Académique Documents
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RECOrffiS DIVISION
II: 55
A.Jif.
AUG1 () 200~
QuezonCity
RECEIVED'
August8, 2007
Iq- ';Y1I1
T11e Consolidated Revised Schedule of Compromise Penalties for Violations of the National Internal Revemle Code
To
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A.
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To update and align the Schedule of Compromise Penalties with that of the penalties provided tor in the National Internal Revenue Code of 1997 (NJRC) and to delete from the coverage thereof certain acts commonly resorted to by taxpayers as means of tax evasion; To reflect the changes in the Sched\t1e which incl\lde the Code Section, Natllre of Violation, Crimina! Penalty Imposed under the NIRC and Amount of Compromise Penalty; To adopt and implement a lmifonn application of the Val;O\1S compromise penalties for criminal violations of the NIRC;
and
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To provide supp1emental gt1idelines on compromise 'penalties tt)r resident taxpayers and non-residents aswell.
rn order to attain these objectives, the following are hereby pres(~rihed for the infomlation and strict compliance by all concerned: In all cases of criminal violations of the NIRC, not involvinn thc C{)iiliOissiClO III Liilllillll\;ill oct, it is directc,l that henceforth, compromise pena1ties to be imposed sha11 f0110w strictly the amounts in the attached "Revised Schedule of Compromise Penalties", marked as Annex" A t, and made an integral part hereof.
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Subject: c. B. D. Policies:
2.
Certain acts/violations which are commonly resorted to by taxpayers as means. of tax evasion are deleted from the coverage, thereof for having met the requirements 01"the definition of fraudulent acts.
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2. 5. 6. Page 7.
IV.
Repealing Clause: All other orders which are inconsistent herewith are hereby repealect or revoked accorrling1y.
v.
Effectn'ity:
This Order shall take effect immediately.
Page3 of3
Annex "A"
areIncJusl~eu~"otherviolations --
258
I-ailure
Fine of not less than P30",OOObut not a person engaged in the business ofdistilling, more than P50,OOO and suffer rectifying, repacking,compounding imprisonment of not less than 2 years Of manufacturing article but not more than 4 years
fee by
Cities 1s1class municipalities 2nd class municipalities 3rd class municiplaities P 1,000
subject to ex:Cise_t~~_.. 2361275 Failure to Pay & Display the Annual Registration Fee:(BIR Form 0605)
Fine of not more than 1,000 or imprisonment of not more than 6 months (sec 275, NIRC) Fine of not more than 1,000 or imprisonment of not more than 6 months (sec 275, NIRC)
Fine of not more than 1,000 or imprisonment of not more than 6 months (sec 275, NIRC)
of Registration
displayed
P 1,000
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to display the poster"Ask for BIR Receipr' or "Notice to the Public to demand receipts/invoice"
P 1,000
sticker/DECAL authorizing the use of CRM/POS/CAS Failure to present application form (BIR Form 1900 arid 1905) to use registered sales books/permit to use loose leaf sales books --~
254 Willful attempt to evade or defeat any tax imposed by the ,National Internal Revenue Code or the payment thereof
Fine of not more than 1,000 or imprisonment of not more than 6 months (sec 275, NIRC)
:-
P 1,000
Fine of not less than P30,OOO but not more than P100,OOO and
imprisonment of not less than two(2) years but not more than four(4) years Fine of not less than P10,OOO and imprisonment of nolless than one (1) year but not more than 10 years
This violation cannot be compromised because it involves fraud. Sec 204 NIRC
255
Failure to file and/or pay any internal revenue tax at the lime or times required by law or regulation.
Compromise is
500
1,000 2,000 5,000 7,500 10,000 15,000 20,000 30,000 50,000 100,000 500,000
200
400
700
2,001
5,000: 7,500.
10.000 15.000 1
1,000
1,500 2,000 3,000 4,000 6,000 8,500 12,000
1,000,000 5,000,000
16,000 20,000
25,000
50,000
xxxx
Page 1 of 10
.~.~!:11.!!!:~!.~~~~
NA TURE OF VIOLATION
to make/file/submit anyreturn or supply correct information at the time or times required regulation by lawor
CRIMINAL PENAL TV IMPOSED Fine of not less than P10,OOO and imprisonment of not less than one (1) year but not more than ten (10) years
AMOUNT OF COMPROMISE If gross annual sales, earnings or receipts; or gross estate or gift Exceeds
But does
255
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232/235 Failure to keep/preserve records
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rine of not more than P1 ,000 or imprisonment for not more than 6 months, or both: (Sec. 275, "IIRC)
not exceed p x X Xl P 10,000 10,000 20,000 20,000 30,000 30,000 50,000 75,000 50,000 75,000 100,00. I 100,0001 300,001 500,000 300,0001 500,000 1,000,000 5,000,000 1,000,000 10,000,000 5,000,000 10,000,000 25,000,000 xxxI 25,000,000J~oss annua saies, earnm
-.Bu~ Does. Not Exceed I I
--
Compromise is p 200 400 600 1,000 1,500 2,000 3,000 5,000 7,500 10;000 15,000 20,000 25,000 or receipts
x x x
10,000!
