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BIR suspends audits during emergency period

March 31, 2020 | 9:18 pm [ bworldonline.com ]



 BW FILE PHOTO

THE Bureau of Internal Revenue (BIR) has suspended audits due to the lockdown and plans to resume 60 days after the six-month state of emergency is lifted.

BIR Commissioner Caesar R. Dulay issued Revenue Memorandum Circular No. 34-2020 dated March 27, which also suspended the run time for the statute of limitations on assessing and collecting of taxes.

“The suspension of the running of the Statute of Limitations shall likewise apply with respect to the issuance and service of assessment notices, warrants and enforcement and/or collection of deficiency taxes,” according to the circular, published Tuesday.

“Under the law, the BIR has certain period only to issue a tax assessment, which is three years from date of filing of the return, and only has five years to initiate collection proceedings like filing a case in court,” Tax Management Association of the Philippines, Inc. (TMAP) President Romeo H. Duran said.

President Rodrigo R. Duterte earlier placed the entire country under a state of calamity and national emergency due to the coronavirus disease 2019 (COVID-19) outbreak.

Mr. Duran said the circular gives the BIR more time to audit taxpayers during the public health emergency.

Luzon has been placed under enhanced community quarantine until April 12 to contain the spread of the virus. — Beatrice M. Laforga
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Bank Bulletin No. 2020-03 advises all Authorized Agent Banks on certain policies in the acceptance of annual Income Tax Returns for CY 2019 / other tax returns whose due dates fall within the Community Quarantine Period

Bank Bulletin No. 2020-03 advises all Authorized Agent Banks on certain policies in the acceptance of annual Income Tax Returns for CY 2019 and other tax returns whose due dates fall within the Community Quarantine Period. 







Tax filing deadline extended to May 15

March 20, 2020 | 12:32 am [ bworldonline.com]



THE DEADLINE for filing annual income tax returns has been moved to May 15 due to the Luzon-wide lockdown. — PHILIPPINE STAR/ KRIZ-JOHN ROSALES

THE Bureau of Internal Revenue (BIR) extended the deadline for the filing of income tax returns (ITR) by one month to May 15, but the Finance department said this may result in an “estimated delay and shortfall in tax collections of around P145 billion.”

BIR Commissioner Caesar R. Dulay issued Revenue Memorandum Circular (RMC) No. 28-2020 dated March 18 which moved the deadline of the filing of 2019 annual ITRs to May 15 from April 15, amid the Luzon-wide lockdown over the spread of the coronavirus disease 2019 (COVID-19).

“This emergency measure is being offered to provide relief to Filipino taxpayers who will not be able to prepare, let alone file, the necessary ITR documents on or before the original annual deadline of April 15 because of skeletal workforce arrangements and enhanced community quarantine rules that the national government has implemented to contain the pandemic,” the DoF said in a statement.

The government targets to collect P3.49 trillion this year to fund its P4.1-trillion spending plan, with the remaining funds to be sourced from its borrowing activities. The BIR is tasked to collect P2.576 trillion.

Asked if the delay in collecting P145 billion in taxes would affect the government’s spending plan, Finance Secretary Carlos G. Dominguez III said in a Viber message that there will be “no impact” to government expenditures.

The DoF urged those who are able to file their ITRs on or before the original April 15 deadline to still do so, to allow the government to raise funds for efforts to contain the COVID-19 outbreak and to help affected sectors.

Taxpayers who are enrolled in the electronic filing and payment system may settle their tax liabilities with authorized agent banks. Other payment options include over-the-counter payments through authorized agent banks and electronic/online payment platforms.

Digital payments firm Paymaya Philippines has waived its P20-convenience fee for BIR payments through the platform until May 31.

Also, the BIR, through RMC 27-2020, extended the deadline for filing applications for value-added tax (VAT) refunds for those falling due on March 31 to April 30.

The bureau also suspended the 90-day period processing of VAT refund claims for ongoing claims, and those received between March 16 to April 14. The counting of the number of processing days will resume after the lifting of the Luzon-wide lockdown.

BIR Deputy Commissioner for Operations Arnel S.D. Guballa said in a mobile phone message that the bureau is “rushing” to work on extending other tax deadlines.

Tax Management Association of the Philippines, Inc. (TMAP) has welcomed the 30-day extension of ITR filing and payment as this will give accountants ample time to prepare amid the Luzon lockdown.

TMAP President Romeo H. Duran said they will still appeal to the BIR for a 30-day extension to deadlines of other returns which will fall under the quarantine period.

“We are very much in favor of the extension… [as well as on the] VAT refund, processing of claims. It’s so difficult to meet the March 31 deadline… We’re also looking at asking the BIR for other tax types also whose due dates will fall during the quarantine period,” he said in a phone interview.

