RMC No. 74-2024 — Prescribing the mandatory requirements for claims for credit/refund of taxes erroneously or illegally received or collected or penalties imposed without authority pursuant to Setion 204(C), in relation to Section 229 of the National Internal Revenue Code of 1997, as amended, except those under the authority and jurisdiction of the Legal Group Digest | Full Text | Annex A1-A2

REPUBLIC OF THE PHILIPPINES

BUREAU QF INTERNAL REVENUE DEPARTMENT OF FINANCE

Quezon City

0 1 JUL 2024

REVENUE MEMORANDUM CIRCULAR NO. 0 4 2024

SUBJECT Prescribing the Mandatory Requirements for Claims for Credit/Refund of

the National Internal Revenue Code of 1997, as Amended (Tax Code). Except Those Under the Authority and Jurisdiction of the Legal Group Taxes Erroneously or Illegally Received or Coliected or Penalties Imposed Without Authority Pursuant to Section 204(C), in Relation to Section 229 of

TO All Internal Revenue Officials, Empioyees and Others Concerned

refund (TCC/refund) of erroneously or illegally received or collected taxes under Section 204(C). in relation to Section 229 of the Tax Code, in ine with the recently introduced reforms on tax refunds Court of Tax Appeals (CTA) and the Supreme Court under the authority and jurisdiction of the Legal Group. requirements in the processing and grant of claims for issuance of tax credit certificates (TCC) or cash under Republic Act (R.A.) No. 11976, also known as the Ease of Paying Taxes (EOPT) Act of 2023 This shali not cover actions or request for tax credit/refund based on writ of execution issued by the This Circular is issued to provide the guidelines and prescribe the mandatory documentary

I GENERAL POLICIES

1. Pursuant to Section 204(C) of the Tax Code, the Commissioner of Internal Revenue may have been rendered unfit for use and refund their value upon proof of destruction. condition by the purchaser, and, in his discretion, redeem or change unused stamps that credit or refund taxes erroncously or illegally received or penalties imposed without authority, refund the value of internal revenue stamps when they are returned in good

2. The taxpayer-claimant shall submit the Application for Tax Credits/Refunds (BIR Form

No. 1914) for claims under Section 204(C), in relation to Section 229 of the Tax Code, to the processing office that has jurisdiction over the taxpayer-claimant as follows:

a.The Revenuc District Office (RDO); or

b. The respective Large Taxpayers Audit Division (LTAD) or Large Taxpayers District Office (LTDO) under the Large Taxpayers Service (LTS).

3. Oniy applications with complete documentary requirements enumerated in the Checklist year period after the payment of the tax or penalty, shall be received and processed by the of Mandatory Requirements (Annex "A.1") which are filed within the prescribed two- (2-)

authorized processing of fice.

H. DOCUMENTS TO BE SUBMITTED BY THE TAXPAYER-CLAIMANT UPON FILING OF THE APPLICATION FOR TCC/REFUND

1. The application must be accompanied with complete supporting documents enumerated in

the Checklist of Mandatory Requirement as set-forth under Annex "A.I". Documentary requirements for tax credit/refund claims pursuant to Section 204. in relation to Section

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refunded/credited and the circumstances that led to the taxes alleged to have been erroneously or illegally received or coilected or penalties imposed without authority. Hence, taxpayer-claimant may submit documents other than the basic requirements enumerated by the taxpayer in the Checklist. The taxpayer-claimant shall then attest that erroneously or illegally received or collected taxes, are complete and these are the only 229 of the Tax Code. vary depending on the nature of the tax sought to be enumerated in Annex "A.l? to support the claim. Said additional documents shall be the documents submitted for purposes of processing the tax credit/refund claim on documents that will be presented to support the claim.

2. The taxpayer-claimant shall attach a notarized Taxpayer Attestation (Annex "A.2"y be processed based on the documents submitted. The books of accounts and accounting Revenue Officers (ROs). Failure to present the books of accounts and accounting records relevant to the claim may be a ground for denial of the application for TCC/refund. certifying to the completeness of the documents submitted. Accordingly, the claims shall records shall be presented by the taxpayer-claimant upon written reguest of the assigned

3. The taxpayer-claimant shall fully cooperate with the assigned ROs and shall ensure or partial denial of the claim. availability of all documents that may be requested during the verification in case there are issues or findings that need further clarification so as not to cause undue delay on the 180- day processing of the tax credit/refund. Failure to cooperate or submit the requested documents for clarification as further requested by the assigned ROs may result in the full

4. The taxpayer-claimant shall secure Delinguency Verification Certificate (valid for 6 months) from the Collection Division under the respective Revenue Region or the Large Taxpayer Collection Enforcement Division under the Large Taxpayers Service. whichever is applicable.

. REPEALING CLAUSE

inconsistent herewith are hereby amended, modified or revoked accordingly. All provisions of revenue issuances/memoranda or portions thereof that are

IV EFFECTIVITY

Official Gazette or posting in the BIR website, whichever comes first. This Circular shall take effect fifteen (l5) days following its publication in the

Commissioner of Internal Revenue ROMEOD LUMAGUY, JR.

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JUL 03 2024