National Internal Revenue Code Pdf Free Download

16.12.2020by

Subchapter a - income tax (parts 1 - 18) subchapter b - estate and gift taxes (parts 20 - 27-29) subchapter c - employment taxes and collection of income tax at source (parts 30 - 37-39). Tax Particulars National Internal Revenue Code of 1997 R. 10963 Adjustments in personal income taxation Individual income tax rates Sec. 24 (A) (2) Personal income tax table for both compensation-income earners, and self-employed and/or professionals: Not over PHP10,000 5% Over 10,000 but not over 30,000 PHP500 + 10% of the excess over.

  1. Full text of the National Internal Revenue Code of the Philippines Tax Reform Act of 1997. Published on the World Wide Web by The Law Firm of Chan Robles & Associates - Philippines.
  2. National Internal Revenue Code of 1997 (as amended by the TRAIN, RAs 11256 and 11346) Today, how to comply with the new tax law remains the objective and concern for taxpayers in general. For this reason, we are pleased to publish this updated National Internal Revenue Code of 1997, as amended (or the Tax Code).
  3. Powers and Duties of the Bureau of Internal Revenue. The Bureau of Internal Revenue shall be under the supervision and control of the Department of Finance and its powers and duties shall comprehend the assessment and collection of all national internal revenue taxes, fees, and charges, and the enforcement of all forfeitures, penalties, and fines connected therewith, including the.
  4. 3 The following tables have been prepared as aids in comparing provisions of the Internal Revenue Code of 1954 (redesignated the Internal Revenue Code of 1986 by Pub. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095) with provisions of the Internal Revenue Code of 1939.
  5. ORGANIZATION AND FUNCTION OF THE BUREAU OF INTERNAL REVENUE (As Last Amended by RA 10963) SEC. Title of the Code. This Code shall be known as the National Internal Revenue Code of 1997. Powers and Duties of the Bureau of Internal Revenue.
,

National Internal Revenue Code Pdf free download. software










THE
NATIONAL INTERNAL REVENUE CODE
OF THE PHILIPPINES
[Tax Reform Act of 1997]
Republic Act No. 8424
AN ACTAMENDINGTHE NATIONAL INTERNAL REVENUE CODE, AS AMENDED, AND FOROTHERPURPOSES


Read the full text of the


NATIONAL INTERNAL REVENUE CODE OF 1997
Republic Act No. 8424

    SECTION 1. Short Title- This Act shall be cited as the 'Tax Reform Act of 1997'.
    SEC. 2. State Policy.– It is hereby declared the policy of the State to promote sustainableeconomic growth through the rationalization of the Philippine internalrevenue tax system, including tax administration; to provide, as muchaspossible, an equitable relief to a greater number of taxpayers in orderto improve levels of disposable income and increase economic activity;and to create a robust environment for business to enable firms tocompetebetter in the regional as well as the global market, at the same timethatthe State ensures that Government is able to provide for the needs ofthoseunder its jurisdiction and care.
    SEC. 3. Presidential Decree No. 1158, as amended by, among others, PresidentialDecree No. 1994 and Executive Order No. 273, otherwise known as theNationalInternal Revenue Code, is hereby further amended.
    TITLEI
    ORGANIZATIONAND FUNCTION OF
    THEBUREAUOF INTERNAL REVENUE

SECTION 1. Titleof the Code.- This Code shall be known as the National Internal Revenue Code of1997.
    SEC.2. Powers and Duties of the Bureau of Internal Revenue.- The Bureau of Internal Revenue shall be under the supervision andcontrolof the Department of Finance and its powers and duties shall comprehendthe assessment and collection of all national internal revenue taxes,fees,and charges, and the enforcement of all forfeitures, penalties, andfinesconnected therewith, including the execution of judgments in all casesdecided in its favor by the Court of Tax Appeals and the ordinarycourts.The Bureau shall give effect to and administer the supervisory andpolicepowers conferred to it by this Code or other laws.
    SEC.3. Chief Officials of the Bureau of Internal Revenue.- The Bureau of Internal Revenue shall have a chief to be knownasCommissioner of Internal Revenue, hereinafter referred to as theCommissionerand four (4) assistant chiefs to be known as Deputy Commissioners.
    SEC.4. Power of the Commissioner to Interpret Tax Laws and to Decide TaxCases.- The power to interpret the provisions of this Code and othertaxlaws shall be under the exclusive and original jurisdiction of theCommissioner,subject to review by the Secretary of Finance.

