Professional Documents
Culture Documents
SECTION 2. Amendments. —
"(b) Where ownership of the land and the dwelling house thereon
belongs to different persons, e.g., where the land is leased to the dwelling
house owner, only the dwelling house shall be treated as Principal Residence
of the dwelling house owner. Thus, if the said land and the dwelling house
thereon be jointly sold or disposed by the said owners, only the-sale or
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disposition of the dwelling house shall be entitled to the benefit of
exemption from the capital gains tax herein prescribed: Provided, however,
that where both the owner of the land and owner of the dwelling house
actually reside in the said dwelling house, then both the said land and
dwelling house shall be treated as their Principal Residence (e.g., owner of
the land is the parent while owner of the house is his child, or vice versa).
"(c) Where the land and the dwelling house thereon be owned by
several co-owners, e.g., inherited by two or more heirs through hereditary
succession, and where the said property is actually used as Principal
Residence by one or more of the said co-owners, including the members of
.his/their family, the said property shall be treated as the Principal Residence
of the co-owner/s actually occupying and using the same as his/their
Principal Residence but to the extent of his/their proportionate share in the
value of the principal residence. Conversely, the capital gains tax exemption
benefit herein prescribed shall not apply in respect of the other co-owners
who do not actually use and occupy the same as their Principal Residence.
"(d) The residential address shown in the latest income tax return
filed by the vendor/transferor immediately preceding the date of sale of the
said real property shall be treated, for purposes of these Regulations, as a
conclusive presumption about his true residential address, the certification of
the Barangay Chairman, or Building Administrator (in case of a
condominium unit), to the contrary notwithstanding, in accordance with the
doctrine of admission against interest or the principle of estoppel (e.g., if the
property was sold on May 1, 2000, the vendor's annual income tax return for
the year 1999, which he filed on or before April 15, 2000, showing his
residential address, shall be treated as a conclusive presumption that his true
residential address is that which is shown in his aforesaid income tax return).
If the vendor is exempt from filing any tax return, in which case, he has no
tax record immediately prior to the sale of his property, then the
aforementioned certification from the Barangay Chairman or Building
Administrator, as the case may be, shall suffice." ACaDTH
"(1) Escrow Agreement. — The six percent (6%) capital gains tax
otherwise due on the presumed capital gains derived from the sale, exchange
or disposition of his Principal Residence shall be deposited in cash or
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manager's check in interest-bearing account with an Authorized Agent Bank
(AAB) under an Escrow Agreement (ANNEX A hereof) between the
concerned Revenue District Officer, the Seller/Transferor and the AAB to
the effect that the amount so deposited, including its interest yield, shall only
be released to such Seller/Transferor upon certification by the said RDO that
the proceeds of sale or disposition thereof has, in fact, been utilized in the
acquisition or construction of the Seller/Transferor's new Principal
Residence within eighteen (18) calendar months from date of the said sale or
disposition. The date of sale or disposition of a property refers to the date of
notarization of the document evidencing the transfer of said property. In
general, the term "Escrow" means "A scroll, writing or deed, delivered by
the grantor, promisor or obligor into the hands of a third person, to be held
by the latter until the happening of a contingency or performance of a
condition, and then by him delivered to the grantee, promisee or obligee."
"The following shall be submitted with the Capital Gains Tax Return
herein required to be filed:
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(d) A certified xerox copy of the Transfer Certificate of Title
(TCT) or Condominium Certificate of Title (CCT), in case of a
condominium unit, covering the Principal Residence sold or disposed;
(a) A sworn statement that the total proceeds from the sale or
disposition of his old Principal Residence has been actually utilized in the
acquisition or construction of his new Principal Residence or, if the
construction of his new Principal Residence is still in progress, a sworn
statement that such amount shall be fully utilized to procure the necessary
materials and pay for the cost of labor and other expenses for the
construction thereof; CHATcE
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on the foregoing documents, that the proceeds of sale, exchange or
disposition of his old Principal Residence have already been fully utilized in
the acquisition or construction of his new Principal Residence, the
concerned Revenue District Officer shall, within fifteen (15) days from date
of submission by the Seller/Transferor of the foregoing documents, release
the Escrow on the aforesaid bank deposit in favor of the Seller/Transferor
(ANNEX B hereof).
(2) Any other violation of the provisions of these Regulations shall, upon
conviction for each act or omission, be punishable under Section 275 of the
Code by a fine of not more than One Thousand Pesos (P1,000.00) or imprisonment
of not more than six (6) months, or both, at the discretion of the Court.
