The document amends certain sections of Revenue Regulations No. 12-99 regarding the due process requirement in issuing deficiency tax assessments. It adds a new section requiring a Notice of Informal Conference to allow taxpayers to present their case if found liable for deficiency taxes after an audit. It also sets timeframes for the informal conference and subsequent endorsement of cases if taxpayers remain liable after presenting their side.
The document amends certain sections of Revenue Regulations No. 12-99 regarding the due process requirement in issuing deficiency tax assessments. It adds a new section requiring a Notice of Informal Conference to allow taxpayers to present their case if found liable for deficiency taxes after an audit. It also sets timeframes for the informal conference and subsequent endorsement of cases if taxpayers remain liable after presenting their side.
The document amends certain sections of Revenue Regulations No. 12-99 regarding the due process requirement in issuing deficiency tax assessments. It adds a new section requiring a Notice of Informal Conference to allow taxpayers to present their case if found liable for deficiency taxes after an audit. It also sets timeframes for the informal conference and subsequent endorsement of cases if taxpayers remain liable after presenting their side.
The document amends certain sections of Revenue Regulations No. 12-99 regarding the due process requirement in issuing deficiency tax assessments. It adds a new section requiring a Notice of Informal Conference to allow taxpayers to present their case if found liable for deficiency taxes after an audit. It also sets timeframes for the informal conference and subsequent endorsement of cases if taxpayers remain liable after presenting their side.
SUBJECT : Amending Certain Sections of Revenue Regulations No. 12-99, as
Amended by Revenue Regulations No. 18-13, Relative to the Due Process Requirement in the Issuance of a Deficiency Tax Assessment
TO : All Internal Revenue Officers and Others Concerned
SECTION 1. Scope. — Pursuant to the provisions of Section 244, in relation to
Section 245 of the National Internal Revenue Code of 1997 (Tax Code), as amended, these Regulations are hereby promulgated to amend provisions of Revenue Regulations (RR) No. 12-99, as amended by RR No. 18-13. SECTION 2. Amendment. — Section 3 of RR 12-99, as amended by RR No. 13- 18, is hereby amended by adding Section 3.1.1 providing for the preparation of a Notice of Informal Conference, thereby renumbering other provisions thereof, and prescribing other provisions for the assessment of tax liabilities. The pertinent provisions of Section 3 of RR 12-99 shall now read as follows: "SECTION 3 . Due Process Requirement in the Issuance of a Deficiency Tax Assessment . — 3.1 Mode of procedure in the issuance of a de ciency tax assessment: 3.1.1 Notice for Informal Conference . — The Revenue O cer who audited the taxpayer's records shall, among others, state in his report whether or not the taxpayer agrees with his ndings that the taxpayer is liable for de ciency tax or taxes. If the taxpayer is not amenable, based on the said O cer's submitted report of investigation, the taxpayer shall be informed, in writing, by the Revenue District Office or by the Special Investigation Division, as the case may be (in the case of Revenue Regional O ces) or by the Chief of Division concerned (in the case of the BIR National O ce) of the discrepancy or discrepancies in the taxpayer's payment of his internal revenue taxes, for the purpose of "Informal Conference," in order to afford the taxpayer with an opportunity to present his side of the case. The Informal Conference shall in no case extend beyond thirty (30) days from receipt of the notice for informal conference. If it is found that the taxpayer is still liable for de ciency tax or taxes after presenting his side, and the taxpayer is not amenable, the Revenue District O cer or the Chief of the Special Investigation Division of the Revenue Regional O ce, or the Chief of Division in the National O ce, as the case may be, shall endorse the case within seven (7) days from the conclusion of the Informal Conference to the Assessment Division of the Revenue Regional O ce or to the Commissioner or his duly authorized representative for issuance of a deficiency tax assessment. Failure on the part of Revenue O cers to comply with the periods indicated herein shall be meted with penalty as provided by existing laws, rules and regulations."
SECTION 3. Repealing Clause. — Any rules and regulations or parts thereof inconsistent with the provisions of these Regulations are hereby repealed, amended, or modified accordingly. SECTION 4. n Effectivity. — The provisions of these Regulations shall take effect after fteen (15) days following publication in any newspaper of general circulation.
(SGD.) CARLOS G. DOMINGUEZ
Secretary of Finance
Recommending Approval:
(SGD.) CAESAR R. DULAY
Commissioner of Internal Revenue
n Note from the Publisher: Written as "Section 5" in the original document.
Published in the Manila Bulletin on February 1, 2018.