    The power todecidedisputed assessments, refunds of internal revenue taxes, fees or othercharges, penalties imposed in relation thereto, or other mattersarisingunder this Code or other laws or portions thereof administered by theBureauof Internal Revenue is vested in the Commissioner, subject to theexclusiveappellate jurisdiction of the Court of Tax Appeals.

    SEC.5. Power of the Commissioner to Obtain Information, and to Summon,Examine,and Take Testimony of Persons.- In ascertaining the correctness of any return, or in making a returnwhen none has been made, or in determining the liability of any personfor any internal revenue tax, or in collecting any such liability, orinevaluating tax compliance, the Commissioner is authorized:
    (A)To examine any book, paper, record, or other data which may be relevantor material tosuch inquiry;

    (B) To obtainona regular basis from any person other than the person whose internalrevenue tax liability is subject to audit or investigation, or from anyoffice or officer of thenational and local governments, government agencies andinstrumentalities,including theBangko Sentral ng Pilipinas and government-owned or -controlledcorporations,anyinformation such as, but not limited to, costs and volume ofproduction,receipts or sales and gross incomes of taxpayers, and the names, addresses, and financialstatements ofcorporations, mutual fund companies, insurance companies, regionaloperatingheadquarters of multinational companies, joint accounts, associations,joint ventures ofconsortia and registered partnerships, and their members;

    (C) To summontheperson liable for tax or required to file a return, or any officer or employee of such person, or any person having possession, custody, orcareof thebooks of accounts and other accounting records containing entriesrelatingto thebusiness of the person liable for tax, or any other person, to appearbeforetheCommissioner or his duly authorized representative at a time and placespecifiedin the summons and to produce such books, papers, records, or otherdata,andto give testimony;

    (D) To takesuchtestimony of the person concerned, under oath, as may be relevant ormaterial to such inquiry; andAcer aspire v5 571 drivers.

    (E) To causerevenueofficers and employees to make a canvass from time to time of any revenue district or region and inquire after and concerning all personstherein who may beliable to pay any internal revenue tax, and all persons owning orhavingthe care,management or possession of any object with respect to which a tax isimposed.

    /download-game-resident-evil-4-utorrent.html. Theprovisionsof the foregoing paragraphs notwithstanding, nothing in this Sectionshallbe construed as granting the Commissioner the authority to inquire intobank deposits other than as provided for in Section 6(F) of this Code.

    SEC.6. Power of the Commissioner to Make assessments and PrescribeadditionalRequirements for Tax Administration and Enforcement.-
    (A) Examinationof Returns and Determination of Tax Due. - After a return has beenfiled as required under the provisions of this Code, the Commissioner or hisdulyauthorizedrepresentative may authorize the examination of any taxpayer and theassessmentof the correct amount of tax: Provided, however; That failuretofile a return shall notprevent the Commissioner from authorizing the examination of anytaxpayer.
Any return,statementof declaration filed in any office authorized to receive the same shallnot be withdrawn: Provided, That within three (3) years fromthedate of such filing, the same may be modified, changed, or amended: Provided,further, That no notice for audit or investigation of such return,statement or declaration has in the meantime been actually served uponthe taxpayer.
    (B) Failure toSubmitRequired Returns, Statements, Reports and other Documents. - Whena report required by law as a basis for the assessment of any nationalinternal revenuetax shall not be forthcoming within the time fixed by laws or rules andregulations orwhen there is reason to believe that any such report is false,incompleteor erroneous,the Commissioner shall assess the proper tax on the best evidenceobtainable.
In case apersonfails to file a required return or other document at the timeprescribedby law, or willfully or otherwise files a false or fraudulent return orother document, the Commissioner shall make or amend the return fromhisown knowledge and from such information as he can obtain throughtestimonyor otherwise, which shall be prima facie correct and sufficient for alllegal purposes.
(C) AuthoritytoConduct Inventory-taking, surveillance and to Prescribe PresumptiveGrossSales and Receipts. - The Commissioner may, at any time during thetaxable year, orderinventory-taking of goods of any taxpayer as a basis for determininghisinternal revenuetax liabilities, or may place the business operations of any person,naturalor juridical,under observation or surveillance if there is reason to believe thatsuchperson is notdeclaring his correct income, sales or receipts for internal revenuetaxpurposes. Thefindings may be used as the basis for assessing the taxes for the othermonths orquarters of the same or different taxable years and such assessmentshallbe deemedprima facie correct.

