Republic of the Philippines

Department of Finance
BUREAU OF INTERNAL REVENUE
REVENUE REGION 2
Cordillera Administrative Region

BIR Updates Applicable to Govt.

Agencies/Offices/GOCCs
/LGUs
Atty. Eduardo T. Bajador
Regional Director
February 7, 2013
 RR 18-2012
October 22, 2012

Regulations in the Processing of Authority to Print

(ATP) Official Receipts, Sales Invoices, and Other
Commercial Invoices using the On-line ATP System
and Providing for the Additional Requirements in the
Printing Thereof
 RR 18-2012
October 22, 2012

Highlights:

When a public corporation or a local government unit acts in its

proprietary character, it is regarded as having the rights and obligations of
a private corporation. (Government Proprietary Function)

For Govt. entities to be taxable, the ff requisites must concur:

1) the govt entity concerned must not be performing as

essential government function; and

2) it must be engaged in similar business, industry, or

activity as performed by other ordinary taxable corporations.

All income realized from or received in the exercise of its proprietary

functions shall be subject to income tax and business taxes in the same
manner as other private corporations similarly situated.
 RR 18-2012
October 22, 2012

Policies and Guidelines

- All persons, whether private or government, who are

engaged in business shall secure/apply from the BIR
an Authority to Print principal and supplementary
receipts/invoices.

National Government Agencies (NGAs), Government

Owned and Controlled Corporation (GOCCs) and Local
Government Units (LGUs) engaged in proprietary
functions shall apply for ATP in the printing of their
principal and supplementary receipts/invoices.
 RR 18-2012
October 22, 2012

- For newly registered taxpayers, the ATP shall

be secured simultaneously with the Certificate
of Registration (COR)

- The taxpayer-applicant shall apply for an ATP

and submit the required documents , using the
On-line ATP System.

- As a general rule, all applications for ATP of the

Head Office (HO) and all its branches shall be
done on-line.
 RR 18-2012
October 22, 2012

- There shall be one application for ATP per

establishment (HO or Branch) which shall be filed with
RDO/LT Office concerned where the HO is registered.

- The approved ATP shall be valid only upon full

usage of the inclusive serial numbers of principal and
supplementary receipts/invoices reflected in such ATP or
five (5) years from issuance of the same, whichever
comes first.

- Only BIR Accredited Printers shall have the exclusive

authority to print principal and supplementary
receipts/invoices.
 RR 18-2012
October 22, 2012

Transitory Provision
All unused /unissued principal and supplementary
receipts/invoices printed prior to the effectively of these
Regulations, shall be valid until June 30, 2013.

A taxpayer with expiring ATP for its invoices/receipts

(principal and supplementary) shall apply for a new ATP not later
than Sixty (60) days prior to actual expiry date. All
unused/unissued principal/supplementary receipts/invoices shall
be surrendered to the RDO where the taxpayer is registered on or
beofre the 10th day after the validity peiord of the expired
recipts/invoices for destruction. An inventory listing of the same
shall also be submitted.
 RR 15-2012
December 3, 2012

Regulations on the Accreditation of

Printers as a prerequisite to their
Printing Services of Official
Receipts, Sales Invoices and Other
Commercial Receipts and/or
Invoices
 RR 15-2012
December 3, 2012

Policies and Guidelines

- the application for accreditation of printers shall be in

the form a Sworn Statement duly executed by the
applicant-printer.

- all printers registered as engage in the business of

printing principal and supplementary invoices/receipts
shall be required to undergo the accreditation process.

- all applications for accreditation of printers shall be

submitted using the Online System of Accreditation of
Printers

- a list of all duly-accredited printers per RDO shall be posted

and regularly updated at the BIR website (www.bir.gov.ph)
for ready reference by the public.
 RR 15-2012
December 3, 2012

Policies and Guidelines continue

- only BIR Accredited Printers shall have the exclusive

authority to print principal and supplementary
receipts/invoices

- A taxpayer may file a petition for revocation of the

printers Certificate of Accreditation in meritorious cases.