5,000,000: 10,000,000
2P,000,000,
50,000,0001
255 Failure to witlihold or remit withheld
Compromise is 200 P 10,OOO! p 400 20'000 600 30,000 1 50;000 1,000 1,500 75,000 2,000 100,000 3,000 250,000 5,000 500,000 7,500 1,000,0001 10,000 5,000,000 15,000 10,000,000 20,000 20,000,000 30,000 50,000,000 xx,' 50,000
rme of not less than P10,OOO and imprisonment of not less than one{1) year but not more than ten{10) years
Exceeds p
5001
1,000, 2,000
But does
Compromise
not Exceed
I 500
is
P 2001 4001 70CI 1,000 ] 1,500 2,000 3,000
5,000
7,500
10,000
15,000
20,000i
30,000
50,000
100,00
500,000
1,OOQ,QQQ!
1,000 2,000 5,000 7,500 10,000 15,000 20,000 30,000 50,000 100,000 500,000 1,000,000 x x x
4,000 6,500
9,000 12,0001 16,000;. 20,0001 2.~,OOOI
Page 2 of 10
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Failure ps
REVISED
SCHEDULE
OF COMPROMISE
PENAL TV
AMOUNT OF COMPROMISE I' the amount of excess taxes not reflmded Exceeds
CODE NATURE OF VIOLATION CRIMINAL PENAl-TV IMPOSED SEC 255 Failure to refund excess taxes withhelcjon Fine of not less than P10,OOO and compensation imprisonment of not less than one (1)
year but not more than ten (10) years
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255
Misrepresentation as to actual filing of return or statement or withdrawal of return or statement already filed.
&
But does Compromise not Exceed is p x x x P 500 p-' 200 500 400 1,000 700 2,000 1,OOOi 2,000 5,000 1,000 5,0001 7,500 1,500 7,500 10,000 2,000 10,000 15,000 3,000 15,000 20,000 4,000 20,000 30,000 6,500 30,000 50,000 9,000 50,000 100,000 12,000 100,000 500,000 16,000 500,000 1,000,000 20,000 25,000 ~ QQQRQQ x x x rine not less than P10,OOO bl.lt notmore This violation cannot be compromised than P20,OOO and imprisonment because it involves fraud. Sec. 204(NIRC)
of not less than one(1) year but notmore than three(3) years
256
r'ine of not less than P50,OOO but not more than P100,OOO (in addition to penalty set forth or imposed on the responsible corporate or employee). officer, partner
or the amolJnt of
compromise penalty set forth in this Schedule for particular act or omission, whichever is higher. officer,
partner or employee. 257 a) Violations committed by any financial officer or an independent CPA, or any person under his direction as follows:
rine of not less than PSG,ODO but not
1) Willful falsification of any report or statement on any examination or audit; rendering reports (including exhibits, statements, etc.) not verified by him personally or under his supervision or uy a member of his firm or staff in accordance with sound auditing oractices
2) Certification of financial statement of a business enterprise containing an essential misstatement of facts or omission as to transactions, taxable income, deduction client. 0) Violations committed are not CPAsby personswho rine of not less than P50,OOO bllt not anrj exemption of a
it involves
This violation cannot be compromised because it involves fraud. (Sec. 204, NIRC)
not less than 2 years but not morethan 6 years. In case of foreigners, conviction under this Code shall result deportation after without fl irther in his immediate serving sentence
Page 3 of 10
REVISED
CODE SEC
SCHEDULE
OF COMPROMISE
PENAL TV
AMOUNT OF COMPROMISE P 25,000
NATURE OF VIOLATION
1) Examination accounts and audit of booksof of taxpayers;
P 25,000
P 25,000
or bookkeeping
purposes
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4) Knowingly making false entry orenters any false or fictitious name in Ine books of accounts mentioned in ine preceding paragraphs; , 5) Keeping such records of two or more sets of or books of accounts;
This violation cannot be compromised because it involves fraud. Sec 204 NIRC P1,OOO or the compromise penalty set forth in this Schedule for theparticular act or omission,whichever is higherj or, cannot be compromised if it involves fraud. If gross annual sales earnings or receipts Compromise is
6) In any way commits an act or omission in violation of the provisions of Sec. 257, NtRC; or
7) (i) Failure to keep books' of accountsor records in a native language, Englishor Spanish or make a true and completetranslation.
