BIR Issued a Circular of Filing of Returns as Well as Payment of Taxes Due Thereon Falling Within the Period March 22, 2021 to April 30, 2021

In relation with the Bureau of Internal Revenue (BIR) Revenue Memorandum Circular Number (RMC) No. 41-2021 dated March 22, 2021 which refers to the Filing of Returns as Well as Payment of Taxes Due Thereon Falling Within the Period March 22, 2021 to April 30, 2021, taxpayers and all concerned persons will prepare themselves and adjust accordingly of this circular as being issued in order to provide relief to all involve in relation to the current stage in COVID-19 cases that is affecting the entire nation which has prompted establishments to operate at half their manpower capacity.

In this regard, filing of returns as well as payment of taxes due thereof falling within the period March 22, 2021 to April 30, 2021 may be made anywhere, even outside the jurisdiction of the Revenue District Office where they are registered.

Taxpayers who are not mandated to use the eFPS and eBIRForms Systems are encouraged to electronically file their returns through the eBIR Forms Facility and pay the corresponding taxes due thereon through any ePayment channels.

However, may taxpayers are still waiting the guidelines with regards of the due date of filling of Individual and Corporate Annual Income Tax Returns 2020. Hopefully, the bureau will issue a regulations to adjust, postpose, extend or reschedule the due date of filing and payment of ITRs 2020 to give ample time of the prepares and taxpayers amidst of the ECQ COVID-19 Pandemic.

REFERENCE: Revenue Memorandum Circular (RMC) N. 41-2021.

Availability of the Offline Bureau of Internal Revenue Forms (eBIRForms) Package Version 7.8

In reference with the Revenue Memorandum Circular (RMC) No. 33-2021, is being issued by the bureau to disseminate the availability of the updated (new) Offline eBlRForms Package Version 7.8, which is downloadable from the following sites:

l. www.bir.gov.ph; and

2. www.knowyourtaxes.ph

The new Offline eBIRForms Package now includes the January 2018 version of the following forms:

1. BIR Form.No. 800 -  Donor's Tax Refurn

2. BIR Form No. 801 - Estate Tax Return

3. BIR Form No. 2000-OT -  Documentary Stamp Tax Declaration/Return (One-Time Transactions)

The BIR Form Nos. 1800 and 1801 shall be filed within thirty (30) days after the gift (donation) is made and one (l) year from the decedent's death, respectively. On the other hand, BIR Form No. 2000-OT shall be filed and the tax paid within (5) days after the close of the month when the taxable document was made, signed, issued, accepted or transferred.

Payments of the taxes due thereon, if any, shall be made thru:

a.) Manual Payment - Authorized Agent Bank (AAB) located within the territorial jurisdiction

of the Revenue District Officer (RDO) having jurisdiction, as follows:

BIR Form No./ Place of Filing/Payment: 

BIR Form No. 1800 - over the domicile of the donor at the time of donation or if there is no legal residence in the Philippines, with the Office of the Commissioner, (Revenue District office No. 39, South Quezon City). 

BIR Form No. 1801 - over the domicile of the decedent at the time of death or if the decedent has no legal residence in the Philippines, with the Office of the Commissioner, (Revenue District office No. 39, South Quezon City). 

BIR Form No. 2000-OT - where the seller/transferor/donor is required to be registered or where the property is located in case of sale of real property.

In places where there are no AABs, the return shall be filed and the tax due shall be paid with the concerned Revenue Collection Officer (RCO) under the jurisdiction of the RDO using MRCOS facility. 

b.) Online PaYment

- Thru Mobile Payment (GCash/PayMaya);

- Landbank of the Philippines (LBP) Link.BizPortal - for taxpayers who have

ATM account with LBP and/or holders of Bancnet ATIWDebit card;

- Development Bank of the Philippines (DIP) Tax^ Online - for taxpayersholders of visa/Master credit caid and/or Bancnet ATM Debit card;

- Union Bank Online Web and Mobile Payment Facility - for taxpayers who

have account with Union Bank; or

- PESONet through LBP Link.BizPortal - for taxpayers who have account with

RCBC and Robinsons Bank.