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fifteen (15) days after its publication in any newspaper of general circulation.
Recommending Approval:
ANNEX "A"
Republic of the Philippines
Department of Finance
BUREAU OF INTERNAL REVENUE
Revenue Region No. _____
RDO No. _______
ESCROW AGREEMENT
That, the sum of _____________ (P______). representing six percent (6%) of the
selling price or fair market value, whichever is higher, of the Seller/Transferor's
"Principal Residence," which he sold/disposed on _____________, shall be deposited
with the above mentioned AAB on or before , 200_;
That, the said amount shall be placed in an interest bearing bank deposit account
under the account name of the taxpayer in trust for the Bureau of Internal Revenue:
Provided, however, that this account may be readily withdrawn at any time, upon
presentation of "Release from Escrow Agreement" signed by the CIR or his authorized
representative or the concerned Revenue District Office (RDO) when the proceeds of
sale/disposition has been utilized in the acquisition or construction of a new principal
residence within 18 months from the date of sale or disposition of the old principal
residence: Provided, further, that the AAB shall, at any time, upon written request of the
RDO, furnish the latter with information on the amount of interests earned by the said
bank deposit in escrow; cSEDTC
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That, no part of the said bank deposit may be withdrawn, delivered and paid to
any person except upon express and written order from the said Revenue District Office.
The Parties have signed this Agreement subject to the penalties of Perjury.
By:
_____________________________
Name and Signature of the Revenue
District Officer, RDO NO. ________
_______________________________
Name and Signature of Seller/Transferor
_____________________________
Name of the AAB, Name and
Signature of the AAB's Duly
Authorized Representative
ANNEX "B"
Date : ___________________
In accordance with our agreement, you are now hereby directed to turn over,
deliver and pay to the aforementioned Mr./Ms. ______________, the entire amount of the
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aforesaid deposit in escrow, including its interest yield, considering that all the conditions
for the release of the deposit in escrow have already been fully complied with by the said
Seller/Transferor.
BY:
________________________
Name and signature of RDO
ANNEX "C"
Date : ___________________
[INSTRUCTION. — The RDO shall state under this paragraph (1) whether
only a partial portion thereof may be so delivered are paid to the Seller/Transferor,
with the balance to be applied in payment of the Seller/Transferor's capital gains
tax, due to non-utilization, in full, of the proceeds of sale of his "Principal
Residence"; or (2) whether the entire escrowed deposit, including interest yield
thereof, shall be forfeited in favor of the Government and applied against the
taxpayer's capital gains tax, due to non-utilization of the entire proceeds thereof in
the acquisition or construction of the taxpayer's new "Principal Residence." If any
portion thereof is forfeited in favor of the Government, the RDO shall prepare
Authority to Accept Payment or Payment Order, addressed to the said AAB,
directing that such amount be receipted in the name of the taxpayer in payment of
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his capital gains tax. The taxpayer's copy of the official receipt shall be sent to the
taxpayer, by mail or personal delivery]
BY:
________________________
Name and signature of the RDO
RDO No.
(2)
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(a) Interest — shall refer to the payment for the use or forbearance
or detention of money, regardless of the name it is called or
denominated. It includes the amount paid for the borrower's use
of money during the term of the loan, as well as for his
detention of money after the due date for its repayment. cAaETS
(e) The interest expense must have been paid or incurred during the
taxable year;
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(a) General Rule. — In general, the amount of interest expense
paid or incurred within a taxable year on indebtedness in
connection with the taxpayer's trade, business or exercise of
profession shall be allowed as a deduction from the taxpayer's
gross income.
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1998
Net income before interest expense P1,000,000
Less: Interest expense P150,000
Less: 41% of interest income from
deposit (41% x P180,000) 73,800
————
Deductible interest expense 76,200
————
Taxable income P923,800
————
Income tax due for taxable year 1998 (34%) P314,092
========
(c) Interest on Unpaid Taxes. — Provisions of Sec. 4(b) hereof to
the contrary notwithstanding, interest incurred or paid by the
taxpayer on all unpaid business-related taxes shall be fully
deductible from gross income and shall not be subject to the
limitation on deduction heretofore mentioned. Thus, such
interest expense incurred or paid shall not be diminished by the
percentage of interest income earned which had been subjected
to final withholding tax.