When it isfoundthat a person has failed to issue receipts and invoices in violation ofthe requirements of Sections 113 and 237 of this Code, or when there isreason to believe that the books of accounts or other records do notcorrectlyreflect the declarations made or to be made in a return required to befiled under the provisions of this Code, the Commissioner, after takinginto account the sales, receipts, income or other taxable base of otherpersons engaged in similar businesses under similar situations orcircumstancesor after considering other relevant information may prescribe a minimumamount of such gross receipts, sales and taxable base, and such amountso prescribed shall be prima facie correct for purposes of determiningthe internal revenue tax liabilities of such person.
(D) AuthoritytoTerminate Taxable Period. - When it shall come to the knowledge oftheCommissioner that a taxpayer is retiring from business subject to tax,or is intending toleave the Philippines or to remove his property therefrom or to hide orconceal hisproperty, or is performing any act tending to obstruct the proceedingsfor the collection ofthe tax for the past or current quarter or year or to render the sametotallyor partlyineffective unless such proceedings are begun immediately, theCommissionershalldeclare the tax period of such taxpayer terminated at any time andshallsend thetaxpayer a notice of such decision, together with a request for theimmediatepaymentof the tax for the period so declared terminated and the tax for theprecedingyear orquarter, or such portion thereof as may be unpaid, and said taxes shallbe due andpayable immediately and shall be subject to all the penalties hereafterprescribed,unless paid within the time fixed in the demand made by theCommissioner.

(E) Authorityof the Commissioner to Prescribe Real Property Values. - TheCommissionerishereby authorized to divide the Philippines into different zones orareasand shall, uponconsultation with competent appraisers both from the private and publicsectors,determine the fair market value of real properties located in each zoneor area. Forpurposes of computing any internal revenue tax, the value of thepropertyshall be,whichever is the higher of:

