Revenue Memorandum Circular (RMC) No. 65-2016 dated June 23, 2016 has issued by the Bureau for the Clarification on Proper Due dates for Filing of Returns and Payment of Taxes for the Purpose of Imposition of Penalties for Late Filing and/or Late Payment.
This Circular is being
issued to clarify the rules on appropriate due date of filing of return and
payment of taxes when the exact due dates fall on a Saturday, Sunday, or a
holiday both for electronic and manual filers and payers of taxes., for the
purpose of imposition of penalties for Late Filing and/or Late Payment.
A. For Taxpayers under the Electronic Filing and Payment System (EFPS)
For taxpayers mandatorily covered by the EFPS rules and those
taxpayers registered and enrolled under the EFPS, the due date of
, filing of return and the payment of taxes shall be the exact dates
stated in the law or regulations for filing or payment. However, if
the deadline falls on a Saturday, Sunday or a holiday, the
appropriate deadline for the electronic filing and payment shall fall on
the next business day.
Transmission of electronic returns and electronic payment must
be completed/made on and actually received by the Bureau of
Internal Revenue on or before 12 midnight of the defined statutory
or regulatory due date for the filing and payment of the relevant
return. Otherwise, the same shall be considered to have been filed
late or paid late, and thus shall be subject to the appropriate penalty
for late filing/late payment.
In case of dispute, the taxpayer shall present the written advice
of the BIR that its electronic system for filing and payment of taxes
is down or unavailable, which shall be issued by the BIR everytime
its electronic system for filing and payment of taxes is down or
unavailable. Said advice will also include instruction of appropriate
deadline for manual filing and thereafter an instruction for the due
date of electronic filing of tax returns initially filed manually. Failure
to file the returns and/or pay the taxes on or before the deadline
stated in the said written advice shall warrant the imposition of
penalties for failure to file the returns and/or pay the taxes, or for
late filing/late payment whichever is applicable.
B. For Taxpayers under the Online eBlR Form System
For those taxpayers covered by eFiling of Return under the
Online eBlR Forms System and those taxpayers registered and
enrolled under the Online eBlR Forms System, the due date of filing
of return shall be the exact dates stated in the law or regulations for
filing of said return. However, if the deadline falls on a Saturday,
Sunday or a holiday, the appropriate deadline for the electronic filing
shall fall on the next business day.
Transmission of electronic returns must be completed/made on
and actually received by the Bureau of Internal Revenue on or
before 12 midnight of the defined statutory or regulatory due date
for the filing of the relevant return. Otherwise, the same shall be
considered to have been filed late and thus shall be subject to the
appropriate penalty for late filing.
In case of dispute, the taxpayer shall present the written advice of the BIR that its online eBlR Forms System is down or
unavailable, which shall be issued by the BIR everytime its Online
eBlR Forms System is down or unavailable. Said advice will also
include instruction of appropriate deadline for manual filing and ' thereafter an instruction for the due date of electronic filing of tax
returns initially filed manually. Failure to file the returns on or before the deadline stated in the said written advice shall warrant the
imposition of penalties for failure to file the returns or for late filing
whichever is applicable.
The due date for the payment of taxes due for the returns filed
under the Online eBlR Forms System shall be made on the exact
dates stated in the law or regulations for payment thereof.
However, if the deadline falls on a Saturday, Sunday or a holiday,
the appropriate deadline for the payment thereof shall fall on the
next business day, or on the same deadline for the filing of the
returns under the Online eBlR Forms System.
C. For Taxpayers who are Manual Filers or are using the Offline
eBlR Forms Package
Taxpayers not mandatorily covered or enrolled under either the
EFPS or the Online eBlR Form System or are users of the Offline
eBlR Form Package are classified as Manual Filers.
Manual filers are required to file and pay on or before the due
date stated in the law or regulation for filing returns and/or payment
of taxes due thereon, however, if such due date falls on a Saturday,
Sunday or a holiday the act of filing and payment shall be done on
the next business day. Any returns filed and/or tax paid beyond the
dates stated in this paragraph, shall be subject to the appropriate
penalty for none filing/payment, or late filing/payment, whichever is
applicable.
SOURCE: http://www.bir.gov.ph/images/bir_files/internal_communications_2/RMCs/RMC%20No.%2065-2016_copy.pdf of the full text of RMC No. 65-2016.
