Implementing Sections 113,235,236,268,242,243 of the National Internal Revenue Code of 1997, as Amended by Republic Act No 11976, otherwise known as the “Ease of Paying Taxes Act”, on the Registration Procedures and Invoicing Requirements
Section 1. Scope. – Pursuant to the provisions of Sections 244 and 245 of the National Internal Revenue Code of 1997, as amended (Tax Code), in relation to Section 47 of Republic Act (RA) No. 11976, otherwise known as the “Ease of Paying Taxes (EOPT) Act”, these Regulations are hereby promulgated to Implement the amendments on Registration Procedures and Invoicing Requirements Tax provisions.
Section 2. Definition of Terms, –
Invoice may also be serve as a written admission or acknowledgement of the fact that money has been paid and received for the payment of goods or services.
2. Supplementary Document – is a written document, other than sales or commercial invoice, which serves as source of accounting entries in the books of accounts.
This includes but not limited to official receipt, delivery receipt, order slip, debit and/or credit memo, purchase order, acknowledgement or cash receipt, collection receipt, bill of lading, billing statement, statement of account and any other documents, by whatever name it is known or called, whether prepared manually (hand written information) or pre-printed/numbered loose leaf (information typed using spreadsheet program or typewriter) or computerized as long as they are used in the ordinary course of business and being issued to customers or otherwise.
For purposes of VAT, supplementary Documents are not valid proof to support the claim of input taxes by the buyers/puchasers of goods and/or services.
Section 3. Invoicing and Accounting Requirements for Value-Added Tax (VAT) Registered Persons under Section 113 of the Tax Code. –
All VAT-registered persons and those required to register for VAT shall comply with the following:
A. Invoicing Requirements
B. Information Contained in a VAT Invoice – The following information shall be indicated in the VAT Invoice:
C. Accounting Requirements – All persons subject to VAT under Sections 106 and 108 of the Tax Code shall maintain a subsidiary sales journal and subsidiary purchase journal on which the daily sales and purchases are recorded, in addition to the regular accounting records required.
D. Consequences of Issuing Erroneous VAT Invoice
Section 4. Preservation of Books of Accounts and Other Accounting Records under Section 235 of the Tax Code. –
A. Preservation
2. The term “other accounting records” includes the corresponding invoices, receipts, vouchers and returns, and other source documents supporting the entries in the Books of Accounts.
3. The term “last entry” refers to a particular business transaction or an item thereof that is entered or posted last or the latest in the Books of Accounts when the same was closed.
4. The foregoing notwithstanding, if the taxpayer has any pending protest or claim for tax credit/refund of taxes, and the books and records concerned are material to the case, the taxpayer is required to preserve the Books of Accounts and other accounting records until the case is finally resolved in support of their defenses and aid, even beyond the prescribed 5-year retention period.
5. Unless a longer period of retention is required under the Tax Code of other relevant laws, the independent Certified public Accountant (CPA) who audited the records and certified the financial statements of the taxpayer, has the responsibility – similar to that the taxpayer – to maintain and preserve electronic copies of the audited and certified financial statements including the audit working papers for a period of five (5) years form the due date of filing the annual income tax return or the actual date of filing thereof, whichever comes later.
6. Books of Accounts and Other Accounting Records shall be subject to examination and inspection by internal revenue officers; Provided, that for income tax purposes, such examination and inspection shall be made only once in a taxable year, except for the following cases:
7. Any provision of existing general or special law to the contrary notwithstanding, the Books of Accounts and other pertinent records of Tax-exempt, organizations or grantees of tax incentives shall be subject to examination by the BIR for purposes of ascertaining compliance with the conditions under which they have been granted tax exemptions or tax incentives, and their tax liability, if any.
B. Examination and Inspection
Section 5. Registration Requirements under Section 236 of the Tax Code.-
A. Manner and Time of Registration – Every person subject to any internal revenue tax shall register, either electronically or manually, with the Revenue District Office (RDO) as follows:
B. Place of Registration – the following taxpayers shall be registered either electronically or manually, with the appropriate RDO.
In case of system downtime or technical issues or errors, manual application for registration shall be processed at the concerned BIR Offices. In any case, the Commissioner of Internal Revenue may issue and change the manner of registration through revenue issuances or circulars for tax administration purposes.
The requirement of payment of Annual Registration Fee of Five Hundred Pesos (P500.00) for every separate or distinct establishment or place of business is repealed and shall no longer be applicable effective January 22, 2024.
The place of residence may refer to the taxpayer’s legal residence, principal residence, current residence or permanent residence.
C. Registration of Business Taxpayers – All persons engaged in business or practice of profession, self-employed and professionals not under employer-employee relationships, juridical entities, online sellers/merchants including those engaged in providing digital goods and services, unless otherwise exempted, shall:
The concerned RDO shall include the newly registered business taxpayers who registered electronically or manually in their monthly conduct of Tax Compliance Verification Drive (TCVD) after thirty (30) days from the date of business registration to validate declarations in their application and verify their existence.
