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Statutory Offenses and Penalties

Additions to Tax

Crimes/Offense Penalties
 Sec. 250: Failure to file certain information  1,000 pesos for each failure to file (for the
Returns person in charge of filing to the
commissioner)
 Sec. 251: Failure of a Withholding agent to  Conviction and a fine equal to the total
Collect and Remit Tax amount of the tax not withheld, nor not
accounted for and remitted
 Sec. 252: Failure of a withholding agent to  Penalty of a fine equivalent to the total
refund excess withholding tax amount of refunds which was not refunded
to the employee resulting from any excess
of the amount withheld over the tax
actually due on their return.

Crimes other offenses and Forfeitures

Crimes/Offense Penalties
 Sec. 254: Attempt to Evade or Defeat tax  Imprisonment (not less than two (2) years
but not more than four (4) years
 Fine (not less than Php. 30,000.00 and not
more than Php. 100,000.00)
 Sec. 255: Failure to file Return, supply  Imprisonment of not less than one (1) year
correct and accurate information, pay tax, but not more than ten (10) years and a fine
withhold and remit tax and refund excess of not less than ten thousand pesosn (Php.
Taxes withheld on compensation 10,000.00) (Failure to file Return, supply
correct and accurate information, pay tax,
withhold and remit tax and refund excess
Taxes withheld on compensation)
 Imprisonment of not less than one (1) year
but not more than three (3) years and a fine
of not less than ten thousand (Php.
10,000.00) but not more than twenty
thousand (Php. 20,000.00) (withdrawing
the return after receiving seal or stamp of
receipt of an internal revenue office)
 Sec. 257: Penal Liability for Making False  Imprisonment of not less than two (2) years
Entries, Records or Reports, or Using but not more than six (6) years and a fine
Falsified or Fake Accountable Forms of not less than fifty thousand (50,000.00)
pesos but not more than one hundred
thousand (100,00.00) pesos.
 Sec. 258: Unlawful Pursuit of Business  Imprisonment of not less than six (6)
months but not more than two (2) years and
a fine of not less than five thousand
(5,000.00) pesos but not more than twenty
thousand (20,000.00) pesos (annual
registration fee is imposed without paying
the tax required)
 Imprisonment of not less than two (2) years
but not more than four (4) years and a fine
of not less than thirty thousand (30,000.00)
pesos but not more than fifty thousand
(50,000.00)pesos (for failure of payment of
excise tax)
 Sec. 259: Illegal collection of Foreign  Imprisonment of not less than one year but
Payments not more than two (2) years and a fine of
not less than twenty thousand (20,000)
peso but not more than fifty thousand
(50,000.00) pesos
 Sec. 260: Unlawful possession of Cigarette  Imprisonment of not less than six (6) years
Paper in Bobbins or Rolls Etc. and one (1) day but not more than twelve
(12) years and a fine of not less than
twenty thousand (20,000.00) pesos but not
more than one hundred thousand
(100,000.00) pesos
 Sec. 261: Unlawful use of Denatured  Imprisonment of not less than six (6) years
Alcohol and one (1) day but not less than twelve
(12) years and a fine of not less than
twenty thousand (20,000.00) pesos but not
more than one hundred thousand
(100,000.00) pesos
 Sec. 262: Shipment or Removal of Liquor  Imprisonment of not less than six (6) years
or Tobacco Products under False Name or and one (1) day but not less than twelve
Brand or as an Imitation of any Existing Or (12) years and a fine of not less than
Otherwise Known Product Name or Brand twenty thousand (20,000.00) pesos but not
more than one hundred thousand
(100,000.00) pesos
 Sec. 263: Unlawful Possession or Removal  Imprisonment of not less than sixty (60)
of Articles Subject to Excise Tax without days and not more than one hundred (100)
payment of the Tax days and a fine of not less than One
Thousand (1,000) pesos nor more than two
thousand (2,000) pesos (if the articles does
not exceed one thousand (1000) pesos)
 Imprisonment of not less than two (2) years
but not more than four (4) years and a fine
of not less than ten thousand (10,000) but
not more than twenty thousand (20,000)
pesos ( articles exceeding one thousand
pesos but does not exceed fifty thousand
pesos
 Imprisonment of not less than 4 years but
not more than six years and a fine of not
less than thirty thousand (30,000.) but not
more than 60,000 pesos (if the articles
exceeds 50,000 but not exceeding 150,000)
 Imprisonment of not less than 10 years but
not more than 12 years and a file of not less
than 50,000.00 pesos but not more than
100,000.00 pesos (if the articles exceeds
150,000.00)
 Imprisonment of not less than 2 years but
not more than 4 years and a fine 10 times
the amount of tax due on the articles found
but not less than 500 pesos (in possession
of manufactured articles subject to excise
tax and have not been paid)
 Imprisonment of not less than 1 year but
not more than 2 years and a fine 10 times
the amount of excise tax due but not less
than 1000 pesos ( removes, allows or
causes the unlawful removal of any such
articles subject to excise tax)
 Sec. 264: Failure or Refusal to Issue a  Imprisonment of not less than two years
Receipts or Sales or Commercial Invoices, but not more than four years and a fine of
Violations Related to the Printing of Such not less than 1000 but not more than
Receipts or Invoices and other Violations 50,000.00
 Sec. 265: Offenses Relating to Stamps  Imprisonment of not less than 4 years but
not more than 8 years and a fine of not less
than 20,000 but not more than 50,000
pesos
 Sec. 266: Failure to Obey Summons  Imprisonment of not less than 1 year but
not more than 2 years and a fine of not less
than 5,000 but not more than 10,000 pesos
 Sec. 268: Other Crimes and Offenses:  Summary Cancellation or Withdrawal of
A. Misdeclaration or Misrepresentation of the Permit to engage in business as
Manufacturers Subject to Excise Tax manufacturer of Articles subject to excise
B. Forfeiture of Property Used in tax
Unlicensed Business or Dies used for  .
Printing False Stamps, Etc.  Forfeiture of the Imported articles
C. Forfeiture of Goods Illegally stored or
Removed

