This document outlines the guidelines for tax compromise settlements and abatements in the Philippines. It specifies the circumstances under which compromise settlements and abatements are allowed or not allowed for delinquent tax accounts, assessment cases, civil tax cases, and collection cases. It provides the required documents and basis for compromise based on doubtful validity or financial incapacity. It also specifies the approval process and priorities for summary tax remedies. Compromise offers must be paid in full before approval. The Reb and Neb must report every six months on the exercise of their power to compromise.
This document outlines the guidelines for tax compromise settlements and abatements in the Philippines. It specifies the circumstances under which compromise settlements and abatements are allowed or not allowed for delinquent tax accounts, assessment cases, civil tax cases, and collection cases. It provides the required documents and basis for compromise based on doubtful validity or financial incapacity. It also specifies the approval process and priorities for summary tax remedies. Compromise offers must be paid in full before approval. The Reb and Neb must report every six months on the exercise of their power to compromise.
This document outlines the guidelines for tax compromise settlements and abatements in the Philippines. It specifies the circumstances under which compromise settlements and abatements are allowed or not allowed for delinquent tax accounts, assessment cases, civil tax cases, and collection cases. It provides the required documents and basis for compromise based on doubtful validity or financial incapacity. It also specifies the approval process and priorities for summary tax remedies. Compromise offers must be paid in full before approval. The Reb and Neb must report every six months on the exercise of their power to compromise.
RR 7-2001/ 30-2002/ 8-2004/ 9-2013: COMPROMISE SETTLEMENT GR: SURCHARGE AND COMPROMISE PENALTIES ONLY
POWER: REB/NEB GROUNDS:
ALLOWED: 1. UNJUST/EXCESSIVE ASSESSMENT 1. DELINQUENT ACCOUNTS (FINAL AND EXECUTORY) a. WRONG VENUE FILING/PAYMENT 2. ASSESSMENT CASES (AFTER ISSUANCE OF FAN/FLD) b. MISTAKEN PAYMENT DUE TO RO’S WRONG UNDER ADMIN PROTEST ADVISE 3. CIVIL TAX (ASSESSMENT) CASES DISPUTED BEFORE THE c. DUE TO DIFFICULT INTERPRETATION OF LAW COURT 2. ADMIN AND COLLECTION COST IS HIGH 4. COLLECTION CASES DISPUTED BEFORE THE COURT 3. TP IS DEAD WITH NO DISTRAINABLE PROPERTY 5. CRIMINAL VIOLATION NOT FILED IN COURT 4. PRESCRIBED COLLECTION CASES NOT ALLOWED: 1. WITHHOLDING TAXES (#) DOCUMENTS REQUIRED 2. CRIMINAL CASES FILED IN COURT A. BIR FORM 2110 3. DELINQUENT ACCOUNTS WITH APPROVED INSTALLMENT B. REQUEST LETTER WITH LEGAL AND FACTUAL BASIS 4. RECON/REIN AND TP AGREED WITH REDUCED ASSESSMENT FOR REQUEST 5. FINAL AND EXECUTORY CASES FROM COURTS (DECIDED C. WAIVER OF PRESCRIPTION CASES), STILL ALLOWED IF BASED ON FINANCIAL INCAPACITY ONLY 6. ESTATE TAX, STILL ALLOWED IF DOUBTFUL VALIDITY ONLY (!) REPORT ON EXCERCIS OF POWER TO COMPROMISE (REB & NEB)- EVERY SIX MONTHS TO CONGRESSIONAL OVERSIGHT COMMITTEE BASIS FOR COMPROMISE: 1. DOUBTFL VALIDITY [40% OF BASIC TAX] (!) 