RMC No. 46-2018 — Circularizes the Ruling on the proper interpretation of Section 214 of the National Internal Revenue Code of 1997, as Amended Digest | Full Text

i-,i r+ - '- | ,'1i ilia !i i; ij :t; :i \=\ rli i'cl Li r: W REPUBLIC OF THE PHILIPPINES 4:eo : i;\i DEPARTMENT OF FINANCE l" ,tr ': ?*;c1 ;i.u iii iillliiri,'lil lr BUREAU OF INTERNAL REVENUE ; -' Lr r-' li!l;ii, Quezon City t:. i:;vi5 [ l:'i May 21, 2018 SUBJECT REVENUE MEMORANDUM CIRCULAR NO. #-2OIg TO Circularizing the Ruling on the Proper Interpretation of Section 214 of the National Internal Revenue Code of 1997, as Amended All intemal Revenue Officials, Employees and Others Concerned The provisions of Section 214 of the National Internal Revenue Code of 1997, as amended prescribe that: "SEC. 214. Redemption of Property Sold. - Within one (l) year from the date of sale, the delinquent taxpayer, or any one for him, shall have the right of paying to the Revenue District Officer the amount o-f oublic and interest thereon.from the date qf delinquenq) to the date of sale, together with interest on soid purchase price at the rate of fifteen percent (15%) per annum front the date of purchase to the date of redemption, and such payment shall entitle the person paying to the delivery of the certificate issued to the purchaser and a certificate from the Revenue District Officer that he has thus redeemed the properQ, and the Revenue District Officer shall forthwith pay over to the purchaser the amount by which such property has thus been redeemed, and said property thereafter shall be free from the lien of such taxes and penahies. The otvner shall not, hott,ever, be deprived oJ-the possession of the said property and shall be entitled to the rents and other income thereoJ until the expiration of the time allowedfor its redemption " (underscoring ours) For the guidance of the taxpaying public and revenue officials of this Bureau, more particularly, the respective national and regional committees designated to conduct the public auction of seized/forfeited properties from delinquent taxpayers, the following provisions are the pertinent excerpt of the ruling datpd March 13, 2018 issued by the Commissioner of internai Revenue in the proper interpretation of the said provisions of Section 214,in case of redemption of the seizediforfeited properties by delinquent taxpayers: "The above provision of the National Internal Revenue Code of 1997, cts amended, is clear that in case of redemption of properry^ sctld in public auction, the delinquent taxpayer or any one for him shall ha,-e the right to pay to the Ret,enue District Officer the follov,ing: I . public taxes; 2. penalties prescribed under section 218 of the l\ational Internal Revenue Code of 1997, as antended,'

3. interest prescribed under Section 249 of the I'{ational Internal Revenue Code of 1997, as amended, from the date of delinquency to the date of sale; and 4. interest on purchase price at the rate of fifteen percent (15%) per annumfrom the date of purchase to the date of redemption. Thus, for redemption to be valid, all public taxes including interests and penalties must be paid. Otherwise stated, failure on the part of the delinquent taxpayer or any one for him to pay all public taxes including interest and penalties shall mqke the redemption invalid. All internal revenue officers and employees are hereby enjoined to give this circular as wide a publicity as possible. pt*o'**l - ca.ns,q.R R. DULAY Commissioner of Internal Revenue 417 0 5 3 J-FAMU