Revenue Regulations (RR) No. 14-2020 dated January 30, 2020 was issued by the bureau amending the Pertinent Provisions on Cash Conversion of Unutilized Tax Credit Certificate (TCC) under RR No. 5-2000. TCC represents the amount due to a taxpayer resulting from an overpayment of a tax liability or erroneous payment of a tax due. It may be applied for by the taxpayer instead of filing a claim for refund with the Bureau of Internal Revenue (BIR). It may be used as payment of any tax liability by way of applying for Tax Debit Memo (TDM) or may be converted into a cash, in case the taxpayer-owner has no longer use for it.
Period of Validity, Conversion and Revalidation
a. Vality Period - Any TCC issued which remains unutilized after five (5) years from the date of issue shall, unless revalidated before the end of the fifth year, be considered invalid. This means that the TCC shall not be allowed for use in payment of any taxpayer's internal revenue tax liability nor allowed to be transferred and the unutilized amount thereof shall revert to the General Fund of the National Government. (RR No. 5-2000)
b. Conversion Period - Any request for conversion into cash refund of unutilized tax credits may be allowed during the validity period of the TCC. Provided, however, that the original copy of the Tax Credit Certificate showing a creditable balance is surrendered to the Asst. Commissioner, Collection Service or other duly authorized Revenue Officer for verification and cancellation. Provided, further, that a refund check of treasury warrant issued in accordance with the pertinent provisions of the Tax Code of 1997, as amended, which shall remain uncashed or unclaimed within five (5) years from the date of issue, mailing or delivery, whichever comes later, shall be forfeited in favor of the Government and the amount thereof shall revert to the general fund.
Provided furthermore, that, any TCC which remains unutilized for more than one (1) year at any given interval of time during its validity shall be converted into cash with prior written notice by the BIR, subject to the availability of funds in accordance with the procedural requirements that will be issued by the BIR for this purpose.
c. Revalidation Period - The revalidated TCC shall be valid for a period of five years from the date of issue. (RR No. 5-2000).
All TCCs which are already expired upon the effectivity of this Regulations shall be automatically cancelled by the BIR, except those TCCs which are with the BIR, for purposes of utilization thru TDM, conversion or revalidation, before the expiration of their respective dates of validity: Provided, however, that the list of expired TCCs and names of its taxpayers-owners shall be circularized/posted with the BIR's official website, within thirty (30) days from the date of effectivity of these Regulations. The said ciruclar or posting of the list is deemed a sufficient notice to the concerned taxpayer-owner of the TCC.
REFERENCES:
RR No. 5-2000; RR No. 14-2020.