100% OF BASIC TAX SHOULD BE PAID PRIOR TO APPROVAL a. JEOPARDY ASSESSMENT b. ARBITRARY ASSESSMENT RMO 20-2007: TAX REMEDIES c. FAILURE TO PROTEST DUE TO FAILURE TO RECEIVE NOTICE/ LACK OF LEGAL BASIS A. ABATEMENT d. FAILURE TO PROTEST ON FAN/FLD WITH LACK OF RDO > TWC > CIR LEGAL BASIS (!) 100% OF BASIC TAX SHOULD BE PAID PRIOR TO APPROVAL e. FAILURE TO PROTEST WITH CTA WITH LACK OF LEGAL BASIS B. COMPROMISE f. BEO ASSESSMENT WITH PROOF OF LACK OF RDO > TWG > REB/NEB > CIR (NEB) LEGAL BASIS g. QUESTIONABLE WAIVER AGAINST PRESCRIPTION (!) PAY COMRPOMISE OFFER BEFORE APPROVAL
(#) DOCUMENTS REQUIRED RMO 33-2018: AUTHORITY TO CANCEL ASSESSMENT (ATCA)
A. BIR FORM 2107 1. FOR PROTESTED FAN/FLD CASES ONLY B. REQUEST LETTER WITH LEGAL AND FACTUAL BASIS a. REDUCED ASSESSMENT FOR REQUEST b. COMPROMISE SETTLEMENT C. WAIVER OF PRESCRIPTION i. INSOLVENCY c. ABATEMENT 2. FINANCIAL CAPACITY [GR: 10% OF BASIC TAX] d. AMENSTY/CONDONATION a. CORPORATION CLOSED/DISSOLVED [20% OF e. DECLARED ASSESSMENT AS NULL AND VOID BASIC TAX] f. PRESCRIBED CASES b. NON-OPERATING CORPORATION FOR 3 YEARS g. WRITE-OFF OR MORE i. DEAD WITHOUT ANY PROPERTY c. NON-OPERATING CORPORATION FOR LESS THAN ii. PERMANENT CESSATION 3 YEARS [20% OF BASIC TAX] iii. DISSOLUTION d. 50% IMPAIRMENT ON ORIGINAL CAPITAL [40% iv. GPP WITH DEAD PARTNERS OF BASIC TAX] v. AR/DA CASES BELOW 20K e. NET WORTH DEFICIT (LIAB > ASSET) [20% OF GCRO BASIC TAX] PRIORITES FOR SUMMARY REMEDIES f. PURE COMPENSATION INCOME EARNER WITH 1. PRESCRIBING COLLECTION CASES WITHIN 1 YEAR NO OTHER PROPERTIES AND SOURCE OF INCOME 2. RATE AND FRADULENT CASES g. DECLARED BANKRUPT [20% OF BASIC TAX] 3. WITH MULTIPLE PROPERTIES 4. NO INTENTION TO PAY (#) DOCUMENTS REQUIRED 5. OTHER DELIQUENT ACCOUNTS FROM RDOs A. BIR FORM 2107 6. FALIURE TO PAY 2ND INSTALLMENTS B. REQUEST LETTER WITH LEGAL AND FACTUAL BASIS FOR REQUEST C. WAIVER OF PRESCRIPTION D. LASTEST FS FOR PREVIOUS 3 YEARS E. CERTIFICATION OF MONTHLY SALARIES F. SWORN STATEMENT OF NO OTHER INCOME G. COPY OF ORDER OF BANKRUPTCY H. CERT OF NO PROPERTY HOLDINGS I. WAIVER ON SECRECY OF BANK DEPOSITS J. SWORN OF NO TCC: NOT FINANCIAL INCPACITATED IF WITH TCC
NEB- BASIC TAX ABOVE P500K, BELOW MINIMUM RATES (!) ALL NEB DECISIONS NEED CONCURRENCE OF CIR REB- BASIC TAX OF P500K AND BELOW, MINOR CRIMINAL VIOLATIONS, WITHIN MINIMUN RATES
(!) PAY COMRPOMISE OFFER BEFORE APPROVAL
(!) REPORT ON EXCERCIS OF POWER TO COMPROMISE (REB & NEB)-
EVERY SIX MONTHS TO CONGRESSIONAL OVERSIGHT COMMITTEE