(1) the fairmarketvalue as determined by the Commissioner, or
    (2) the fairmarketvalue as shown in the schedule of values of the Provincial and CityAssessors.
    (F) Authorityofthe Commissioner to inquire into Bank Deposit Accounts. -Notwithstandingany contrary provision of Republic Act No. 1405 and other general orspeciallaws, theCommissioner is hereby authorized to inquire into the bank deposits of:
    (1) adecedentto determine his gross estate; and
    (2) anytaxpayerwho has filed an application for compromise of his tax liability underSec. 204 (A) (2) of this Code by reason of financial incapacity to payhis tax liability.
In case a taxpayerfiles an application to compromise the payment of his tax liabilitiesonhis claim that his financial position demonstrates a clear inability topay the tax assessed, his application shall not be considered unlessanduntil he waives in writing his privilege under Republic Act No. 1405 orunder other general or special laws, and such waiver shall constitutetheauthority of the Commissioner to inquire into the bank deposits of thetaxpayer.
    (G) AuthoritytoAccredit and Register Tax Agents. - The Commissioner shallaccreditandregister, based on their professional competence, integrity and moralfitness,individualsand general professional partnerships and their representatives whoprepareand file taxreturns, statements, reports, protests, and other papers with or whoappearbefore, theBureau for taxpayers. Within one hundred twenty (120) days from January1, 1998, theCommissioner shall create national and regional accreditation boards,themembers ofwhich shall serve for three (3) years, and shall designate from amongthesenior officialsof the Bureau, one (1) chairman and two (2) members for each board,subjectto suchrules and regulations as the Secretary of Finance shall promulgate upontherecommendation of the Commissioner.
Individualsandgeneral professional partnerships and their representatives who aredeniedaccreditation by the Commissioner and/or the national and regionalaccreditationboards may appeal such denial to the Secretary of Finance, who shallruleon the appeal within sixty (60) days from receipt of such appeal.Failureof the Secretary of Finance to rule on the Appeal within the prescribedperiod shall be deemed as approval of the application for accreditationof the appellant.
(H) Authorityofthe Commissioner to Prescribe Additional Procedural or DocumentaryRequirements. - The Commissioner may prescribe the manner ofcompliancewith anydocumentary or procedural requirement in connection with the submissionor preparationof financial statements accompanying the tax returns.
    SEC.7. Authority of the Commissioner to Delegate Power.- The Commissioner may delegate the powers vested in him under thepertinentprovisions of this Code to any or such subordinate officials with therankequivalent to a division chief or higher, subject to such limitationsandrestrictions as may be imposed under rules and regulations to bepromulgatedby the Secretary of finance, upon recommendation of the Commissioner: Provided,however, That the following powers of the Commissioner shall not bedelegated:
    (a) The powertorecommend the promulgation of rules and regulations by the Secretary ofFinance;
    (b) The powertoissue rulings of first impression or to reverse, revoke or modify anyexistingruling of the Bureau;
    (c) The powertocompromise or abate, under Sec. 204 (A) and (B) of this Code, any taxliability: Provided, however, That assessments issued by theregionaloffices involvingbasic deficiency taxes of Five hundred thousand pesos (P500,000) orless,and minorcriminal violations, as may be determined by rules and regulations tobepromulgated bythe Secretary of finance, upon recommendation of the Commissioner,discoveredbyregional and district officials, may be compromised by a regionalevaluationboard whichshall be composed of the Regional Director as Chairman, the AssistantRegionalDirector,the heads of the Legal, Assessment and Collection Divisions and theRevenueDistrictOfficer having jurisdiction over the taxpayer, as members; and
    (d) The powertoassign or reassign internal revenue officers to establishments wherearticlessubject to excise tax are produced or kept.
    SEC.8. Duty of the Commissioner to Ensure the Provision andDistributionof forms, Receipts, Certificates, and Appliances, and theAcknowledgmentof Payment of Taxes.-
    (A) Provisionand Distribution to Proper Officials. - It shall be the duty of theCommissioner, among other things, to prescribe, provide, and distributeto theproper officials the requisite licenses internal revenue stamps, labelsall otherforms, certificates, bonds, records, invoices, books, receipts,instruments,appliances and apparatus used in administering the laws falling withinthejurisdiction of the Bureau. For this purpose, internal revenue stamps,stripstamps and labels shall be caused by the Commissioner to be printed withadequate security features.
Internalrevenuestamps, whether of a bar code or fusion design, shall be firmly andconspicuouslyaffixed on each pack of cigars and cigarettes subject to excise tax inthe manner and form as prescribed by the Commissioner, upon approval ofthe Secretary of Finance.
(B) ReceiptsforPayment Made. - It shall be the duty of the Commissioner or hisduly
authorized representative or an authorized agent bank to whom anypaymentofany tax is made under the provision of this Code to acknowledge thepaymentof such tax, expressing the amount paid and the particular account forwhich suchpayment was made in a form and manner prescribed therefor by theCommissioner.
    SEC.9. Internal Revenue Districts.- With the approval of the Secretary of Finance, the Commissioner shalldivide the Philippines into such number of revenue districts as mayformtime to time be required for administrative purposes. Each of thesedistrictsshall be under the supervision of a Revenue District Officer.
    SEC.10. Revenue Regional Director.- Under rules and regulations, policies and standards formulated by theCommissioner, with the approval of the Secretary of Finance, theRevenueRegional director shall, within the region and district offices underhisjurisdiction, among others:
    (a) Implementlaws,policies, plans, programs, rules and regulations of the department oragencies in the regional area;
    (b)Administerand enforce internal revenue laws, and rules and regulations, includingtheassessment and collection of all internal revenue taxes, charges andfees.
    (c) IssueLettersof authority for the examination of taxpayers within the region;
    (d) Provideeconomical,efficient and effective service to the people in the area;
    (e)Coordinatewith regional offices or other departments, bureaus and agencies in thearea;
    (f)Coordinatewith local government units in the area;
    (g) Exercisecontroland supervision over the officers and employees within the region; and
    (h) Performsuchother functions as may be provided by law and as may be delegatedby the Commissioner.
    SEC.11. Duties of Revenue District Officers and Other Internal RevenueOfficers.- It shall be the duty of every Revenue District Officer or otherinternalrevenue officers and employees to ensure that all laws, and rules andregulationsaffecting national internal revenue are faithfully executed andcompliedwith, and to aid in the prevention, detection and punishment of fraudsof delinquencies in connection therewith.