(d) Other cases where interest expense is not deductible from gross
income. — No interest expense shall be allowed as deduction
from gross income in any of the following cases:
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Payable in two (2) years at 15% interest per annum,
payable in advance. On January 1, 1998, he received
from the bank the proceeds of his loan in the sum of
P700,000, net of interest paid in advance in the amount
of P300,000.
(2) If both the taxpayer and the person to whom the payment
has been made or is to be made are persons specified
under Sec. 36(B) of the Tax Code of 1997, viz:
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lineal descendants; or
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SECTION 5. Repealing Clause. — The provisions of any revenue
regulations or any revenue issuance or ruling inconsistent with these Regulations
are hereby repealed, amended, or modified accordingly.
Recommending Approval:
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6(G) of the same Code, these Regulations are hereby promulgated to extend
further the deadline for the accreditation of tax agents previously set under
Revenue Regulations 15-99 as amended by Revenue Regulations 3-2000.
A. ...
B. . . ."
Recommending Approval:
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December 12, 2000
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SECTION 4. Tax Compliance Requirement. — "Marginal income
earners", who are possible income tax filers and recipients or payors of income
payments subject to withholding tax and registered with the Bureau of Internal
Revenue, shall be entitled to the following privileges and minimum tax compliance
requirements:
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SECTION 6. Effectivity. — These Regulations shall take effect fifteen
(15) days after publication in the Official Gazette or in any newspaper of general
publication. HTCSDE
Recommending Approval:
"(A) . . .
(c) Rice subsidy of P1,000.00 or one (1) sack of 50-kg. rice per
month amounting to not more than P1,000.00;
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written plan which does not discriminate in favor of highly paid employees;
(j) Daily meal allowance for overtime work not exceeding twenty
five percent (25%) of the basic minimum wage."
"(b) . . .
"(i) . . .
"(iii) . . .
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SECTION 2. Section 2.33 (C) of Revenue Regulations No. 3-98, as
last amended by Revenue Regulations No. 8-2000, is hereby further amended to
read as follows:
(1) ...
(2) ...
(3) ...
(5) ...
(6) ...
The term "DE MINIMIS" benefits which are exempt from the fringe
benefits tax shall, in general, be limited to facilities or privileges furnished or
offered by an employer to his employees that are of relatively small value and are
offered or furnished by the employer merely as a means of promoting the health,
goodwill, contentment, or efficiency of his employees such as the following:
(c) Rice subsidy of P1,000.00 or one (1) sack of 50-kg. rice per
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month amounting to not more than P1,000.00;
Recommending Approval:
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(SGD.) DAKILA B. FONACIER
Commissioner
Bureau of Internal Revenue
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said parties may agree on who shall be liable or how they may
share on the cost of the tax. DaAIHC
(b) Exceptions. —
(c) Person liable to remit the DST. — In general, the full amount of
the tax imposed under Title VII of the Code may be remitted by
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any of the party or parties to the taxable transaction, except in
the following cases:
EXAMPLE:
Recommending Approval:
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SUBJECT : Amending Sections 2.78.1(A)(1), (A)(3), (A)(6), (A)(7) * (3),
and (B)(11)(b) of Revenue Regulations No. 2-98, as
Amended , and Section 2.33(C) of Revenue Regulations
No. 3-98 , with Respect to "De Minimis" Benefits,
Additional Compensation Allowance (ACA),
Representation and Transportation Allowance (RATA) and
Personal Economic Relief Allowance (PERA)
"(A) . . .
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"THE FOLLOWING SHALL BE CONSIDERED AS "DE MINIMIS"
BENEFITS NOT SUBJECT TO WITHHOLDING TAX ON
COMPENSATION INCOME OF BOTH MANAGERIAL AND RANK
AND FILE EMPLOYEES:
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THE CEILING HEREIN PRESCRIBED SHALL NOT BE CONSIDERED IN
DETERMINING THE P30,000 CEILING OF "OTHER BENEFITS"
PROVIDED UNDER SECTION 32(B)(7)(e) OF THE CODE.
HOWEVER, IF THE EMPLOYER PAYS MORE THAN THE CEILING
PRESCRIBED BY THESE REGULATIONS, THE EXCESS SHALL BE
TAXABLE TO THE EMPLOYEE RECEIVING THE BENEFITS ONLY IF
SUCH EXCESS IS BEYOND THE P30,000.00 CEILING. PROVIDED,
FURTHER, THAT ANY AMOUNT GIVEN BY THE EMPLOYER AS
BENEFITS TO ITS EMPLOYEES, WHETHER CLASSIFIED AS DE
MINIMIS BENEFITS OR FRINGE BENEFITS, SHALL CONSTITUTE AS
DEDUCTIBLE EXPENSE UPON SUCH EMPLOYER.
