other investigations or suits insofar as they relate to the

14 assets, liabilities, networth, and internal revenue taxes that are subject of the

15 tax amnesty.

16 (b) Any information or data contained in, derived from or provided by a

17 taxpayer in the Tax Amnesty Return, Statement of Total Assets or Statement of

18 Assets, Liabilities, and Networth, as the case may be, and appurtenant

19 documents shall be confidential in nature and shall not be used in any

20 investigation or prosecution before any judicial, quasi-judicial and

21 administrative bodies. However, the taxpayer may use this as a defense,

22 whenever appropriate, in cases brought against the taxpayer.

14
1 (c) The books of accounts and other records of the taxpayer for the

2 years covered by the tax amnesty availed of shall not be examined by the Bureau

3 of Internal Revenue: Provided, That the Commissioner of Internal Revenue may

4 authorize in writing the examination of the said books of accounts and other

5 records to verify the validity or correctness of a claim for any tax refund, tax

6 credit (other than refund or credit of taxes withheld on wages), tax incentives,

7 and/or exemptions under existing laws.

8 All these immunities and privileges shall not apply when the taxpayer

9 failed to file a General Tax Amnesty Return and a Statement of Total Assets, or

10 Statement of Assets, Liabilities, and Networth, as the case may be.

11 Upon full compliance with all the conditions set forth in this Title and

12 payment of the corresponding general amnesty tax, the tax amnesty granted

13 under this Title shall become final and irrevocable.

14 SEC. 16. Exceptions. – The General Tax Amnesty under this Act shall not

15 extend to the following:

16 (a) Withholding tax agents who withheld taxes but failed to remit the same

17 to the Bureau of Internal Revenue;

18 (b) Taxpayers with cases pending in appropriate courts involving:

19 1. Those that fall under the jurisdiction of the Presidential

20 Commission on Good Government;

21 2. Unexplained or unlawfully acquired wealth under Republic Act

22 No. 3019, otherwise known as the Anti-Graft and Corrupt

23 Practices Act, and Republic Act No. 7080 or An Act Defining and

24 Penalizing the Crime of Plunder;


15
1 3. Violations of Republic Act No. 9160, otherwise known as the Anti-

2 Money Laundering Act, as amended;

3 4. Tax evasion and other criminal offenses under Chapter II of Title X of

4 the National Internal Revenue Code of 1997, as amended; and

5 5. Felonies of frauds, illegal exactions and transactions, and

6 malversation of public funds and property under Chapters III and

7 IV of Title VII of the Revised Penal Code.

8 (c) Tax cases that have become final and executory; and

9 (d) Delinquencies and assessments that have become final and executory.

10 TITLE IV

11 TAX AMNESTY ON DELINQUENCIES

12 SEC. 17. Coverage. – There is hereby authorized and granted a tax amnesty

13 herein called the Tax Amnesty on Delinquencies, which shall cover all national

14 internal revenue taxes, such as, but not limited to, income tax, withholding tax,

15 capital gains tax, donor’s tax, value-added tax, other percentage taxes, excise

16 tax, and documentary stamp tax collected by the Bureau of Internal Revenue,

17 including value-added tax and excise taxes collected by the Bureau of Customs,

18 for taxable year 2017 and prior years.

19 For purposes of this Act, the Tax Amnesty on Delinquencies may be availed

20 of in the following instances:

21 (a) Delinquencies and assessments, which have become final and

22 executory, including delinquent tax account, where the application for

23 compromise has been requested on the basis of: (1) doubtful validity of the

24 assessment; or (2) financial incapacity of the taxpayer, but the same was denied

16
1 by the Regional Evaluation Board or the National Evaluation Board, as the case

2 may be, on or before the Implementing Rules and Regulations take effect;

3 (b) Pending criminal cases with the Department of Justice or the courts for

4 tax evasion and other criminal offenses under Chapter II of Title X and Section

5 275 of the National Internal Revenue Code of 1997, as amended, with or without

6 assessments duly issued;

7 (c) Tax cases subject of final and executory judgment by the courts on or

8 before the Implementing Rules and Regulations take effect; and

9 (d) Withholding tax agents who withheld taxes but failed to remit the same

10 to the Bureau of Internal Revenue.