200
400 600 1,000 1,500 2,000 3,000 5,000 7,500 10,000 15,000 20,000 30,000
Iii) Where books kept in a native ianguage, English or Spanish are found io be at m'aterial variance with books kepi in another language. 8) Willful attempt to evade or defeat any iax imposed under the Code or knowinglYI uses fake or falsified Revenue Official Keceipts, Letters of Authority, Certificates Authorizing Registration. Tax Credit Certificates, Tax Debit Memoranda and other Accountable Forms.
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1Fine of not less than P50,OOO but not mqre that P100,OOO and suffer imprisonment of not less than two (2) I years but not less than six (6) years. i I This violation cannot be compromised oecause it involves fraud (Sec. 204 NIRC)
Page 4 of 10
REVISED
CODE NATURE OF VIOLATION SEC 232 f-ai~ure to have books of accounts
audited and have the financial statements income independent attached to the by an tax return certified
SCHEDULE
OF COMPROMISE
PENAL TV
AMOUNT OF COMPROMISE
CRIMINAL PENAL TV IMPOSED Fine of not more than P1.000 or imprisonment of not more than 6 months, or both. (Sec. 275, t-/lRC)
by the
annual salesear!!!!!-s:!~rreceipts
Exceeds
But Does:
(;ompromise
IS
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Not Exceed" ~ 25,000 for anyone quarter 200,000 500,000 1,000,000 5,000,000 10,000,000 25,000,000
200,ooa. P
2000:
BIR
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Failure
of assets
Fine of not more than P1 ,000 or imprisonment of not more than 6 months, or both. (Sec. 275, NIRC)
of the decedent and the deductionsfrom gross estate certified by an independent CPA duly accredited by the
Exceeds P
But Does
I Compromise
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is
BIR
0000001 500,000
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IlI,egal collection of foreign paymentscollection of foreign payments under Sec, 67. NIRC without any license or in violation of implementing regulations
Fine of not less than P20,OOO but not more than P50,OOO and imprisonment of not less than 1 year but not more than 2 years
260
Unlawful ,possession of cigarette paper Fine of not less than P20,OOO but in bobbins or rolls, cigarette tippingpaper not more than P100,OOO and or cigarette filter tips. impri~onment of not less than
6 years and 1 day but not more than 12 years.
P 100,000
261
JFine of not less than P20,OOO but not more than P100,OOO and imprisonment of not less than 6 years and 1 day but not more than 12 years.
P 100,000
261
Unlawful to recover
recovery
or attempt or other
by distillation
process any denatured alcohol or who knowingly disposes alcohol so recovered or redistilled 262
Fine of not less than P20,OOObut not more than P100,OOO and imprisonment"of not less than 6 years and 1 day but not more than 12 years. Fine of not less than P20,OOObut not more than P100,OOO and impri~onment of not less than6 years and 1 day but not more than 12 years.
P 100,000
Shipment or removal of liquor or tobacco products under false name or brand or as an imitation of any existing name or brand.
P 100,000
Page 5 of 10
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CRIMINAL PENALTY IMPOSED If the appraised value of the article under the Tariff and Customs Code (TCC)Value noes Exceeds xxx
Not Exceed
Penalty is
PI,OOO Fine:PI,OOO-2,OOO
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1000
20,000'
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150,000Fine:P30,OOO-60,OOO I
60,000*
and imprisonment of 4 years bllt not more than 6 yrs 150,000x x x Fine:50,OO0-100,OOO
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263 b) IJnlawful possession of locally manufactllred articles sllbject to excise tax without payment of the tax.
100,000'
forfeiture
of the untaxed
article articlel
263
c) Unlawful
removal
of lmtaxed
articles
Fine amount
of the (I"taxed
article I
sllbject to excise
of production.
264
a) Failure or refusal to issue receipts or or commercial invoices; issuing receipts or invoices not truly reflecting and/or containing all information required lI)erein or llsing multiple or dollble receipts or invoices
fine
of
not
than
P1,000 and
but
notmore
lsales
of not
Specific Violation
a) For faillire to iSSIJe receipts or sales or sales or
First Offense
P 10,000
years
P 25,000
P 50,000
Page 6 of 10
2,000.
REVISED
CODE SEC
SCHEDULE
OF COMPROMISE
PENAL TV
AMOUNT OF COMPROMISE
If theinformationmissing P 20,000 is the correct amount of thetransaction c) For issuance of receipts thatdo not truly reflect and/or contain all the information required to be shown therein. I "jf".th.e '.'..
