I.
SUBJECT :
TO
Objectives:
Policies:
The applicable policies and guidelines prescribed under RMO No. 19-2007
shall remain for the strict compliance by all concerned, and are quoted as follows:
III.
Copyright 2016
1.
2.
1.
2.
IV.
3.
4.
5.
6.
Repealing Clause:
All other orders which are inconsistent herewith are hereby repealed or
revoked accordingly.
Copyright 2016
V.
Effectivity:
This Order shall take effect immediately.
Nature of Violation
Amount of Compromise
Sec
90/275
NIRC)
Compromise
Exceeds
Not Exceed
P2,000,000
P5,000,000
5,000,000
10,000,000
10,000,000
25,000,000
25,000,000
50,000,000
50,000,000
xxx
is
P7,500
estate certified by an
10,000
20,000
25,000
50,000
232/235
Failure to keep/preserve
Fine of not more than P1,000 orIf gross annual sales, earnings or
regulations
receipts
Exceeds
But Does
Compromise
Not Exceed
is
275, NIRC)
Pxxx
P50,000
50,000
100,000
100,000
500,000
500,000
5,000,000
5,000,000
10,000,000
P1,000
3,000
5,000
10,000
15,000
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10,000,000
20,000,000
20,000,000
50,000,000
50,000,000
xxx
20,000
30,000
50,000
232
Fine of not more than P1,000 orIf gross annual sales earnings or
receipts
Exceeds
But Does
Compromise
Not Exceed
is
attached to the income tax
P25,000 (for
P200,000
any Quarter);
200,000
500,000
500,000
5,000,000
5,000,000
10,000,000
10,000,000
25,000,000
25,000,000
xxx
P3,000
return certified by an
independent CPA duly
accredited by the BIR
5,000
10,000
15,000
20,000
25,000
236/258
Failure to Register
establishment is located in
municipalities
If the subject
the following:
a. Cities
20,000*
b. 1st class
municipalities
5,000*
municipalities
2,000*
c. 2nd class
d. 3rd class
* Penalties provided
are inclusive of all other
violations
258
a. Cities
b. 1st class
30,000
c. 2nd class
d. 3rd class
manufacturing article
subject to excise tax
236/275
236/275
No Certificate of
Registration displayed
P1,000
P1,000
P1,000
receipts/invoice"
236/275
CRM/POS/CAS
Failure to present
application form (BIR Form
1900 and 1905) to use
registered sales
books/permit to use loose
P1,000
First
Offense
P5,000
Second
Offense
P10,000
NIRC)
Subsequent offenses
shall be considered as
willful failure, and thus
not subject to
compromise.
250
Failure to make, file, or
(P1,000) for each failure
submit the complete
the said information
quarterly Summary Lists of
however, that the
Sales and Purchases-Local &
imposed for such
Imported (SLSP), the Annual
calendar year shall not
Alpha List of Payees and/or
Thousand Pesos
Copyright 2016
Employees subjected to
withholding taxes, or
supply correct and accurate
(P25,000).
For this purpose, failure
to supply the
information therein at the
each buyer or seller
time or times required by
shall constitute a
the Tax Code, as amended,
omission
or other existing
Memorandum Circular
taxable year, in
the case of
required complete
SLS/P/I;
two (2)
(b) non-submission in
the format
prescribed.
Complete Summary
Lists refers to the set of
Summary Lists of Sales
(SLS) and Summary
Lists of Purchases
(SLP). In the case of those
with importations,
completeness shall
include not only SLS
and SLP but also the
Summary Lists of
Importations (SLI). Failure
to submit the
full/complete lists shall be
counted as one
violation.
Thus, submission of
incomplete lists,
including the submission
of erroneous lists,
shall be considered as
an act of nonsubmission. The
submission of falsified
information is an act of
fraud and cannot be
compromised.
Non-compliance with a
duly issued
Subpoena Duces
Tecum (SDT) is penalized
under Sec. 266 of the
Tax Code, as amended,
and the prosecution
thereof is provided under
RMO No. 10-2013.
