Title XI, Chapter I – Disposition and Allotment of National Internal Revenue, in General

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Title XI – Allotment of Internal Revenue Chapter I – Disposition and Allotment of National Internal Revenue, in General SECTION 283.  Disposition of National Internal Revenue. – National internal revenue collected and not applied as hereinabove provided or otherwise specially disposed of by law shall accrue to the National Treasury and shall be available for the general purposes of the Government, with the exception of the amounts set apart by way of allotment as provided for under Republic Act No. 7160, otherwise known as the Local Government Code of 1991. In addition to the internal revenue allotment as provided for in the preceding paragraph, fifty percent (50%) of the national taxes collected under Sections 106, 108 and 116 of this Code in excess of the increase in collections for the immediately preceding year shall be distributed as follows: (a)        twenty percent (20%) shall accrue to the city or municipality where

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Title X, Chapter IV – Other Penal Provisions

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SECTION 274.  Penalty for Second and Subsequent Offenses. – In the case of reincidence, the maximum of the penalty prescribed for the offense shall be imposed. SECTION 275.  Violation of Other Provisions of this Code or Rules and Regulations in General. – Any person who violates any provision of this Code or any rule or regulation promulgated by the Department of Finance, for which no specific penalty is provided by law, shall, upon conviction for each act or omission, be punished by a fine of not more than One thousand pesos (P1,000) or suffer imprisonment of not more than six (6) months, or both. SECTION 276.  Penalty for Selling, Transferring, Encumbering or in any way Disposing of Property Placed under Constructive Distraint. – Any taxpayer, whose property has been placed under constructive distraint, who sells, transfers, encumbers or in any way disposes of said property, or any part thereof, without

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Title X, Chapter III – Penalties Imposed on Public Officers

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SECTION 269.  Violations Committed by Government Enforcement Officers. – Every official, agent or employee of the Bureau of Internal Revenue or any other agency of the Government charged with the enforcement of the provisions of this Code, who is guilty of any of the offenses hereinbelow specified shall, upon conviction for each act or omission, be punished by a fine of not less than Fifty thousand pesos (P50,000) but not more than One hundred thousand pesos (P100,000) and suffer imprisonment of not less than ten (10) years but not more than (15) years but not more than (15) years and shall likewise suffer an additional penalty of perpetual disqualification to hold public office, to vote, and to participate in any public election: (a)        Extortion or willful oppression through the use of his office or willful oppression and harassment of a taxpayer who refused, declined, turned down or rejected any of

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Title X, Chapter II – Crimes, Other Offenses and Forfeitures

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SECTION 253.  General Provisions. – (a)        Any person convicted of a crime penalized by this Code shall, in addition to being liable for the payment of the tax, be subject to the penalties imposed herein: Provided, That payment of the tax due after apprehension shall not constitute a valid defense in any prosecution for violation of any provision of this Code or in any action for the forfeiture of untaxed articles. (b)       Any person who willfully aids or abets in the commission of a crime penalized herein or who causes the commission of any such offense by another shall be liable in the same manner as the principal. (c)        If the offender is not a citizen of the Philippines, he shall be deported immediately after serving the sentence without further proceedings for deportation. If he is a public officer or employee, the maximum penalty prescribed for the offense shall be

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Title X, Chapter I – Additions to Tax

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Title X – Statutory Offenses and Penalties Chapter I – Additions to Tax SECTION 247.  General Provisions. – (a)        The additions to the tax or deficiency tax prescribed in this Chapter shall apply to all taxes, fees and charges imposed in this Code. The amount so added to the tax shall be collected at the same time, in the same manner and as part of the Tax. (b)       If the withholding agent is the Government or any of its agencies, political subdivision or instrumentalities, or a government-owned or- controlled corporation, the employee thereof responsible for the withholding and remittance of the tax shall be personally liable for the additions to the tax prescribed herein. (c)        The term ‘person’, as used in this Chapter, includes an officer or employee of a corporation who as such officer, employee or member is under a duty to perform the act in respect of which

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Title IX, Chapter III – Rules and Regulations