NA TURE OF VIOLATION
P 50,000
5,000
P 10,000
'p"zo:ooo'."""'..'p...so;oo.o".'.1
duplicate copy of the invoice is blank bllt the original copy thereof is detached from the booklet and
cannot be
accounted for If the amount of Not qualified for compromise the transaction stated in the taxpayer's copy is understated rversus the amount per copy of the invoice issue to the purchaser
P 20,000
P 50,000
invoices (ii) Use of P25,OOO/unit unregistered cash register machines in lieu of invoices or receipts : PSO,OOO/unit
Not qualified
for compromisel
invoices
Page 7 of 10
P ~
REVISED
CODE
SCHEDULE
OF COMPROMISE
PENAL TV
AMOUNT OF COMPROMISE f) For printing or causing, aiding or abetting the printing of:
SEt
NATU~E OF VIOLATION
P 25,000
P 50,000
P 50,000
.Ccnseculive
numbers
~ 11,"1.
clla,payer,.
Busilless
SlyteII
Busilless
addl'Bss,,!Ih.
person
cr
enlity
10 use
tho Ilc,
same
.TIll
a"lhority /Jame,
ed"."d IIC
of the
printer
end
illclusile
"eriaillumbe"
of the
batcb
or receipts
,winred
275
For failure of the printer to submit the required quarterly report under Sec. 238 of the Tax Code, as amended Offenses relating to internal revenue stamps 1) Making, importing, selling, usir]9 or possessing without express authority from the Commissioner any dye for EJrinting or making or playing cards. stamps, label tags
Fine of not more than P1 ,000 or imprisonment of not more than6 months or both
P 5,000
P 10,000
265
rine
of not less than P20,OOO but notmore than PSO,OOD and imprisonment
P 20,000
Tor not less than 4 years but not more than 8 years
~) Erasing the cancellation marks of Fine of not less than P20,OOO but not any stamps previously used or alteringine more than PSG,OOOand imprisonment written figures or letters, orcancelling Tor not less than 4 years marks on internal revenuestamps. but not more than 8 years
This violation cannot be compromised because it involves fraud. Sec. 204 NrRC
3) Possession of false, counterfeit,restored rlne of not less than P20,OOO but not or altered stamps, labels,or more than P50,OOO and imprisonment tags, or causes the commission jor not less than 4 years of any such offense by another. out not more than 8 years
This violation cannot be compromised because it involves fraud. Sec. 204 !'JIRC
RECO~p~ fJl~~8l~N
AUG1 () 20~
Page 8 of 10
R E C E I "-E If
REVISED
CODE SEC NATURE OF VIOLATION
!4) Selling or offering or package 10 excise counterfeit or container containing stamps
SCHEDULE
OF COMPROMISE
PENAL TV
AMOUNT OF COMPROMISE This violation cannot be compromised because it involves fraud. Sec. 204 NIRC
5) Giving away or accepting from another or sells, buys, or uses containers on which the stamps are destroyed. to testify; not completely
Fine of not less than P20,OOO but not more than P50,OOO and imprisonment for not less than 4 years but not more than 8 years Fine of not less than P5.000 but not irst Offense more than P10,OOO and imprisonment for not less than one (1) yr but not Second Offense more than two (2) yrs
by Summary cancellation of articles or withdrawal as a subject to
P 50,000
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266
Failure
to obey summons;
P10,OOO P20,OOO
or to appear and produce books of accounts, records, etc. or to furnish information required under the NIRC.
268
in business
~l 272':li
Failure
1-'5,000nor more than P50,000 or imprisonment of not less than 6 withhold any internal revenue tax andfailure months and 1 day but not more than to remit the same accordance with the provisions of the NIRC. L years, or both.
t-
C;ompromlse is -!:!?-~ed
200
400 700 1,000 2,000 3,000 4,000 6,000 9,000 12,000 16,000 20,000
10,000
15,000 20,000 30,000
15,00
20,000 30,000 50,000 100;000
1
50,000
regulation of the Department of Finance for which no specific penalty is provided bylaw.
Fine of not more than P1 ,000 or imprisonment of not more than 6 months or both
P 1,000
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276
Sale, transfer, encumbrance or anyother disposition of any properly or part Inereof placed under constructive distraint, without the knowledge and c;onsent of the Commissioner.
Fine of not less than twice the value of the property sold, encumbered or disposed of, but not less than P5,OOO or imprisonment of not less than 2 years and 1 day but not more than 4 years, or both
Page 9 of 10
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NATURE OF VIOLATION SEC 277 Failure to surrender property placed under distraint and levy.
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together with costs and interests). In addition, such violation in a sum of not less than
P5,OOO o~ imprisonment for not less than 6 months and 1 day but not more than 2 years, or both.
278
rlne of not more than P2,OOO or r--rocuring the unlawful divulge r,ce of anyconfidential information regarding the imprisonment of not less than business, income or inheritance of 6 months nor more than 5 years,or any taxpayer; unlawfully publishing or both. printing the income, profits, losses or expenditures appearing in any income tax return
This violation should not be compromised because it is against public policy to allow divulgence of confidential information, unless this is validly authorized under existing law.
Page 10 of 10
Annex "B"
OFFER OF COMPROMISE
Date
TIN:
Accepted
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of 1