He said they will also request the BIR to revisit the deadlines on other filing requirements such as administrative protests and replies since preparing these requires sifting through documents and onsite operations.

RMC 26-2020 dated March 17 reminded taxpayers that other returns with deadlines falling during the 30-day quarantine period can file “tentative returns” and “tax payers are given 30 days… to file the final tax returns and pay taxes due thereon.”

The entire Luzon island has been placed under enhanced community quarantine until April 12 in the government’s attempt to slow the spread of the virus that infected 217 and killed 17 people in the country, as of Thursday. — Beatrice M. Laforga
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BIR sets June 15 payment deadline for amended ITRs

March 17, 2020 | 9:18 pm [ bworldonline.com ]



THE Bureau of Internal Revenue (BIR) said it will waive penalties for income tax return (ITR) amendments provided that settlement payments are made on or before June 15, with the bureau still enforcing the April 15 filing deadline while Luzon is on lockdown.

BIR Commissioner Caesar R. Dulay issued Revenue Memorandum Circular on March 16 reiterating that the tax filing deadline remains April 15. However, it allows taxpayers to file ITRs tentatively if they believe the return to be prone to error due to “limitations in the preparation” during the one-month lockdown.

The order allows amendments to be filed “at any time” with no penalty if any additional income tax is settled on or before June 15.

“Considering the limitations in the preparation of the AITR (annual income tax return) to be filed by concerned taxpayers due to the aforesaid lockdown, errors in the determination of their income taxes are possible. Hence, taxpayers, at any time, can amend their AITR filed, provided the concerned taxable period has not been the subject of an audit,” according to the circular, a copy of which was sent to journalists Tuesday.

“An amendment that will result in additional income tax to be paid, can still be paid without the imposition of corresponding penalties if the same shall be done not later than June 15, 2020,” it added.

The BIR also urged taxpayers to use its electronic facilities to file their tax returns to limit their exposure to COVID-9, which has infected 142 people and killed 12 in the Philippines so far.

Taxpayers can still file through over-the-counter through an authorized bank or via BIR revenue collection offices.

The bureau’s electronic channels include those offered by Land Bank of the Philippines and the Development Bank of the Philippines, Union Bank of the Philippines and e-wallet services like GCash and Paymaya.

“The filing of tax returns manually can still be done by those who are not mandated to file and pay electronically, if the AITR to be filed has tax due and payable. If there is no tax to be paid, the same are required to be filed through eBIRForm facilities,” according to the circular.

President Rodrigo R. Duterte on Monday placed Luzon under “enhanced community quarantine” until April 13 to slow the spread of the disease, ordering home quarantine for most residents and limiting non-essential movement.

The order suspends classes, public transportation and work in government offices except for those under minimal staffing arrangements. It also asked the private sector to halt operations or adopt work-from-home schemes, but exempted those providing basic services necessities from home quarantine, including workers at groceries, pharmacies, clinics, hospitals, restaurants with delivery service, banks, and utilities. — Beatrice M. Laforga
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Revised schedule of zonal values of real properties. : RDO 68 & 64/ RDO 67/ RDO 66/ RDO 38/ RDO 25A/ RDO 70/ RDO 69

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KNOWING YOUR BIR REGULATIONS AND ISSUANCES

Revenue Regulations (RRs) are issuances signed by the Secretary of Finance, upon recommendation of the Commissioner of Internal Revenue, that specify, prescribe or define rules and regulations for the effective enforcement of the provisions of the National Internal Revenue Code (NIRC) and related statutes

Revenue Memorandum Orders (RMOs) are issuances that provide directives or instructions; prescribe guidelines; and outline processes, operations, activities, workflows, methods and procedures necessary in the implementation of stated policies, goals, objectives, plans and programs of the Bureau in all areas of operations, except auditing.

Revenue Memorandum Rulings (RMRs) are rulings, opinions and interpretations of the Commissioner of Internal Revenue with respect to the provisions of the Tax Code and other tax laws, as applied to a specific set of facts, with or without established precedents, and which the Commissioner may issue from time to time for the purpose of providing taxpayers guidance on the tax consequences in specific situations. BIR Rulings, therefore, cannot contravene duly issued RMRs; otherwise, the Rulings are null and void ab initio

Revenue Memorandum Circular (RMCs) are issuances that publish pertinent and applicable portions, as well as amplifications, of laws, rules, regulations and precedents issued by the BIR and other agencies/offices.

Revenue Bulletins (RB) refer to periodic issuances, notices and official announcements of the Commissioner of Internal Revenue that consolidate the Bureau of Internal Revenue's position on certain specific issues of law or administration in relation to the provisions of the Tax Code, relevant tax laws and other issuances for the guidance of the public.

BIR Rulings are official position of the Bureau to queries raised by taxpayers and other stakeholders relative to clarification and interpretation of tax laws.
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