RR No. 4-2012 — Amends RR No. 13-2011 regarding abatement or cancellation of internal revenue tax liabilities (Published in Manila Bulletin on March 30, 2012)

BUREAUOFINTERNAL REVENUE PDEPASTMENT OF FINANCE CDF THE PHILIPPINES BUREAU OF INTERNAL REVENUE RECORDS MGT, DIVISION WR 2 8 2012j+ 2x4PM

uezon City RECEIVED Wma

March 28, 2012 Ce

REVENUE REGULATIONS nO. 4 - 20/

SUBJECT Amending Revenue Regulations No. 13-2001, Regarding

Abatement or Cancellation of Internal Revenue Tax Liabilities

TO All Internal Revenue Officers and Others Coricerned

hereby promulgated to amend Revenue Regulations No. 13-2001. National Internal Revenue Code (NiRC) of 1997, as amended, these Regulations are SECTION 1. Scope. - Pursuant to the provisions of Section 244 of the

2001 is hereby amended by deleting Section 2.6.1 thereof which provides that SECTION 2. Amendment. Section 2.6 of Revenue Regulations No. 13-

penalties and/or interest imposed on the taxpayer may be abated or cancelled on the

as follows: time. Accordingiy. Section 2.6 of Revenue Reguiations No. 13-2001 shall now read ground of one day late filing and remittance due to failure to beat the bank cut-off

Imposition Thereof Is Unjust Or Excessive. The Taxpayer May Be Abated Or Cancelled On The Ground That The "SECTION 2. Instances When The Penalties And/Or Interest Imposed On

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2.6 Late payment of the tax under meritorious circumstances such as those provided hereunder:

remitted; 2.6.1 Use of wrong tax form but correct amount of tax was

2.6.2 Filing an amended return under meritorious circumstances, provided, however, that abatement shall cover only the penaities and not the interest.

2.6.3 Surcharge erroneously imposed:

2.6.4 Late filing of return due to unresolved issue on classification/valuation of real property (for capital gains tax cases) etc.):

2.6.5 Offsetting of taxes of the same kind, i.e., overpayment in one quarter/month is offset against underpayment in another guarter/month:

2.6.6 Automatic offsetting of overpayment of one kind of withholding tax against the underpayment in another kind:

expatriates for services rendered in the Philippines pending the 2.6.7 Late remittance of withholding tax on compensation of

issuance by the Securities and Exchange Commission of the license to the Philippine branch office or subsidiary, provided, however, that the abatement shall only cover the surcharge and the compromise penalty and not the interest:

Debit Memo (TDM) was not properly applied for; and 2.6.8 Wrong use of Tax Credit Certificate (TCC) where Tax

2.6.9 Such other instances which the Commissioner may deem analogous to the enumeration above.

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BUREAU OF INTERNAL REVENUE RECORDS MGT. DIVISION 28 2012 3:34 pM

RECEIVED

inconsistent with the provisions of these Regulations are hereby repeaied accordingly. sEcTiON 3. Repealing Clause. - All rules and regulations or parts thereof

circulation. effect after fifteen (15) days following publication in any newspaper of general SEcTION 4. Effectivity. - The provisions of these Regulations shall take

CeSAr V. PURIsIMA Secretary of Finance

004580 Recommending Approval:

Commissioner of ihternal Revenue KIM S. JACNTO-HENARES BUREAU OF INTERNAL RIVENUE RECORDS MGT, DIYISION MAR 2 8 2012 2: 24 M

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