The RMC No. 30-2021 is dated March 2, 2021.

Offline eBIRForms Package v7.7 is New Version ready for download

In line with the ease of doing business in the community, the bureau has updated the version of Offline eBIRForms Package from Offline eBIRForms Package v7.6.1 to Offline eBIRForms Package v7.7 with new necessary updates with ease and seamless filing of BIR Tax Returns without compromising the going concern of the business operations of the business people in the community. 

Maintenance of system is an important measure to minimize and avoid technical difficulties in compliance with the requirements of its offline and online system of eco modern technologies this day.

To download the Offline eBIRForms Package v7.7, clink the link below: 

 http://ebirforms-ftp.bir.gov.ph/ebirforms_package_v7.7.zip

Period of Validity, Conversion and Revalidation of Unutilized Tax Credit Certificate

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.

Extending the Deadline for Business Registration (activity and/or updates) of those into Digital Transactions

In relation with the global COVID-19 pandemic and when most citizens are into home quarantine while the business of selling goods and services through online network has been observed to be experiencing an increase growth in the community, the Bureau reminded the Deadline for  Business Registration of those into Digital Transactions. 

Revenue Memorandum Circular (RMC) No. 75-2020 is being issued extending the Deadline for Business Registration of those Transaction under RMC 60-2020 until August 31, 2020, specifically for the registration of the activity and/or updates and those who shall voluntarily declare their past transactions subject to pertinent taxes and pay the taxes due when declared and paid on or before the said date shall not be subject to corresponding penalty for late filing and payment.

Options in the Acceptance and Processing of the Filed 2019 Income Tax Returns and Its Required Attachments and Providing Guidelines Thereon

Revenue Memorandum Circular (RMC) No. 49-2020 has issued by the bureau to provide options to taxpayers in the submission of the filed 2019 Income Tax Return and its required attachments. Accordingly,taxpayers may opt to submit said requirements through the Revenue Collection Officers (RCOs) or through the on line eAFS. 

I. SUBMISSION THROUGH RCO 

Taxpayers may submit the required attachments to the Annual Income Tax Returns to the Revenue Collection Officer nearest to them, notwithstanding Revenue District Office jurisdiction. 

1. For income tax returns with payments made thru the online payment facility of the AAB, the RCOs/Cos shall: 

a. Stamp "Received" the returns; 

The attachments to the income tax returns shall be stamped only on the page of the Balance Sheet, the Income Statement and Audit Certificate, if applicable. The other pages of the financial statements and its attachments need not be stamped "Received". In case of corporations and other juridical persons at least 2 extra copies of the Audited Financial Statements for filing with the Securities and Exchange Commission (SEC) should be stamped "Received" pursuant to Revenue Memorandum Order (RMO) Nos. 6-2010 and 13-2011. 

b. Batch and forward these returns and their respective attachments to the concerned Document Processing Division of the Revenue Region. 

2. For income tax returns filed electronically, the RCOs/Cos shall accept and stamp ..Received,, only the copies of the Filing Reference Number generated from the eFPS/E-mail Confirmation from the eBIR Forms System and the Financial statements following the above-mentioned procedures; 

For accepted out-of-district returns and required attachments, the RCOs shall forward the documents to concerned Revenue District Offices. 

II. SUBMISSION THROUGH eAFS 

Any taxpayer, may submit the Filed ITR and its required attachments to the ITR on-line thru the eAFS system of the BIR. This may be accessed through the BIR webpage at www.bir.gov.ph by clicking the icon of the eAFS thereat. 

The required attachments will be grouped into three (3) document files' Taxpayers must scan the documents and save them into pDF fiies, named accordingly before uploading them into the eAFS:

The eAFS will acknowledge successful submission by issuing a system generated Transaction Reference Number and by sending an email to the system user. This Transaction Reference Number shall serve as the proof of submission by the taxpayer, in lieu of the manual "Received" stamping. Provided that the taxpayer shall keep the original copies of the digitally submitted documents in accordance with Section 203 of the NIRC for the period as prescribed under Revenue Regulations ll-2013. Provided further that the same shall be presented, upon request, to the BIR . For a detailed guideline on how to use the system, please refer to Annex 1 of this Circular. 