- discovery of printing of spurious Ors/Sis shall be a ground for

immediate revocation of Certificate of Accreditation/dis-
accreditation of the accredited printers. The discovery thereof
shall be a cause of immediate business closure under
OPLAN KANDADO and the filing of a criminal case against t
he accredited printers.
 RR 15-2012
December 3, 2012

Policies and Guidelines continue

- The Certificate of Accreditation shall be subject for revocation if

the following findings have been discovered:

a. Tampered Certificate of Accreditation

b. Any misrepresentation on the Sworn Statement submitted by
the printer
c. Valid stop filer cases against printer for the last three (3) months
of operation.
d. Unsettled delinquent accounts against printer for the last three
(3) months
e. Requiring a minimum number of booklets from their
client/customer
f. Failure to submit reports as required
g. Any violation(s) of the accredited printer on the policies and
procedures
 RR 15-2012
December 3, 2012

Effectivity Clause:

Effective once the online system for Accreditation of

Printers becomes available upon release of a Revenue
Issuance announcing its availability.
 RMC 68-2012
November 5, 2012

Condonation of Tax Liabilities of

Local Water Districts
(RA No. 10026)
 RMC 68-2012
November 5, 2012
Republic Act (R.A.) No. 10026
All unpaid taxes or any portion thereof due from a
local water district for the period starting August 13, 1996
until the effectivity date of this Act are hereby condoned
by the government subject to the following conditions:
1) that the BIR, after careful review of the financial
statements of a water district applying for
condonation of taxes due, established its finanial
incapacity, after providing for its amaintenance and
operating expenses, debt servicing and reserved
fund, to meet such obligations for the period stated
herein.
 RMC 68-2012
November 5, 2012
Republic Act (R.A.) No. 10026
continue.
2) that the water district availing of such condonation
shall submit to Congress of the Philippines a
program of internal reforms, duly certified by the local
water utilities administration, that would bring about its
economic and financial viability.

NOTE:
The condonation is not automatic and that a local water district
must meet certain requirements before it can avail of the tax
incentives.
 RMC 68-2012
November 5, 2012

APPLICATION
The applicant must file with the Technical working
Committee on abatement through the Assistant
Commissioner Collection Services stating the
requirements prescribed under RMC 68-2012.

PRESCRIPTION
All applications for condonation must be filed on or
before April 30, 2013. No application for condonation
may be processed after the said date.
 RR 1-2013
January 23, 2013

Further Expands the Coverage of

Taxpayers Required to File Tax
Returns and Pay Taxes Through the
Electronic Filing and Payment System
(eFPS) to Include National government
Agencies (NGAs) Mandatorily
Required to use the Electronic Tax
Remittance Advice (eTRA)
 RR 1-2013
January 23, 2013

ISSUANCE OF A NOTIFICATION LETTER

The Bureau of Internal Revenue (BIR) shall issue a

Notification Letter to all National Government Agencies,
including their branches and extension offices located
nationwide which have their own disbursement functions, to
inform them that they are mandated to use the eFPS in filing the
required returns and in paying the taxes due thereon.
 RR 1-2013
January 23, 2013

RESPONSIBILITY OF THE NATIONAL GOVERNMENT AGENCYS

The Head Office of the concerned NGA shall be

responsible in providing the BIR with the list of all its branches/field
or extension offcies located nationwide which have their own
disbursement functions, with information as to their respective
business addresses, agency codes and taxpayer identification
numbers (TINs).
 RR 1-2013
January 23, 2013

ENROLLMENT FOR SYSTEM USAGE

All NGAs notified are required to enroll first with the BIRs
eFPS facility and they shall be required to submit to the Revenue
District Office where they are registered the names of two (2)
authorized officers designated to file the required tax returns
pursuant to Section 52 (A) of the Tax code (e.g. Head of Office
and chief Accountant/Disbursement Officer).
 RR 1-2013
January 23, 2013

RETURNS COVERED BY ENROLLMENT

NGAs mandated to file electronically thru the issuance of
the Notification Letter shall file their tax returns via the eFPS,
whether or not payment shall make use of eTRA.