11 SEC. 18. Entitlement of Tax Amnesty on Delinquencies. – Any person may

12 enjoy the immunities and privileges of the Tax Amnesty on Delinquencies and

13 pay the following tax amnesty rates:

14 a. Delinquencies and assessments which have become final and

15 executory……………………………………………40% of the basic tax assessed;

16 b. Tax cases subject of final and executory judgment by the

17 courts………………………………………………..50% of the basic tax assessed;

18 c. Pending criminal cases with criminal information filed with the

19 Department of Justice or the courts for tax evasion and other criminal offenses

20 under Chapter II of Title X and Section 275 of the National Internal Revenue

21 Code of 1997, as amended, with assessments duly issued and otherwise excluded

22 in Titles II and III hereof…………….………….60% of the basic tax assessed; and

23 d. Withholding agents who withheld taxes but failed to remit the same to

24 the Bureau of Internal Revenue……………….100% of the basic tax assessed.

17
1 SEC. 19. Availment of the Tax Amnesty on Delinquencies; When and Where

2 to File and Pay. – Any person, natural or juridical, who wishes to avail of the Tax

3 Amnesty on Delinquencies shall, within one (1) year from the effectivity of the

4 Implementing Rules and Regulations of this Act, file with the appropriate office

5 of the Bureau of Internal Revenue, which has jurisdiction over the residence or

6 principal place of business of the taxpayer, a sworn Tax Amnesty on

7 Delinquencies Return accompanied by a Certification of Delinquency. The

8 payment of the amnesty tax shall be made at the time the Return is filed.

9 Provided, That the Revenue District Officer shall issue and endorse an

10 Acceptance Payment Form, in such form as may be prescribed in the

11 Implementing Rules and Regulations of this Act authorizing the authorized

12 agent bank, or in the absence thereof, the revenue collection agent or municipal

13 treasurer concerned, to accept the amnesty tax payment.

14 Provided, further, That the availment of the Tax Amnesty on Delinquencies

15 and the issuance of the corresponding Acceptance Payment Form do not imply

16 any admission of criminal, civil or administrative liability on the part of the

17 availing taxpayer.

18 Sec. 20. Immunities and Privileges. – The tax delinquency of those who avail

19 of the Tax Amnesty on Delinquencies and have fully complied with all the

20 conditions set forth in this Act and upon payment of the amnesty tax shall be

21 considered settled and the criminal case under Section 18 (c) and its

22 corresponding civil or administrative case, if applicable, be terminated, and the

23 taxpayer shall be immune from all suits or actions, including the payment of said

24 delinquency or assessment, as well as additions thereto, and from all

18
1 appurtenant civil, criminal, and administrative cases, and penalties under the

2 National Internal Revenue Code of 1997, as amended, as such relate to the

3 taxpayer’s assets, liabilities, networth, and internal revenue taxes that are

4 subject of the tax amnesty, and from such other investigations or suits insofar as

5 they relate to the assets, liabilities, networth and internal revenue taxes that are

6 subject of the tax amnesty: Provided, That any notices of levy, attachments

7 and/or warrants of garnishment issued against the taxpayer shall be set aside

8 pursuant to a lifting of notice of levy/garnishment duly issued by the Bureau of

9 Internal Revenue or its authorized representative: Provided, further, That the

10 Authority to Cancel Assessment shall be issued by the Bureau of Internal

11 Revenue in favor of the taxpayer availing of the Tax Amnesty on Delinquencies

12 within fifteen (15) calendar days from submission to the Bureau of Internal

13 Revenue of the Acceptance Payment Form and the Tax Amnesty on

14 Delinquencies Return. Otherwise, the duplicate copies, stamped as received, of

15 the Acceptance Payment Form, and the Tax Amnesty on Delinquencies Return

16 shall be deemed as sufficient proof of availment: Provided, furthermore, That the