250
Failure to make, file or
(P1,000) for each
submit information returns,
schedule, report, sworn
schedules, reports, sworn
and other document
statements, certifications
submitted, or for each
and other documents,
Provided, however,
Copyright 2016
because it involves
Compromise
times required by law or
Exceeds
exceed
is
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regulation
Pxxx
P50,000
50,000
100,000
100,000
500,000
500,000
5,000,000
5,000,000
10,000,000
10,000,000
25,000,000
25,000,000
xxx
P1,000
3,000
5,000
10,000
15,000
20,000
25,000
255
Failure to withhold or
Fine of not less than P10,000 andIf the amount of tax not withheld
law or regulations
or
remitted
But Does
Compromise
Exceeds
Not Exceed
is
Pxxx
P5,000
5,000
15,000
15,000
20,000
20,000
50,000
50,000
500,000
500,000
1,000,000
1,000,000
xxx
P1,000
3,000
5,000
10,000
15,000
20,000
25,000
255
Failure to refund excess
withholding taxes
taxes withheld on
compensation
Exceeds
not refunded
But does not
Compromise
ten (10) years
Exceed
is
Pxxx
P5,000
5,000
15,000
15,000
20,000
P1,000
3,000
Copyright 2016
5,000
20,000
50,000
50,000
500,000
500,000
1,000,000
1,000,000
xxx
10,000
15,000
20,000
25,000
255
Misrepresentation as to
compromised
actual filing of return or
fraud. (Sec. 204, NIRC)
statement or withdrawal of
return or statement
already filed
255
Failure to make, file or
fraud which cannot
submit the required
complete SLS/P/I, Annual
Alpha List of Payees and
Annual Alpha List of
Employees in the prescribed
format at the time or times
required by the Tax Code, as
amended, or other existing
because it involves
be compromised.
10
compromised.
255
Exceeds
10 years
Compromise
Not Exceed
is
Pxxx
P5,000
5,000
10,000
10,000
20,000
20,000
50,000
50,000
100,000
100,000
500,000
500,000
1,000,000
1,000,000
5,000,000
5,000,000
xxx
P1,000
regulation
3,000
5,000
10,000
15,000
20,000
30,000
40,000
50,000
256
Any act or omission by a
or the amount of
corporation which is
forth in this
penalized under the NIRC
act or omission,
whichever is higher.
P5,000 for responsible
officer, partner or
employee
257
a) Violations committed by
any financial officer or
an independent CPA, or
any person under his
direction as follows:
1) Willful falsification of
compromised
any report or statement
fraud. (Sec. 204, NIRC)
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11
on any examination or
audit; rendering reports
(including exhibits,
statements, etc.) not
verified by him
personally or under his
supervision or by a
member of his firm or
staff in accordance with
sound auditing
practices.
2) Certification of financial
compromised
statement of a business
fraud. (Sec. 204, NIRC)
enterprise containing an
essential misstatement
of facts or omission as to
transactions, taxable
income, deduction and
exemption of a client.
b) Violations committed by
persons who are not
CPAs
taxpayers;
2) Offering to sign and
certifying financial
statements without
P25,000
audit;
3) Offers any taxpayer the
use of accounting or
bookkeeping records for
internal revenue
purposes not in
conformity with the
requirements in the
P25,000
12
books of accounts
mentioned in the
preceding paragraphs;
5) Keeping of two or more
compromised
sets of such records or
fraud. (Sec. 204, NIRC)
books of accounts;
6) In any way commits an
compromise penalty set forth
act or omission in
particular act or
violation of the
higher, or cannot be
provisions of Sec. 257,
involves fraud.
P1,000 or the
in this Schedule for the
omission, whichever is
compromised if it
NIRC; or
of accounts or records in
Not Exceed
Compromise
is
a native language,
Pxxx
50,000
50,000
100,000
100,000
500,000
complete transaction
500,000
5,000,000
5,000,000
10,000,000
10,000,000
20,000,000
20,000,000
50,000,000
50,000,000
xxx
P1,000
English or Spanish or
3,000
5,000
10,000
15,000
20,000
30,000
50,000
This violation cannot be
compromised
(ii) Where books kept in
fraud. (Sec. 204, NIRC)
a native language, English
or Spanish are found to
be at material variance
with books kept in
because it involves
another language
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13
because it involves
Accountable Forms
259
P20,000
P 100,000, including
articles/items;
Subsequent violations
compromise.
implementing regulations
260
Unlawful possession of
forfeiture of unlawful
cigarette paper in bobbins
or rolls, cigarette tipping
shall not be subject to
paper or cigarette filter tips
than 12 years
261
Unlawful use of denatured
forfeiture of unlawful
alcohol
P 100,000, including
articles/items;
Subsequent violations
compromise.
P 100,000, including
articles/items;
Subsequent violations
compromise.