TIME OF FILING OF RETURNS AND PAYMENT OF TAX DUE

Usually add five days on the due dates of manual filing of
returns. For complete list of deadlines please refer to RR 1-2013
and RMC 23-2012 available on our website (www.bir.gov.ph).
 RMC 23-2012
February 14, 2012

Reiteration of the Officials and

Employees of government Offices
for the Withholding of applicable
taxes on certain Income Payments
and the Imposition of Penalties for
Non-Compliance Thereof
 HISTORY
EXECUTIVE ORDER N0 651
February 16, 1981

REQUIRING GOVERNMENT OFFICES, AGENCIES AND

INSTRUMENTALITIES TO COMPLY STRICTLY WITH
THE LAWS AND REGULATIONS ON WITHHOLDING OF
TAXES
 EXECUTIVE ORDER
N0. 651
directing all ministries, bureaus, offices, agencies and
instrumentalities of the Philippines and provincial, city or municipal
governments, as well as Government Owned and Controlled Corporations
to comply strictly with the requirement for withholding and remittance of
internal revenue taxes imposed by the NIRC.
every ministry, agency, office, or instrumentality shall submit to
the Bureau of Internal Revenue the name and position of the employee or
officer charged with the duty to withhold and remit taxes, not later than
sixty (60) days from the issuance of this Order and any change of
designation thereafter shall be reported within ten (10) days from the date
thereof.
any employee or officer of any government office or agency,
charged with the duty to withhold and remit internal revenue taxes within
the time prescribe, is personally liable to surcharges and interests arising
from delinquencies in withholding and remittance of taxes, in addition to a
fine of not less than 5,000 pesos and an imprisonment of not less than one
year nor more than two years.
 WHO ARE THE RESPONSIBLE GOVERNMENT
OFFICIALS (RMO 8-2003 March 3, 2003)

1) Local Government Units:

a) Provinces - Governor, Provincial Treasurer and

Provincial Accountant

b) Cities - Mayor, City Treasurer and City Accountant

c) Municipalities - Mayor, Municipal Treasurer and Municipal

Accountant

d) Barangays - Barangay Captain and Barangay Treasurer

 WHO ARE THE RESPONSIBLE GOVERNMENT
OFFICIALS (RMO 8-2003 March 3, 2003)

2) National Government Agencies Heads of Offices ( officials

holding the highest position) and Chief accountants or
other persons holding similar positions in departments,
bureaus, agencies and instrumentalities officially
designated as such by the head office.
3) Government Owned or Controlled Corporation (GOCC)
Heads of Offices (officials holding the highest position) and chief
accountants or other person holding similar positions officially
designated as such by the head of office.
4) Other Government Offices Heads of Offices (official
holding the highest position) and chief Accountants or other
persons holding similar positions officially designated as
such by the head of office.
 WHO ARE THE RESPONSIBLE GOVERNMENT
OFFICIALS (RMO 8-2003 March 3, 2003)

5) Government Offices with Decentralized accounting

System and/or Branches/Regional Offices/District Offices
Registered with their respective Revenue district Offices
Heads of such Offices/Regional/District Offices (officials
holding the highest position) and Chief Accountants or other
persons holding similar positions officially designated as such by
the head of office. (example: a) in case of BIR Regional Offices,
it shall be the Regional Director and Chief, Finance Division and
b) in case of DECS, the Regional Director and Chief, Budget &
Finance Division).
 RESPONSIBILTY OF
AGENCIES/OFFICES/GOCCs/LGUs
(Memorandum ACIR Collection Service July 22,2004)

We are all directed to:

- identify and submit an updated name of personnel charged with the
duty to deduct, withhold and remit taxes withheld on Compensation,
Expanded, Final and Govt Money Payments (GMP) on Percentage
and Value added Tax including Franchise Tax.
- submit the names of the incumbents of such positions to the
Commissioner of Internal Revenue thru the Revenue District Office
within thirty (30) days from receipt of such notification. Any change of
such incumbents shall be reported, and names of the replacement
submitted within ten (10) days from such change or replacement.