Reference: RMC 49-2020 https://www.bir.gov.ph/images/bir_files/internal_communications_1/Advisory/posted%20during%20quarantine%20march%202020/RMC%20No.%2049-2020.pdf

New Offline eBIRForms Package v7.6.1

The bureau recently issued New Offline eBIRForms Package v7.6.1 in line with ease of Filing and Payments of BIR Returns for the Year 2020.

To download the New Offline eBIRForms Package v7.6.1 click below:

http://ebirforms-ftp.bir.gov.ph/ebirforms_package_v7.6.1.zip

Additional Options in the Acceptance and Processing of the Filed 2019 Income Tax Returns and Its Required Attachments

To ease the Acceptance and Processing of the Filed 2019 Income Tax Returns and Its Required Attachments, Revenue Memorandum Circular (RMC) No. 49-2020 has issued by the bureau to provide options to taxpayers in the submission of the filed 2019 Income Tax Return and its required attachements as follows:

I. SUBMISSION THROUGH RCO 

Taxpayers may submit the required attachments to the Annual Income Tax Returns to the Revenue Collection Officer nearest to them, notwithstanding Revenue District Office jurisdiction. 

1. For income tax returns with payments made thru the online payment facility of the AAB, the RCOs/Cos shall: 

a. Stamp "Received" the returns; 

The attachments to the income tax returns shall be stamped only on the page of the Balance Sheet, the Income Statement and Audit Certificate, if applicable. The other pages of the financial statements and its attachments need not be stamped "Received". In case of corporations and other juridical persons at least 2 extra copies of the Audited Financial Statements for filing with the Securities and Exchange Commission (SEC) should be stamped "Received" pursuant to Revenue Memorandum Order (RMO) Nos. 6-2010 and 13-2011. 

b. Batch and forward these returns and their respective attachments to the concerned Document Processing Division of the Revenue Region. 

2. For income tax returns filed electronically, the RCOs/Cos shall accept and stamp "Received" only the copies of the Filing Reference Number generated from the eFpS/E-mail Ctnfirmation from the eBIR Forms System and the Financial statements following the above-mentioned procedures; 

For accepted out-of-district returns and required attachments, theRCOs shall forward the documents to concerned Revenue District Offices.

II. SUBMISSION THROUGH eAFS 

Any taxpayer, may submit the Filed ITR and its required attachments to the ITR on-line thru the eAFS system of the BIR. This may be accessed through the BIR webpage at www.bir.gov.ph by clicking the icon of the eAFS thereat.

The required attachments will be grouped into three (3) document files. Taxpayers must scan the documents and save them into pDF files, named accordingly before uploading them into the eAFS:  

The eAFS will acknowledge successful submission by issuing a system generated Transaction Reference Number and by sending an email to the system user. This Transaction Reference Number shall serve as the proof of submission by the taxpayer, in lieu of the manual "Received" stamping. Provided that the taxpayer shall keep the original copies of the digitally submitted documents in accordance with Section 203 of the NIRC for the period as prescribed under Revenue Regulations ll-2013. Provided further that the same shall be presented, upon request, to the BIR . For a detailed guideline on how to use the system, please refer to Annex 1 of this Circular.

Please refer: https://www.bir.gov.ph/images/bir_files/internal_communications_1/Advisory/posted%20while%20under%20quarantine%20march%202020/RMC%20No.%2049-2020.pdf of the full text RMC No. 49-2020.

Payment of Internal Revenue Taxes through the Mobile Application Facility of the PayMaya Philippines, Inc.

A circular the was issued under Revenue Memorandum Circular (RMC) No. 54-2020 dated February 04, 2020 that refers to the payment of Internal Revenue Taxes through the Mobile Application Facility of the PayMaya Philippines, Inc. 

All payments made through the said mobile application will be settled by PayMaya with the Development Bank of the Philippines (DBP), an Authorized Agent Bank of the BIR, for remittance to the Bureau of the Treasury.