17 Tax Amnesty on Delinquencies Return and the Acceptance Payment Form shall

18 be submitted to the Revenue District Office after complete payment. The

19 completion of these requirements shall be deemed full compliance with the

20 provisions of this Act

21 Upon full compliance with all the conditions set forth in this Title and

22 payment of the corresponding tax on delinquency, the tax amnesty granted

23 under this Title shall become final and irrevocable.

19
1 TITLE V

2 CONFIDENTIALITY AND NON-USE OF INFORMATION AND DATA,

3 AND AMENDMENT TO THE STATEMENT OF TOTAL ASSETS,

4 AND STATEMENT OF ASSETS, LIABILITIES, AND NETWORTH

5 SEC. 21. Confidentiality and Non-use of Information and Data in the

6 Statement of Total Assets, and Statement of Assets, Liabilities, and Networth. –

7 Any information or data contained in, derived from or provided by a taxpayer in

8 the Tax Amnesty Return, Statement of Total Assets or Statement of Assets,

9 Liabilities, and Networth, as the case may be and appurtenant documents shall

10 be confidential in nature and shall not be used in any investigation or

11 prosecution before any judicial, quasi-judicial, and administrative bodies.

12 Any statement of assets, liabilities and networth, financial statements,

13 information sheets, and any such other statements or disclosures that may have

14 been previously submitted by the taxpayer as required by existing laws are

15 deemed to have been amended by the Tax Amnesty Return and/or the Statement

16 of Total Assets or Statement of Assets, Liabilities, and Networth, as the case

17 may be, filed under this Act and may not be the subject of any investigation or

18 prosecution or be used in any investigation or prosecution before any judicial,

19 quasi-judicial, and administrative bodies.

20 TITLE VI

21 GENERAL PROVISIONS

22 SEC. 22. Information Management System. – For purposes of enhancing

23 revenue administration, revenue collection and policy formulation, the

24 Department of Finance, in coordination with the Bureau of Internal Revenue,

20
1 Land Registration Authority, Department of Trade and Industry, Securities and

2 Exchange Commission, Land Transportation Office, and other agencies

3 concerned shall institute an Information Management Program for the effective

4 use of information declared or obtained from the Tax Amnesty Returns and

5 Statement of Total Assets or Statement of Assets, Liabilities, and Networth, as

6 the case may be, required to be filed under this Act.

7 All the statements and returns required under this Act shall be filed and

8 processed separately from all other records of the Bureau of Internal Revenue in

9 accordance with the Implementing Rules and Regulations of this Act.

10 If the data requirements consist of information found in the income tax

11 return of taxpayers, the requirements under Section 71 of the National Internal

12 Revenue Code of 1997, as amended, shall still be complied with. The Information

13 Management System shall also comply with the provisions of Republic Act No.

14 10173, otherwise known as the Data Privacy Act and such other laws relating to

15 confidentiality of information.

16 SEC. 23. Disposition of Proceeds from the Tax Amnesty. – An amount

17 equivalent to Five Hundred Million Pesos (₱500,000,000) of the collection from

18 the tax amnesty herein granted shall accrue to the Department of Finance and

19 shall be used exclusively for purposes of establishing tax database under Section

20 22 of this Act.

21 Any excess shall be allocated to augment the appropriations needed for the

22 social mitigating measures and the BUILD BUILD BUILD infrastructure

21
1 projects as provided under Section 82 of Republic Act No. 10963, otherwise

2 known as the Tax Reform for Acceleration and Inclusion Act.