Note: The designated official shall be personally liable for the additions to the tax
prescribed in Chapter 1, Title X of the National Internal Revenue Code, as
amended, for violations of withholding tax laws and regulations.
 RESPONSIBILTY OF
AGENCIES/OFFICES/GOCCs/LGUs
(Memorandum ACIR Collection Service July 22,2004)

ANNEX B-1

REGISTRATION OF OFFICIAL DESIGNATED AS WITHHOLDING AGENTS

FOR THE GOVERNMENT PURSUANT TO EXECUTIVE ORDER NO. 651
ANNEX B-1
REGISTRATION OF OFFICIAL DESIGNATED AS WITHHOLDING AGENTS
FOR THE GOVERNMENT PURSUANT TO EXECUTIVE ORDER NO. 651

____________

Date
The Commissioner
Bureau of Internal Revenue
National Office Bldg., Diliman Quezon City
ATTENTION: The Revenue District Officer
Revenue District Office No. 55
San Pablo City
Gentleman:
In compliance with Executive Order No. 651, as implemented by Revenue Regulations No. 1-87, as amended by Revenue Regulation
Nos. and 10-97, we are submitting the names of officials designated as withholding agents who are charged with the duty to withhold and remit taxes for:
_____________________________________ ______________________________
(NAME OF GOVERNMENT OFFICE) (ADDRESS)

NAME OF WITHHOLDING AGENT POSITION

Name: __________________________________ A. Head of Agency

Address: __________________________________ Mayor
TIN: ___________________________________________
Governor

B. Chief, Accountant
Name: __________________________________ City Treasurer
Address: __________________________________
TIN: ___________________________________________
Municipal Treasurer
Provincial Treasurer
Barangay Captain
Barangay Treasurer
DATE OF DESIGNATION: ________________________________
MONTH DAY YEAR
These officials are personally liable for the additions to the tax prescribed in Chapter 1, Title X of the National Internal
Revenue Code as amended.
Very truly yours,
__________________________________
SIGNATURE OVER PRINTED NAME
______________________
Position
 Responsibilities of the Government
Officials/Employees as Withholding
Agents (RMC 23-2012)
1. To register the government Office as withholding agent

2. To require employees to submit the duly accomplished

Application for Registration (BIR Form 1902) for newly
hired employees and BIR Form 2305 for updates within
ten (10) days upon commencement of employment or
after the change in exemption.

3. To withhold the correct amount of Tax

4. To remit on time taxes with held.

 Responsibilities of the Government
Officials/Employees as Withholding
Agents (RMC 23-2012)
5. To issue the corresponding certificates of taxes
withheld

6. To do the year-end adjustment

7. To timely file with the BIR, the annual information

return and alphabetical lists of employees/payees, if
applicable.
 Responsibilities of the Government
Officials/Employees as Withholding
Agents (RMC 23-2012)

PENALTIES

1. Additions to the Tax Interest, surcharges,

compromise penalties (Sec. 251, 249, 248, 252,
275)

CRIMINAL LIABILITIES

Sec. 255, 256, 272 and 275 of NIRC

 RR 5-2012
April 2, 2012

Binding Effect of Rulings Issued

Prior to Tax Reform Act of 1997
 RR 5-2012
April 2, 2012

COVERAGE

- All rulings issued prior to January 1, 1998 will no longer

have any binding effect. Consequently , these rulings cannot
be invoked as basis for any current business transaction/s.
Neither can these rulings be used as basis for securing legal tax
opinions/rulings.

REPEALING CLAUSE

- All existing rules and regulations or parts thereof which

are inconsistent with the provisions of these Regulations are
hereby amended , repealed or revoked accordingly.
 RMC 22-2012

Clarification on the
Implementation of RR 5-2012
 RMC 22-2012
April 2, 2012

1. All BIR Rulings issued prior to Jan 1, 1998 are not to

be used as precedent by any taxpayer as a basis
to secure rulings for themselves for current
business transaction/s or in support of their position
against any assessment.

2. All BIR rulings issued prior to Jan 1, 1998 are not to

be used by any BIR action lawyer in issuing new
rulings for request for rulings involving current
business transaction/s.
 RMC 22-2012
April 2, 2012

3. However, BIR Rulings issued prior to Jan 1, 1998 remains to

be valid but only:

a. To the taxpayer who was issued the ruling; and

b. Covering the specific transaction/s which is the
subject of the same ruling

4. BIR Rulings issued prior to Jan 1, 1998, shall remain valid as

mentioned above, unless expressly notified of its
revocation or unless the legal basis in law for such
issuance has already been repealed/amended in the
current Tax Code.