RR No. 33-2020 — Amends Revenue Regulations No. 21-2020 relative to the Voluntary Assessment and Payment Program for taxable year 2018 under certain conditions. (Published in Philippine Star on December 22, 2020) Digest | Full Text

REPUBLIC OF THE PHILIPPINES DEPARTMENT OF FINANCE BUREAU oF eJIf.Sry4r REVENUE SUBJECT: REVEI{UE REGULATIOI{S NIO. 3b : ;L O 2 O TO: Amendments to Revenue Regulations No. 2l-2020 on the Voluntary Assessment and Payment Program for Taxable Year 2018 Under Certain Conditions All Internal Revenue Officials, Employees, and Others Concerned SECTION l. Purpose. - Pursuant to Section 244, in relation to Sections 6, 204, and other pertinent provisiorts of the National Internal Revenue Code (NIRC) of 1997, as amended, these Regulations are hereby promulgated to amend certain provisions of the Voluntary Assessment and Payment Program (VAPP) under Revenue Regulations (RR) No. 2l-2020. SECTION 2. Amendments.The period of Availment and Privilege under Sections 4 and l0 of RR No. 2l -2020 is hereby amended as follows: "SECTIOIY 4. Period of Availment. QuahJied persons cun ovail of the benefits of the VAPP until June 30, 2021, unless extended.further hy the Secretar! of Finilnce." *SECTION 10. Privilege. No Audit - A taxpayer with a duly issued Certificate of Availment shall not be ouditedfor 2018for the tox types covered by the ovailment. Consequently, taxpayers who avail of the VAPP on withholding tuxes shall be allowed to claim deduction on the conesponding income payment pursuant to)tfi No. 6-2018. In cose the taxpayer's tsx returns for the covered taxable period are currently being oudited, tlte conduct of the audit shall be suspended upon tlte availment of the VAPP while the availment is under evaluotion. It shall resume if tlte availment ltas been found invqlid. If the taxpaye.r's availment hos been determined to be valid, a CertiJicate of Availment shall be issued and tlre Letter of Authority, Tax VeriJication Notice, piscrepancy Notice, Notice of Discrepancy, Preliminary Assessntent Notice, Final Assessment Notice previously issuedfor pending coses shall be consequently withdrawn and canceled. However, despite the issuance of u Certilicote of Avsilment,' the taxpayer's -ftvailntent sltall be rendered invalid and shall be subject to audit or RECORDS I,iGT.

investigation following tlte prescribed procedures under existing rules and regulations, upon prior authorizotion and approval of the Commissioner of Internal Revenue, in the ensuing instances: Wlten there is strong evidence or lindings of under-decloration of siles, receipts or income or overstatement of deductiotts by more than 30% based on a wrilten report of tlte appropriate revenue of/icial stating the facts with supporting documenls, such as Discrepancy Notice and otlter third party iffirmation (TPI) documentsy and/or b. ll/hen tltere is verilioble information tltat the taxpayer has withheld tax but.failed to remit tlte same. No denial of application or invalidation of a previously issued CertiJicate of Availment sltall be valid unless the taxpayer is formolly notiJied by the Division Chief (LT Office) or tlte Revenue District Ol/icer wltere the taxpayer is registered, stating tltefuctual reasons therefor. Tlte taxpayer can oppeal tlte soid denial or invalidation to the Assistant Commissioner-Large Taxpayer Service (ACIT-LTS) or Regional Director (RD) within thirty (30) days from receipt of suclt notice. Any voluntary payment may be applied against the deftciency tax due, dany, tltat may be assessed against tlte taxpayer after tlte audit/itresligation." - SECTION 3. Repealing Clause. All existing rules and regulations, issuances or parts thereof, which are inconsistent with the provisions of these Regulations, are hereby repealed, amended, or rnodified accordingly. SECTIO|{ 4. Separability Clause. If any clause, sentence, provision or section of these Regulatiorrs shall be held invalid or unconstitutional, the remainirrg parts thereof shall rrot be affected thereby. SECTION 5. Effectivity. - These Regulations shall take effect imrnediately.. CA LOS G. DOMIi\ u Secretary of Finance Recommending Approval : D{[ 1B 2020 jg*t, ill ,, ! z i*-\yE Nr lt CAESAR R. DULAY- )t a, Cornmissioner of Internal Revenue 03S $ 6 7 VISION