RMO No. 36-2020 — Provides guidelines and procedures in the refund of erroneously paid VAT on imported drugs prescribed for Diabetes, High Cholesterol and Hypertension, as implemented under Revenue Regulations No. 18-2020 Digest | Full Text | Annex A1 | Annex A2 | Annex B | Annex C | Annex D

REPUBLIC OF THE PHILIPPINES BUREAU OT INTERNAL REVE DEPARIMENT OF FINANCE ECOROS MGT. DiVISIO BUREAI] OF INTERNAT REYENUE Quezon City OCI 1 5 ?020 RE'ENUE MEM,RANDUM *RDERN ". ' 3,-ft.UAo r SUBJECT Providing Guidelines and Procedurps iu the Refund of Erroneously Paid Value- Added Ta..x (VAT) on Imported Drugs Prescribe:d for-Diabetes; High Cholesterol, and Hyp,ertension as Implemented Under Rovenue Regulations (RR) J{o, 18-2020 Pursuant ts Sectien 204(C) of the Tax Code of 1g97, as Amended TQ I All Internal Revenue Qffieials and Ernployee-$ Concerned I. OBJECTIYES t. To provide unifonn polieies and guidelines in fhe processing, verification, aBproval and payment of claims for refund of erroneously paid VAT on imported drugs prescribed for - diabetes, high eholesterol, ancl hypertension included in the Deparfinent of i{ealth Food and Drug Administration @OH"FDA) approved list ftom the effectivtty of Reputlio Act (R,A,) No. 11467 onJanuary 23,2A20 up to July 9,2020,the effectivity of RRNo. 18-2020. 2. To prescribe the documents to be submiued by the taxpayer-claimants; 3. To prescribg the docrrments to be attached to the VAT refund docket and the required notice to claimants; and 4. To define and delineate the duties and responsibilities of the offices involved in the processing of the said claims. trI. POLICIES AND PROCEDURES A. Pursuant to Section ZO+,1C|of the Ta>r Code of 1997, as amended, no credit or refuqd of taxes or penalties shall be allorved unless the tuxpayer files in writing with the Commissioner a claim for credit or refrind withirr hvo (2) years after the payment of the ta:< or penalty. B. Claims for reflrnd of erroneously paid VAT ou importation of drugs prescribed for diabetes, ' high cholesterol, and hypertension included in the DOH-FDA approved list from the ' effectivity of R.A. No. 1t467 on January 23,2020 up to July g, 202CI shall be filed and processed at tlre respective R.eveuue District Offices (RDOs) or at the Large Taxpayers Audit Iliyision (LTAD) under the Large Taxpayers Servi0e (LTS) where the taxpayer- claimant is registErod. \P 1

C. The Revenue Officer/s (RO/s) assigned to receive the documents pertaining to the VAT refund shall ensure that the following documents are complete: 1. 3 Copies of Application for Tax Credit/Refund (BIR Form No. 1914); 2. Copy of payment of Annual Registration Fee for the period of ciaim; 3. Latest General Information Sheet duly received by SEC for corporate claimants; 4. Copy of the tnonthly VAT declaration or quarterly VAT return, duly certified by the BIR Offrce where the claimant is tegistered (except for returns filed through eFPS) corresponding to the period of claim; 5. Sworn statement by the clairnant certifuing that: a. The VAT paid on imported items have not been reported and claimed as input tax credit iu the monthly \rAT declarations and quarterly VAT returns pursuant to Section 1i0 of the ta;< Ccde of lgg7, as amendEd, t'or puqposes of computing the VAT payable; and b. The company did not file any and/or will not file any similar claim with another BIR office andlor the BOC. 6. Delinquency Verification Certiticate: a. For non-Large Taxpayers: (t) Collection Division of the respective region and (2) Aceounts Receivable Monitoring Division b. For Large Taxpayers (LT): (1) LT Coliection Enforcement Division (CEDyLT Division Cebu/Davao and (2) Accounts Receivable Monitoring Division 7. Notarized $ecretary's Certificate (for corporate claimant)/Special Power of Attorney (for individual elaLnant) stating the authorized ropresentative/s to file, sign documents on behalf of the company and/or follow-up VAT refund claims together with at least one (1) valid government-issued ID with specimen signatures; 8. Schedule of importations for the period of claim with details conforming to the format prescribed in Annex "A.1", corresponding to the arnounl sought to be rofunded; 9. Schedlle of importations corresponding tq the amount of input VAT claimed per monthly VAT declarations/quarterly VAT returns conforming to the format prescribed in Annex "A.2" to prove thet the VAT paid on importations enumerated in the preceding item have not been utilized as input VAT in the monthiy VAT declarations/quarterly VAT retums; 10. VAT Payment Certification issued by the BOC Revenue Aocounting Division; ll.Copies of Import EnEv and Intemal Revenue Deolarations (IEIRD) and/or Single Administrative Document (SAD-), Statement of Settlement of Duties and Taxes (SSDT) duly authenticated by the BOC, arranged in accordance with the schedule required under Annexes "A.1o'and "A.2"; and 12. Copies of Commercial Invoices arranged in accordance with the schedule required under Annexes "A.1" and "A.20'. D. Processing and Verification of Claims D GIatr 1. The head of the processing office shall issue Ta.x Verification Notices (TVNs) in the >{Er T))} verification of claims for VAT refund under this Order. The T\Ilris shall be manually n hi C. issued until such time that the Tax Verification Notico Monitoring System (TVNMS) and the Case Management System (CMS) are fully operational. This process shall not :,D7 '.1 o'$ be sonskued as a reguiar tax audiVinvestigation; hence, the concerned investigaling office having jurisdiction over the ta:<payer-claimant in the Regional or National Offrce =t{) $l 2{ may issue subsequently an electronic Letter of Authority (eLA) against the taxpayer- ld mIz, claimant' " r 2 s n m m \,