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SECTION 244.  Authority of Secretary of Finance to Promulgate Rules and Regulations. – The Secretary of Finance, upon recommendation of the Commissioner, shall promulgate all needful rules and regulations for the effective enforcement of the provisions of this Code. SECTION 245.  Specific Provisions to be Contained in Rules and Regulations. – The rules and regulations of the Bureau of Internal Revenue shall, among other things, contain provisions specifying, prescribing or defining: (a)        The time and manner in which Revenue Regional Directors shall canvass their respective Revenue Regions for the purpose of discovering persons and property liable to national internal revenue taxes, and the manner in which their lists and records of taxable persons and taxable objects shall be made and kept; (b)       The forms of labels, brands or marks to be required on goods subject to an excise tax, and the manner in which the labeling, branding or marking shall

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Title IX, Chapter II – Administrative Provisions

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SEC. 236.         Registration Requirements. – (A)       Requirements. – Every person subject to any internal revenue tax shall register once with the appropriate Revenue District Officer: The registration shall contain the taxpayer’s name, style, place of residence, business and such other information as may be required by the Commissioner in the form prescribed therefor: Provided, That the Commissioner shall simplify the business registration and tax compliance requirements of self-employed individuals and/or professionals. A person maintaining a head office, branch or facility shall register with the Revenue District Officer having jurisdiction over the head office, branch or facility. For purposes of this Section, the term ‘facility’ may include but not limited to sales outlets, places of production, warehouses or storage places. (As amended by RA No. 10963 (December 19, 2017)).    Annual Registration Fee. -Repealed (B)       Registration of Each Type of Internal Revenue Tax. – Every person who is required to register

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Title IX , Chapter I – Keeping of Books of Accounts and Records

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Title IX – Compliance requirements Chapter I – Keeping of Books of Accounts and records SEC. 232.         Keeping of Books of Accounts. – (A)       Corporations, Companies, Partnerships or Persons Required to Keep Books Of Accounts. – All corporations, companies, partnerships or persons required by law to pay internal revenue taxes shall keep and use relevant and appropriate set of bookkeeping records duly authorized by the Secretary of Finance wherein all transactions and results of operations are shown and from which all taxes due the Government may readily and accurately be ascertained and determined any time of the year: Provided, That corporations, companies, partnerships or persons whose gross annual sales, earnings, receipts or output exceed Three million pesos (P3,000,000), shall have their books of accounts audited and examined yearly by independent Certified Public Accountants and their income tax returns accompanied with a duly accomplished Account Information Form (AIF) which shall contain,

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Title VIII, Chapter III – Protesting an Assessment, Refund, Etc.

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SECTION 228   Protesting of Assessment. – When the Commissioner or his duly authorized representative finds that proper taxes should be assessed, he shall first notify the taxpayer of his findings: Provided, however, That a preassessment notice shall not be required in the following cases: (a)        When the finding for any deficiency tax is the result of mathematical error in the computation of the tax as appearing on the face of the return; or (b)       When a discrepancy has been determined between the tax withheld and the amount actually remitted by the withholding agent; or (c)        When a taxpayer who opted to claim a refund or tax credit of excess creditable withholding tax for a taxable period was determined to have carried over and automatically applied the same amount claimed against the estimated tax liabilities for the taxable quarter or quarters of the succeeding taxable year; or (d)       When the excise

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Title VIII, Chapter II – Civil Remedies for Collection of Taxes

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SECTION 205.  Remedies for the collection of Delinquent Taxes. – The civil remedies for the collection of internal revenue taxes, fees, or charges, and any increment thereto resulting from delinquency shall be: (a)        By distraint of goods, chattels, or effects, and other personal property of whatever character, including stocks and other securities, debts, credits, bank accounts, and interest in and rights to personal property, and by levy upon real property and interest in or rights to real property; and (b)       By civil or criminal action. Either of these remedies or both simultaneously may be pursued in the discretion of the authorities charged with the collection of such taxes: Provided, however, that the remedies of distraint and levy shall not be availed of where the amount of tax involved is not more than One hundred pesos (P100). The judgement in the criminal cases shall not only impose the penalty but shall

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