RMC No. 89-2017 — Amends RMC No. 51-2007 relative to the processing of claims for issuance of tax refund/Tax Credit Certificate (TCC) and the revenue officials authorized to approve and/or issue the tax refund/TCC Digest | Full Text

REPL]BLIC, OF THE, PHILIPPINES ErjBErtj 0f [:'f'EI1l,;AL f,f,mfdE DE,PARTML,NT OF FINANCE ,l:go I{-ECORD*I, I IG f, DT/iSION BUREAU OF INTERNAL REVENUE P.^,t,-- UCI ?\ZAV tt E Quezon City RECE Y,ffff October 20. 2017 REVENUE MEMORANDUM CIRCULAR NO. 8 q. 20 17 : SUBJECT Circularizes the Amendments to Revenue Memorandum Circular No. 5l-2007 on the Processing of Claims for Issuance of Tax Refund/Tax Credit Certificate (TCC) and Revenue Officials Autl-rorized to Approve and/or Issue the Tax Refund/TCC TO : All Internal Revenue Officiais and Ernployees Concemed For the information and guidance of all concerned. this Circular is issued to amend the provisions in RMC No. 51-2007 on the processing of claims for issuance of tax refund/Tcc. except claims processed under the jurisdiction of the Large Taxpavers Service (LTS) and the Legal Service. I. Claims for value-added tax (VAT) refund/Tcc b,v direct exporters 1. A1l claims by direct exporters shall be filed with and processed by the VAT Credit Audit Division (VCAD). except for taxpayers under the jurisdiction of the LTS, who have the option to fiie with the concerned LT Division where they are registered or with the VCAD. 2. The electronic Letters of Authority (eLAs) invoiving claims filed with the VCAD shali be approved and signed by the Assistant Comrnissioner Assessment Service (ACIR - AS). 3. All claims processed by the VCAD shail be reviewed by the Tax Audit Review Division (TARD) prior to approval of the claim. 4. The following are the authorized approving revenue officials: andl Approvins Revenue Official Arnount Clairned or Amount Granted ACIR - AS Not more than Below P 50,000,000.00 P 75,000,000.00 Deputl, Commissioner - P 50,000.000.00 up to More than P 75,000,000.00 P 100,000,000.00 Operations Group (DCIR up to P 150,000,000.00 More than F 100.000.000.00 - oG) More than P 150,000.000.00 Commissioner of Intenral Revenue (CIR)

IL Claims fbr issuance of tax refund/Tcc on incorne and other taxes filed bl,taxpayers registered with the Revenue District Offices (RDOs). including VAT refund/TCC claims of indirect expofiers 1 . All claims filed with and processed b,v the RDO shall be reviewed b1, the concerned Assessment Division prior to transmittal to the Regional Director. 2. The Regional Director shall be the authorized approving official fbr claims amounting to Ten Miilion (10M) Pesos and below. For clairns exceeding 10M Pesos. the repofis on said claims shall be signed by the Regional Director'. who shall l'ecommend the approval/issuance of the tax refund/Tcc. 3. The docket of the claim shall be transmitted to the TARD for further review prior to approval of the revenue officials in accordance witl-r the thresholds set in item I.4 hereof. 4. All memorandum reports recommending clairns within the applicable threshoids in item 1.4 hereof shali be signed by the ACIR - AS prior to final approval by the DCIR - OG/CIR. IIL Existing claims from Regional Offices exceeding P 1,000,000.00 (1M Pesos) in the possession of the National Office Claims which emanated from Regional Offices amounting to more than 1M Pesos in the possession of the National Office at the time of the approval of this Circular shali be acted upon in accordance with the thresholds set in item I.4 hereof. IV. Time frame to process claims for VAT refund/TCC under Section 112 (A) of the National internal Revenue Code of 1991 (Tax Code), as ainended 1. The 1 20-day period prescribed under 1 12 (C) of the Tax Code, as amended, shall start from the actual date of filing of the application. 2. For claims processed by the RDOs amounting to more than P 10,000.000.00 and ali claims processed by the VCAD, the docket of the claim shall be indorsed/forwarded to the TARD for review within eighty (80) calendar days from the date of the filing of application for VAT refund/TCC. The RDOs. Regional Offices and VCAD shail ensure cornpliance with the required B0-day period to process the claims and submit the dockets with the reporls. For this purpose, no VAT refund/TCC docket shall be accepted by the National Office beyond the BO-day period prescribed herein, regardless of the date when the eLA was issued, except for justifiable reasons. e-9., fortuitous events, unexpected suspension of work or declared holidays. etc. a The TARD shali ensure that the docket of the claim shall be transmitted to the _). approving official not laterthan one hundred (100) da1,s from the filing of the application for VAT refund/TCC. BUIU.U 0F F,.lmnli/J, nEf}'lrI ItECOrtn 5 IAC'r. D.rV$ION (; )7D\l1P,fi14.tt CCT Kf, C tsiv4r*wn*

4. The approving officials shall acl on the recommended claims fbr VAT refund/TCC not later than the 12011' da-v from receipt of application b1' the processing offices. In the absence of a dul1,' appointed DCIR - OG. claims for tax refund/TCC fbr approval of the said official shall be approved by the CiR. All other issuances inconsistent herewith are hereby repealed or rt-rodif-red accordingl1,. The amendments prescribed in this Circr-rlar shall take effect imrnediateil'. All internal revenue otficials and employees concerned are hereb)'enjoir-red to give this Circular as u,ide a publicity as possible. -alYo.^/\j*--^1 f c o *n!*it i*t fr;3.YlHv e n u e 010559 I- 1 cl:bo lt, B"R$EBE&0{URD0Felllf,itEGBTli.t\DL rBvnlsrlfio{lINB P. rlul 2 t 2017 tt RECE fiffff