Moreover, Taxpayers are required to file their corresponding tax returns using the electronic filing facilities of eBIRForms System and/or Electronic Filing and Payment System (eFPS).

To pay your taxes via PayMaya App, download the App in the Google Play Store or Apple App Store or Huawei AppGallery then, follow the steps indicated below:

1. Log in to your PayMaya account and click on the "Pay Bills" option.

2. Select "Bureau of Internal Revenue"

3. Enter all pertinent details for your tax payment: Taxpayer Identification Number (TIN), Branch Code, Amount to be paid, Revenue District Office (RDO) Code, Form Series, Form Type, Tax Type, Return Period and email address where you want to receive the receipt of your tax payment.

4. Review the details of the transaction before clicking "Pay" button.

5. Received payment confirmation via SMS and email.

For more information on how to avail of this tax payment facility and to access the frequently asked questions, visit the PayMaya website at www.PayMaya.com For other inquiries/concerns you may email support@paymaya.com or you may call PayMaya +632 8845-77-88.

Please refer: https://www.bir.gov.ph/images/bir_files/internal_communications_1/Advisory/posted%20while%20under%20quarantine%20march%202020/Revenue%20Memorandum%20Circular%20No.%2054-2020.pdf

Statement of Management's Responsibility for Annual Income Tax Return

The CIR has issued Revenue Regulations (RR) No. 3-2010 to provide the rationale and guidelines for the submission of the Statement of Management Responsibility that shall accompany the financial statements that shall be submitted with the annual income tax return.

The contents and format of Statement of Management's responsibility are as follows:

(A) Since that Annual Income Tax Return is primarily the responsibility of the management of the taxpayer, this shall be accompanied by a statement of management's responsibility.

(B) All taxpayers required to file annual income tax return under the National Internal Revenue Code, as amended, shall be required to submit a statement of management's responsibility, as follows:

"STATEMENT OF MANAGEMENT'S RESPONSIBILITY

FOR ANNUAL INCOME TAX RETURN

The Management of (name of taxpayers) is responsible for all information and representations contained in the Annual Income Tax Return for the year ended (date). Management is likewise responsible for all information and representations contained in the financial statements accompanying the (Annual Income Tax Return or Annual Information Return) covering the same reporting period. Furthermore, the Management is responsible for all information and representations contained in all other tax returns filed for the reporting period, including, but not limited to the value added tax and/or percentage tax returns, withholding tax returns, documentary stamp tax returns, and any and all other tax returns.

In this regards, the Management affirms that the attached audited financial statements for the year ended (date) and the accompanying Annual Income Tax Return are in accordance with the books and records of (name of taxpayer), complete and correct in all material respects. Management likewise affirms that:

(a) the Annual Income Tax Return has been prepared in accordance with the provisions of the National Internal Revenue Code, as amended, and pertinent tax regulations and other issuances of the Department of Finance and the Bureau of Internal Revenue;

(b) any disparity of figures in the submitted reports arising from the preparation of financial statements pursuant to financial accounting standards and the preparation of the income tax return pursuant to tax accounting rules has been reported as reconciling items and maintained in the company's books and records in accordance with the requirements of Revenue Regulations No. 8-2007 and other relevant issuances;

(c) the (name of taxpayer) has filed all applicable tax returns, reports and statements required to be filed under Philippine tax laws for the reporting period, and all taxes and other impositions shown thereon to be due and payable have been paid for the reporting, except those contested in good faith.

Signature: ____________________________

(Name of the Individual Taxpayer/President/Managing Partner

Signature: ____________________________

(Name of the Chief Executive Officer or its equivalent)

Signature: ____________________________

(Name of the Chief Financial Officer or its equivalent)"

(C) Aside from Individual Taxpayers, President and Managing Partner, the Chief Executive Officer and the Chief Financial Officer or any officer performing similar functions regardless of their designation are also required to affix their signatories in the afore-mentioned Statement.

(D) In the case of a foreign corporation with branch office in the Philippines, the above Statement shall be signed by its local manager who is in charge of its operations.

Please refer https://www.bir.gov.ph/images/bir_files/old_files/pdf/49436RR%203-2010.pdf of the full text of RR No. 3-2010.