All online sellers/merchants shall register with the BIR on or before the commencement of business in an e-marketplace platform in accordance with the Section 236 of the Tax Code. Consequently, and in furtherance to the government’s thrust to protect and uphold the interests of the buyers/consumers from trade malpractices, e-marketplace operators shall require from their respective sellers/merchants the submission of their Certificate of Registration (COR) or BIR Form No. 2303, and include the same as part of e-marketplace operators’ minimum seller/merchant accreditation requirements.
D. Registration of Business Name – Each Business Name used, including the “store name” used in any online store or e-commerce platform, shall be registered with the BIR and shall be reflected in the BIR Certificate of Registration, provided, that each Business Name or “store name” is also registered with the Securities and Exchange Commission (SEC) or Department of Trade and Industry (DTI) as evidenced by a valid DTI Certificate of Business Name Registration or SEC Certificate of Registration or Articles of Incorporation or Partnership.
E. BIR Business Registration Date – The BIR Business Registration shall be reckoned form the date when the taxpayer registered its business and/or Business Name as reflected in the BIR Certificate of Registration.
F. Issuance of Certificate of Registration of Head Office, Branch and Facility – Subject to the provisions of Section 5(C) hereof, each Head Office, Branch and Facility shall be issued a Certificate of Registration or Electronic Certificate of Registration within the period/time prescribed in the BIR Citizen’s Charter, upon submission of complete documentary requirements. Employees, ONETT taxpayers, individuals who have secured a TIN under EO No. 98 and/or non-business taxpayers, non-business Estate and Trust shall not be issued a Certificate of Registration.
A Thirty pesos (P30.00) Documentary Stamp Tax (loose DST) shall be paid upon issuance of BIR Certificate of Registration or Electronic Certificate of Registration.
G. Posting of Certificate of Registration – All persons subject to the provisions of Section 5(C) and (D) hereof shall post or exhibit their original COR/Electronic Certificate of Registration (eCOR) at the place where the business is conducted and at each branch and/or facility in a way that is clearly and easily visible to the public. In case of a peddler or other persons not having a fixed place of business, the COR/eCOR shall be kept in the possession of the holder thereof or at the place of residence or at the Head Office’s address, if applicable, subject to production upon demand of any internal revenue officer.
H. Posting of Proof of Registration on Online Websites, E-Commerce or E-Marketplace Seller/Merchant’s Page and other Platforms – All online businesses, sellers or merchants and service providers operating a business through a website, social media or any digital or electronic means, shall display conspicuously the electronic copy of the BIR Certificate of Registration on their website, seller/merchant’s account or profile pages of the e-commerce platform or mobile application. The displayed proof of registration shall be easily accessible and visible to buyers or customers visiting the seller’s merchant page or online/e-commerce shop.
I. Registration of Each Type of Internal Revenue Tax – Every person who is required to register with the BIR under Section 5(A) hereof, shall register each type of internal revenue tax for which such person is obligated; file a return and pay the tax due thereon either electronically or manually; and updated such registration of any changes thereof.
J. Cancellation of Registration – The registration of any person shall be cancelled upon mere filing, either electronically or manually, of an application for registration information update in a form prescribed therefor with the RDO where such person is registered. However, this shall not preclude the Commissioner of Internal Revenue or his authorized representative from conducting an audit to determine any tax liability.
K. Transfer Registration – In case a registered person decides to transfer the place of business or head office or branch/es, it shall be the person’s duty to update the registration status by merely filing, either electronically or manually, an application for registration information update in the audit investigation, the RDO which initiated the audit investigation shall continue the same.
L. Unlawful Pursuit of Business – Any person who carries on or engages in any business and is not duly registered with the BIR shall, upon conviction for each act of omission, be punished in accordance with the penalty provided in Sec. 258 of the Tax Code.
SECTION 6. Issuance of Invoices under Section 237 of the Tax Code.
A. Issuance –
B. Information Contained in the Invoice – The Invoice shall contain the following information:
C. Tickets and other Similar Forms as Invoice – Tickets, such as transportation tickets, event tickets, amusement tickets, movie tickets, parking tickets, raffle tickets, gaming/gambling tickets, electronic tickets, and other similar tickets, regardless of form or name, including those issued by ticketing machines, shall serve as both an invoice and proof of payment, if the word “Invoice” is printed therein and it contains all the required information outlined in Section 6(B) hereof. Otherwise, the same shall be considered as supplementary document and as separate invoice shall still be issued therefor.
SECTION 7. Printing if Invoices under Section 238 of the Tax Code.
SECTION 8. Transitory Provisions. –
SECTION 9. Separability Clause. – If any of the provisions of these Regulations is subsequently declared invalid or unconstitutional, the validity of the remaining provisions hereof shall remain in full force and effect.
SECTION 10. Repealing Clause. – All other issuances and rules and regulations or parts thereof which are contrary to and inconsistent with any provisions of these Regulations are hereby repealed, amended, or modified accordingly.
SECTION 11. Effectivity. – These Regulations shall take effect fifteen (15) days following its publication in the Official Gazette or the BIR Official Website whichever comes first.
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