"(4) . . .
(5) ..
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to withholding, if the following conditions are satisfied:
"(a) . . .
"The above stated exclusions (a) and (b) shall cover benefits paid or
accrued during the year provided that total amount shall not exceed thirty
thousand pesos (P30,000.00) which may be increased through rules and
regulations issued by the Secretary of Finance, upon recommendation of the
Commissioner, after considering, among others, the effect on the same of the
inflation rate at the end of the taxable year."
"(12) ...
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"(13) FACILITIES AND PRIVILEGES OF RELATIVELY
SMALL VALUE OR 'DE MINIMIS' BENEFITS AS DEFINED UNDER
THESE REGULATIONS."
Recommending Approval:
(6) (7)
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REVENUE REGULATIONS NO. 07-00
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Recommending Approval:
APPROVED:
ANNEX A
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(8)
September 5, 2000
The following cases may, upon taxpayer's compliance with the basis set
forth under Section 3 of these Regulations, be the subject matter of compromise
settlement, viz:
1. Delinquent accounts;
3. Civil tax cases being disputed before the courts, e.g, CTA, CA,
SC;
EXCEPTIONS:
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to believe that the assessment is lacking in legal and/or
factual basis; or
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For compromise offers on delinquent accounts and disputed assessments
where the assessment notices were issued by the Regional Offices and the basic
assessed tax exceeds Five hundred thousand pesos (P500,000.00) but not over One
million pesos (P1,000,000.00), or for assessments issued by the National Office
where the basic assessed tax does not exceed One million pesos (P1,000,000.00),
the compromise offer, after evaluation by the Technical Working Group (TWG),
shall be approved by the Commissioner.
Members:
The NEB and the REBs of the Revenue Regions shall each create a
SECRETARIAT to handle the administrative functions of their respective TWGs.
Recommending Approval:
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Pursuant to Section 244 in relation to Sections 76 , 112 , 130
, 135, 204 and 230 all of the Tax Code of 1997, these Regulations
are hereby promulgated to prescribe the rules governing the issuance of BIR-issued
Tax Credit Certificates (TCCs), and the conditions for their use, conversion,
revalidation and transfer. HAcaCS
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thereon.
In no case shall a tax refund or tax credit certificate be given resulting from
availment of incentives granted pursuant to special laws for which no actual tax
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payment was made.
(iii) The transferee shall use the TCC assigned to him strictly
in payment of his direct internal revenue tax liability and
in no case shall the same be available for conversion to
cash in his hands.
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subject to the following procedures:
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SECTION 6. Repealing Clause. — Revenue Regulations No. 7-98
and any other revenue issuance inconsistent with these Regulations are hereby
repealed, amended or modified accordingly.
Recommended by:
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SECTION 1. Scope. — Pursuant to the provisions of Section 244, in
relation to Sections 237, 238, 264 and 275 of the Tax Code of 1997 , these
Regulations are hereby promulgated to prescribe the posting of a notice on the
requirement for the issuance of sales/commercial invoice and/or official receipts by
persons engaged in trade or business, including the exercise of profession, who are
required by law or regulations to issue sales/commercial invoice and/or official
receipts, define violations thereof and provide the penalties for non-compliance
therewith. IESTcD
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a) Failure and neglect to post the notice required herein; and/or
Any person who commits any of the above acts or omissions shall, upon
conviction, be punished by a fine of not more than One Thousand Pesos (P1,000)
or suffer imprisonment of not more than six (6) months, or both, pursuant to the
provisions of Section 275 of the National Internal Revenue Code (NIRC) of
1997.
Recommending Approval:
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June 14, 2000
Recommending Approval:
Illustration:
Solution:
Tax Due on Leaded Gasoline Sold (110,000 ltrs. x P5.35) P588,500.00
—————
Less: Tax Paid on Leaded Gasoline (10,000 ltrs. x P5.35) 53,500.00
Tax paid on Unleaded Gasoline (100,000 x P4.35) 435,000.00
—————
P488,500.00
—————
Balance of Excise Tax Due P100,000.00
=========
4. Application for Permit to Change Content of Storage Tanks. —
Before the end of the transition period, the concerned taxpayers
shall file an application with the Excise Taxpayers Service a
permit to change the content of their storage tanks from leaded
gasoline to unleaded gasoline.
