Revenue Regulations No. 07-18

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January 22, 2018

REVENUE REGULATIONS NO. 07-18

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."

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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.

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