P100,000, including
articles/items;
Subsequent violations
redistilled
262
Shipment or removal of
forfeiture of unlawful
liquor or tobacco products
under false name or brand
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14
263
on a case
compromise.
than 12 years
a) Unlawful possession or
Compromise allowable
to case basis
removal of imported
articles subject to excise
tax without payment of
tax
Value Does
Penalty
Exceeds
Not Exceed
is
xxx
P1,000
Fine: P1,000-2,000
and imprisonment of not
less than 60 days but not
2,000*
50,000
Fine: 10,000-20,000
and imprisonment of not
less than 2 years but not
2,000*
150,000
Fine: 30,000-60,000
and imprisonment of 4 years
60,000*
xxxx
Fine : 50,000-100,000
100,000*
and imprisonment of not less
than 10 years but not more than
12 years
* Plus
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article
Subsequent violations
compromise.
article
Subsequent violations
compromise.
15
Specific
Violation
a) For failure to
issue receipts
or sales or
sales or
commercial
invoices
b) For refusal to
issue receipts
Subsequent violations
or sales or
shall not be subject to
commercial
compromise.
invoices
If the
P20,000
P50,000
information
Subsequent violations
missing is the
shall not be subject to
correct amount
compromise.
of the
transaction
P5,000
P10,000
c) For issuance of
Subsequent violations
receipts that
shall not be subject to
do not truly
compromise.
reflect and/or
contain all the
information
required to be
shown therein
P20,000
Copyright 2016
P50,000
CD Technologies Asia, Inc. and Accesslaw, Inc.
16
If the duplicate
Subsequent violations
copy of the
shall not be subject to
invoice is blank
compromise.
but the original
copy thereof is
detached from
the booklet and
cannot be
accounted for
P20,000
P50,000
d) (i) For use of
Subsequent violations
unregistered
shall not be subject to
receipts or
compromise.
invoices
P25,000/
P50,000/
unit
unit
(ii) Use of
Subsequent violations
unregistered
shall not be subject to
cash register
compromise.
machines in
lieu of invoices
or receipts
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e) For possession
compromise
or use of
multiple or
double receipts
or invoices
f) For printing or
causing, aiding
or abetting the
printing of:
P25,000
P50,000
1) Receipts
Subsequent violations
or invoices
shall not be subject to
without
compromise.
authority from
the BIR
P20,000
P50,000
3) Receipts
Subsequent violations
or invoices
shall not be subject to
bearing any of
compromise.
the following:
a. Consecutive
numbers
b. Name of
Taxpayer
c. Business Style
d. Business
address of the
person or
entity to use
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the same
e. TIN
f. Name,
address, date,
authority no.
of the printer
and inclusive
serial
numbers of
the batch or
receipts
printed
265
Offenses relating to
internal revenue stamps
1) Making, importing,
forfeiture of unlawful
selling, using or
possessing without
shall not be subject to
express authority from
the Commissioner any
dye for printing or
making stamps, label
P20,000, including
articles/items;
Subsequent violations
compromise.
because it involves
because it involves
because it involves
19
containing articles
subject to excise tax
with false, spurious or
counterfeit stamps or
labels or sells from any
such fraudulent box,
package or container as
P50,000, including
articles/items;
Subsequent violations
compromise.
aforesaid
5) Giving away or
forfeiture of unlawful
accepting from another
or sells, buys, or uses
shall not be subject to
containers on which
the stamps are not
completely destroyed
266
Second Offense:
P20,000
records, etc. or to furnish
information required under
shall not be subject to
the NIRC
268
Misdeclaration or
compromised
misrepresentation by
fraud. (Sec. 204, NIRC)
manufacturers of articles
subject to excise tax under
Title IV, NIRC, or any
pertinent data or
information required
Subsequent violations
compromise.
Summary cancellation or
because it involves
in business as a manufacturer of
articles subject to excise tax
therein
272
Failure of government
officer or employee
charged with the duty to
or remitted
But Does
Compromise
Not Exceed
is
Pxxx
P5,000
5,000
15,000
15,000
20,000
20,000
50,000
P1,000
failure to remit the same in
3,000
5,000
10,000
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20
50,000
500,000
500,000
1,000,000
1,000,000
xxx
15,000
20,000
25,000
275
violation
provided by law
276
property
Commissioner
277
Failure to surrender
property placed under
distraint and levy
P50,000
because it is against
divulgence of
both
21
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Endnotes
1 (Popup - Popup)
Annex A
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