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new industry participants shall be separately identified. After
the transition period, all deliveries from the refineries and
importation of leaded gasoline shall be strictly stored at the
storage tanks for leaded gasoline and the commingling of such
leaded gasoline with the content of storage tanks containing
unleaded gasoline is therefore prohibited.
Recommending Approval:
(9)
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REVENUE REGULATIONS NO. 01-00
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SECTION 4. Nature of the 5% Tax and Extent of Tax Exemption.—
The above 5% tax is imposed on "gross income earned" hence, income tax
in nature and a national internal revenue law in character. Registered ECOZONE
enterprises shall be exempt from all other taxes, national or local, except the real
property tax on land owned by developers, pursuant to Section 24 of R.A. No.
7916, as amended by R.A. No. 8748.
The aforesaid enterprise shall file quarterly income tax return within sixty
(60) days after the close of each of the first three (3) quarters and a final
adjustment income tax return covering the entire taxable year, not later than the
fifteenth (15th) day of the fourth (4th) month following the close of its taxable
year, whether a calendar or a fiscal year accounting period, in accordance with
Title II, Chapter XII, of the National Internal Revenue Code of 1997:
Provided, however, that it shall prepare and accomplish at least five (5) copies
thereof for filing, as follows: (1) Original and duplicate original copies thereof for
filing with the duly authorized representative of the Commissioner of Internal
Revenue, for the purpose of payment of the aforementioned 3% share of the
National Government; (2) two (2) copies thereof for the purpose of payment of the
aforesaid 2% share of the city/municipality; and (3) one (1) copy thereof for the
file of the said enterprise: Provided, further, that if two or more
cities/municipalities are entitled to a share in the two percent (2%) tax share of
cities/municipalities, as many copies shall be accomplished for the purpose of
filing at least two (2) copies thereof with the concerned cities/municipalities.
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duplicate original copies thereof for BIR purposes. The remaining copies thereof
shall be returned to the said enterprise, one (1) copy thereof for its file, and the
remaining copy, duly stamped received by the said authorized representative, shall
be submitted to the concerned city/municipal treasurer.
(c) Additional Attachment. — The said enterprise shall submit with its
quarterly income tax return a separate schedule showing (1) the "gross income
earned" for the quarter without, however, showing the details on how the same has
been computed; (2) the 5% special tax due thereon; (3) the 3% tax share of the
National Government; and (4) the share of each city/municipality from the 2% tax
share of cities and municipalities. The same schedule, in addition to its duly
audited financial statements, shall be submitted with its annual final adjustment
return: Provided, however, that for this purpose, the said schedule shall show the
details how its "gross income earned" has been computed. Provided, finally, that
all ECOZONE establishments shall secure on an annual basis a certification from
PEZA that (1) the establishment is a bona-fide PEZA-registered establishment
entitled to the 5% special tax on gross income and that (2) whenever applicable,
the percentage allocation of the 2% share in case of overlapping
municipalities/cities.
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shall show the following:
"CERTIFIED COPY:
The Treasurer
City/Municipality of _________________________
__________________________________________
Unless the taxpayer has duly protested against the deficiency tax
assessment, the same shall be paid by the taxpayer not later than the date
prescribed for its payment, as shown in the assessment notice, otherwise, the
corresponding delinquency increments shall be imposed.
Unless the taxpayer has duly protested against the deficiency tax
assessment, the same shall be paid by the taxpayer not later than the date
prescribed for its payment, as shown in the assessment notice, otherwise, the
corresponding delinquency increments shall be imposed.
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Secretary
Department of Finance
Recommending Approval:
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Endnotes
1 (Popup - Popup)
Annex A
Annex B
Annex C
2 (Popup - Popup)
RA 8424
3 (Popup - Popup)
* Note from the Publisher: Amendments to Section 2.78.1(A)(7) of RR 2-98 not
indicated in the official copy.
4 (Popup - Popup)
* Note from the Publisher: Amendments to Section 2.78.1(A)(7) of RR 2-98 not
indicated in the official copy.
5 (Popup - Popup)
* Note from the Publisher: Amendments to Section 2.78.1(A)(7) of RR 2-98 not
indicated in the official copy.
6 (Popup - Popup)
RA 8424
7 (Popup - Popup)
Annex A
8 (Popup - Popup)
RR 30-2002
RA 1405
RA 8424
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9 (Popup - Popup)
RA 7916
RA 8748
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