3 TITLE VII

4 OFFENSES AND PENALTIES

5 SEC. 24. Section 270 of the National Internal Revenue Code of 1997, as

6 amended, is hereby further amended to read as follows:

7 “SEC. 270. Unlawful Divulgence of Information. – Except as

8 provided in Sections 6(F) and 71 of this Code and Section 26 of Republic

9 Act No. 6388, any officer or employee of the Bureau of Internal Revenue

10 who divulges to any person or makes known in any other manner than

11 may be provided by law information regarding the business, income, or

12 estate of any taxpayer, the secrets, operation, style or work, or

13 apparatus of any manufacturer or producer, or confidential information

14 regarding the business of any taxpayer, knowledge of which was

15 acquired by him in the discharge of his official duties, shall, upon

16 conviction for each act or omission, be punished by a fine of not less than

17 Fifty thousand pesos (₱50,000) but not more than One hundred

18 thousand pesos (₱100,000), or suffer imprisonment of not less than two

19 (2) years but not more than five (5) years, or both.”

20 Any officer or employee of the Bureau of Internal Revenue who

21 divulges or makes known in any other manner to any person other than

22 the requesting foreign tax authority information obtained from banks

23 and financial institutions pursuant to Section 6(F), knowledge or

24 information acquired by him in the discharge of his official duties, shall,

22
1 upon conviction, be punished by a fine of not less than [Fifty thousand

2 pesos (₱50,000)] FIVE HUNDRED THOUSAND PESOS (₱500,000)

3 but not more than [One hundred thousand pesos (₱100,000)] ONE

4 MILLION PESOS (₱1,000,000), or suffer imprisonment of not less

5 than two (2) years but not more than five (5) years, or both.”

6 SEC. 25. Unlawful Divulgence of Tax Amnesty Return and Appurtenant

7 Documents. – It shall be unlawful for any person having knowledge of the Tax

8 Amnesty Return and appurtenant documents, to disclose any information

9 relative thereto, and any violation hereof shall be penalized a fine of One

10 Hundred Fifty Thousand Pesos (₱150,000) and imprisonment of not less than six

11 (6) years but not more than ten (10) years: Provided, That if the offender is an

12 officer or employee of the Bureau of Internal Revenue or any government entity,

13 the penalties under Section 270 of the National Internal Revenue Code of 1997,

14 as amended, shall apply. Provided, further, That the offender shall likewise

15 suffer an additional penalty of perpetual disqualification to hold public office.

16 TITLE VIII

17 CONGRESSIONAL OVERSIGHT COMMITTEE

18 AND FINAL PROVISIONS

19 SEC. 26. Report to Oversight Committee. – The Commissioner shall submit

20 to the Oversight Committee referred to in Section 290 of the National Internal

21 Revenue Code of 1997, as amended, through the Chairpersons of the Committee

22 on Ways and Means of the Senate of the Philippines and House of

23 Representatives, a detailed report on the implementation of this Act within six

24 (6) months after the two (2) year period of availment of the Estate Tax Amnesty

23
1 and one (1) year period of availment of the General Tax Amnesty and Tax

2 Amnesty on Delinquencies, and.

3 SEC. 27. Implementing Rules and Regulations. – The Secretary of Finance

4 shall, in coordination with the Commissioner of Internal Revenue, promulgate

5 and publish the necessary rules and regulations of this Act within ninety (90)

6 days from its effectivity.

7 The failure of the Secretary of Finance to promulgate the said rules and

8 regulations shall not prevent the implementation of this Act upon its effectivity.

9 SEC. 28. Separability Clause. – If any provision of this Act is subsequently

10 declared invalid or unconstitutional, the other provisions hereof which are not

11 affected thereby shall remain in full force and effect.

12 SEC. 29. Repealing Clause. – All other laws, acts, presidential decrees, rules

13 and regulations or parts thereof inconsistent with the provisions of this Act are

14 hereby expressly repealed, amended or modified accordingly.

15 SEC. 30. Effectivity. – This Act shall take effect fifteen (15) days after its

16 complete publication in the Official Gazette or in at least one (1) newspaper of

17 general circulation.

Approved,

24