Penalties Imposed on Public Officers

Crimes/Offense Penalties
 Sec. 269: Violations Committed by  Imprisonment of not less than 10 years but
Government Officers not more than 15 years and a fine of not
less than 50,000 but not more than 100,000
pesos (government agencies guilty of
violation of the offenses in this section)
 Sec. 270: Unlawful Divulgence of Trade  Imprisonment of not less than 2 years but
Secrets not more than 5 years and a fine of not less
than 50,000 but not more than 100,000
pesos
 Sec. 271: Unlawful Interest of Revenue  Imprisonment of not less than 2 years but
Law Enforcers in Business not more than 4 years and fine of not less
than 5,000 but not more than 10,000 pesos
 Sec. 272: Violation of Withholding Tax  Imprisonment of not less than 6 mos and 1
Provision day but not more than 2 years or both and
fine of not less than 5,000 but not more
than 50,000 pesos
 Sec. 273: Penalty for Failure to Issue and  Automatic dismissal from the service after
Execute Warrant due notice and hearing

Other Penal Provision

Crimes/Offenses Penalties
 Sec. 275: Violation of Other Provisions of  Imprisonment of not more than 6 mos and
this Code or Rules and Regulations in a fine of not more than 1000 pesos
General
 Sec. 276: Penalty for Selling, transferring,  Imprisonment of not less than 2 years and 1
Encumbering, or in any way disposing of day but not more than 4 years and a fine of
Property Placed under Constructive not less than 5,000 pesos
Distraint
 Sec. 277: Failure to Surrender Property  Imprisonment of not less than 6 mos and 1
Placed under Distraint and Levy day but not more than 2 years or both and a
fine of not less than 5,000 pesos
 Sec. 278: Procuring Unlawful Divulgence  Imprisonment of not less than 6 mos nor
of Trade Secrets more than 5 years or both and a fine not
more than 2,000 pesos
 Sec. 279: Confiscation and Forfeiture of 
the Proceeds or Instruments of Crime
 Sec. 280: Subsidiary Penalty 
 Sec. 281: Prescription for Violation of any  (5 years prescription)
provision of this code
 Sec. 282: Informer’s Reward to Persons 
Instrumental in the Discovery of Violations
of the National Internal Revenue Code and
in the Discovery and Seizure of Smuggled
Goods

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