I 2. The assigned ROs shall ensure that the imported items have not been reported and claimod as input tax eredit in the monthly and quarterly VAT returns pursuant to Section 110 of the Tax Code of 1997, as amerded, for purposes of computing the VAT payable, This may be established by comparing the imported items appearing in the schedule of importations corresponding to the amount of VAT payments sought to be refunded (Annex "A.1") with the importations included in the schedule corresponding to the amount of input VAT claimed in the monthly VAT declaffiions/quarterly VAT returns. 3. The processing office shall validate the .'VAT Payment Certification" issued by the Revenue Accounting Division (RAp) of the Bureau of Customs (BOC) including the duly authenticated supporting Import Entry snd intemal Revenue Declarations (IERD) anilor,$ingle Administrative Document (SAD), and Statement of Settlement of Duties and Taxes (SSDT) submitted by the taxpayer-ciaimant in support of olaims for input VAT on importation. In this regard, iho BOC-RAD shall send the scanned copy of the said certification through its dedicated email address to the dedicated email address of the proeessing office of the Bureau, whish shall be indicated in the request of the taxpayer-claimant upon tiling with the BOC. 4. For tar<payer-claimants with outstanding delinquent ta:c liabilities as defined under Section II(1) of Revenue Memorandum Order (RMCI) No, 1t-2014, the assigned RO/s shall inform the claimant that its outstanding delinquent tax liabilities rnust be settled prior to endorsement of the memorandum together with the attachments to the BOC. For this purpose, a Certificstisn of the Settlement of Outstanding Liabilities shall be requested from the Collection Division of the Revenuo Region or from the LT CED, whichever is applicable, Aecounts Msnitoring Division and the Appellate Division using the request format and procedures preseribed under RMO No. 29-2014. 5. The RO/s assigned' to process the claim shall prepare, submit and/or attach the reportsischedules and documents , which shatlforw part of the complete docket of the claim, prescribed in Annex ooB" hereof. 6. Recommendations on claims for refund of erroneous payment of VAT on importation of drugs prescribed for diabetes, high cholesterol, and hypertension included in the DOH-FDA approved list from the effectivity of R.A, No. 11467 on January 23,2020 up to July 9,202Q shall be reviewed, approved and acted upon, regardless of the amount of claim, in the following marmer: a. The Assessment DivisionJ0ffice of the concerned Head Revenue Executive Assistant ofthe LTS shail review the report and the dooket containing all documents pertaining to tho claim. b. The Regional Director/Assistant Commissioner, LTS shall approve/disapprove the recommendation for VAT reflrnd and endorse a copy of the recommendation with a copy of thp docket to the BOC for validation and payment, or for any appropriate ]Hn)In\NAL REVENUL aetion. F ]U RECORDS MGGTT..-DtIVvtISsIlOoN

\t lr I I 7. The result of the evaluation of the VAT refund/oredit claim, approved or otherwise, shall be communicated in writing to the taxpayer immediately after approval of the report by the designated approving BIR Official. IU. REPEALING CLAUSE All revenue issuances or portions thereof inconsistent herewith are hereby amended, modified or revoked accordingly. IV. ET'FECTIYITY This Order shall take offect immediately. ,tr^^/\:*? CAESAITR. DULAY Comrnissioner of Internal Revenue 03?0?1 RECORDS MGT. lvlslo 4