PLANTERS DEVELOPMENT BANK v. COMMISSIONER OF INTERNAL REVENUE

REPUBLIC OF THE PHILIPPINES COURT OF TAX APPEALS QUEZON CITY ENBANC PLANTERS DEVELOPMENT BANK, C.T.A. EB No. 373 Petitioner, (C.T.A. Case No. 7520) -versus- Present: Acosta, P.J., COMMISSION ER OF Castaneda, Jr., INTERNAL REVENUE, Bautista, Uy, Respondent. Casanova, and Palanca-Enriquez, JJ. Promulgated: JUN 0 3 2008 (; //ff';'/;:'~ c'i Lt-;--- /'r/, ,....../' ~ / �,..,, ' x------------------- ------------------- --------------------------------- ---- ---x RESOLUTION For resolution are the following: 1. Petitioner's "Manifestation/Motion" filed on March 25, 2008 stating that it has availed of the tax amnesty under Republic Act (RA) 9480 1 otherwise. known as the "Tax Amnesty Act of ,. * 2007"; 1 "An Act Enhancing the Revenue Administration and Collection by Granting an Amnesty on All Unpaid Internal Revenue Taxes Imposed by the National Government for Taxab le Year 2005 and Prior Years".

RESOLUTION �8. No. 373 Page2of5 2. Petitioner's "COMPLIANCE" filed on May 2, 2008 on the Court en banes resolution dated April 16, 2008; and 3. Respondent's Comment on t he Manifestation/Motion filed on May 13, 2008. The Court en bane issued a resol ution on April 16, 2008 ordering the petitioner within ten (10) days from notice to submit t he original or certified true copies of the documents attached on Manifestation/Motion dated March 25, 2008 evidencing the petitioner's availment of the tax amnesty and for respondent to file its comment on the Manifestation/Motion within the same period. Based on the records of the case, petitioner received the above- mentioned resolution on April 23, 2008 while the respondent received it on April 22, 2008. Petitioner timely filed its "Compliance" on May 2, 2008. On the other hand, t he respondent has 10 days or until May 2, 2008 to comply with the order of the Court. Per examination of t he records, respondent filed its comment on the Manifestation/Motion on May 13, 2008, that is beyond the period required. Thus, th e Cou rt en bane will no longer con sider the respondent's comment for having been filed out of time. The Court en bane now resolves the petitioner's avail ment of tax amnesty as stated in its Manifestation/Motion. SECTION. 1. of RA 9480 reads as follows: Coverage. - There is hereby authorized and granted a tax amnesty which shall cover all national internal revenue taxes for the taxable year 2005 and prior years, with or without assessments duly issued therefore, that have remai ned unpaid as of December 31, 2005: Provideft however, That the amnesty hereby authorized and granted shall not cover persons or cases enumerated under Section 8 hereof. Meanwhile, Sec. 2 of RA 9480 reads as follows:

RESOLUTION EB. No. 373 Page3of5 Availment of the Amnesty.- Any person, natural or juridica l, who wishes to avail himself of the tax amnesty authorized and granted under this Act shall file with the Bureau of Internal Revenue (BIR) a notice and Tax Amnesty Return accompanied by a Statement of Assets, Liabilities and Networth (SALN) as of December 31, 2005, in such form as may be prescribed in t he implementing rules and regulations (IRR) of this Act, and pay the applica ble amnesty tax within six months from the effectivity of the IRR. RA 9480 covers all national internal revenue taxes for t he taxable year 2005 and prior years with or without duly issued assessments and that have remained unpaid as of December 31, 2005 subject to exceptions provided under the sa me law. Furthermore, any natural or juridical person who wi shes to avail himself of the tax amnesty under RA 9480 shall file and accompl ish with the Bureau of Internal Revenue (BIR) the following: (1) Notice; (2) Tax Amnesty Return ; (3) Statement of Assets, Liabilities and Networth (SALN) as of December 31, 2005, in such form as may be prescribed in the implementing rules and regulations (IRR) of the Act; and (4) Payment of the applicable amnesty tax within six months from the effectivity of the IRR. In its Compliance, petitioner submitted the certified true copy/duplicate orig inal of the following documents in relation to its availment of the tax amnesty: (1) Notice of Availment of Tax Amnesty dated March 6, 2008; (2) Tax Amnesty Return (BIR Form No. 2116) dated March 6, 2008; , . � (3) BIR Tax Payment Deposit Slip dated March 6, 2008; ..,. .�7i (4) Tax Amnesty Payment Form (BIR Form No. 0617); and

RESOLUtiON �8. No. 373 Page4of5 (5) Statement of Assets, Liabilities and Networth (SALN) as of December 31, 2005. In addition to this, the petitioner does not fall in any of the exceptions listed under Section 8 of RA 9480 which enu merates as follows the persons or cases disqualified to avail of the tax amnesty: Exceptions. - The tax amnesty provided in Section 5 hereof shall not extend to the following persons or cases existing as of the effectivity of this Act: (a) Withholding agents with respects to their withholding tax liabilities; (b) Those with pending cases falling under the jurisdiction of the Presidential Commission on Good Government; (c) Those with pending cases involving unexplained or unlawfully acquired wealth or under the Anti -Graft and Corrupt Practices Act; (d) Those with pending cases filed in court involving violation of the Anti -Money Laundering Law; (e) Those with pending criminal cases for tax evasion and other criminal offenses under Chapter II of Title X of the National Internal Revenue Code of 1997, as amended, and the felonies of frauds, illegal exactions and transactions, and malversation of public funds and property under Chapters III and IV of Title VII of the Revised Penal Code; and (f) Tax cases subject of final and executory judgment by the courts. WHEREFORE, Petition for Review en bane filed on March 5, 2008 is hereby deemed WITH DRAWN. Accordingly, the case is considered CLOSED and TERMINATED, subject to the provisions of RA 9480. SO ORDERED. Q_----'-~- c~ ERNESTO D. ACOSTA Presiding Justice

RESOLUTION EB. No. 373 Page5of5 a~ c.G1:f-~, s:;-. CAESAR A. CASANOVA JUANITO C. CASTANEDA, .JR. Associate Justice Associate Just ice AEsR~~~~i~.tiUceY IQUEZ Associate Justice