    It shall be thedutyof every Revenue District Officer to examine the efficiency of allofficersand employees of the Bureau of Internal Revenue under his supervision,and to report in writing to the Commissioner, through the RegionalDirector,any neglect of duty, incompetency, delinquency, or malfeasance inofficeof any internal revenue officer of which he may obtain knowledge, witha statement of all the facts and any evidence sustaining each case.

    SEC.12. Agents and Deputies for Collection of National Internal RevenueTaxes.- The following are hereby constituted agents of the Commissioner:
    (a) TheCommissionerof Customs and his subordinates with respect to the collection ofnational internal revenue taxes on imported goods;
    (b) The headofthe appropriate government office and his subordinates with respect tothecollection of energy tax; and
    (c) Banksdulyaccredited by the Commissioner with respect to receipt of paymentsinternalrevenue taxes authorized to be made thru bank.
    Any officeroremployee of an authorized agent bank assigned to receive internalrevenuetax payments and transmit tax returns or documents to the Bureau ofInternalRevenue shall be subject to the same sanctions and penalties prescribedin Sections 269 and 270 of this Code.
    SEC.13. Authority of a Revenue Offices.- subject to the rules and regulations to be prescribed by theSecretaryof Finance, upon recommendation of the Commissioner, a Revenue Officerassigned to perform assessment functions in any district may, pursuantto a Letter of Authority issued by the Revenue Regional Director,examinetaxpayers within the jurisdiction of the district in order to collectthecorrect amount of tax, or to recommend the assessment of any deficiencytax due in the same manner that the said acts could have been performedby the Revenue Regional Director himself.
    SEC.14. Authority of Officers to Administer Oaths and Take Testimony.- The Commissioner, Deputy Commissioners, Service Chiefs, AssistantServiceChiefs, Revenue Regional Directors, Assistant Revenue RegionalDirectors,Chiefs and Assistant Chiefs of Divisions, Revenue District Officers,specialdeputies of the Commissioner, internal revenue officers and any otheremployeeof the Bureau thereunto especially deputized by the Commissioner shallhave the power to administer oaths and to take testimony in anyofficialmatter or investigation conducted by them regarding matters within thejurisdiction of the Bureau.
    SEC.15. Authority of Internal Revenue Officers to Make Arrests andSeizures.- The Commissioner, the Deputy Commissioners, the Revenue RegionalDirectors, the Revenue District Officers and other internal revenueofficersshall have authority to make arrests and seizures for the violation ofany penal law, rule or regulation administered by the Bureau ofInternalRevenue. Any person so arrested shall be forthwith brought before acourt,there to be dealt with according to law.
    SEC.16. Assignment of Internal Revenue Officers Involved in Excise TaxFunctionsto Establishments Where Articles subject to Excise Tax are Produced orKept.- The Commissioner shall employ, assign, or reassign internalrevenueofficers involved in excise tax functions, as often as the exigenciesofthe revenue service may require, to establishments or places wherearticlessubject to excise tax are produced or kept: Provided, That aninternalrevenue officer assigned to any such establishment shall in no casestayin his assignment for more than two (2) years, subject to rules andregulationsto be prescribed by the Secretary of Finance, upon recommendation oftheCommissioner.
    SEC.17. Assignment of Internal Revenue Officers and Other Employees toOtherDuties.- The Commissioner may, subject to the provisions of Section 16andthe laws on civil service, as well as the rules and regulations to beprescribedby the Secretary of Finance upon the recommendation of theCommissioner,assign or reassign internal revenue officers and employees of theBureauof Internal Revenue, without change in their official rank and salary,to other or special duties connected with the enforcement oradministrationof the revenue laws as the exigencies of the service may require: Provided,That internal revenue officers assigned to perform assessment orcollectionfunction shall not remain in the same assignment for more than three(3)years; Provided, further, That assignment of internal revenueofficersand employees of the Bureau to special duties shall not exceed one (1)year.
    SEC.18. Reports of Violation of Laws.- When an internal revenue officer discovers evidence of a violation ofthis Code or of any law, rule or regulations administered by the Bureauof Internal Revenue of such character as to warrant the institution ofcriminal proceedings, he shall immediately report the facts to theCommissionerthrough his immediate superior, giving the name and address of theoffenderand the names of the witnesses if possible: Provided, That inurgentcases, the Revenue Regional director or Revenue District Officer, asthecase may be, may send the report to the corresponding prosecutingofficerin the latter case, a copy of his report shall be sent to theCommissioner.
    SEC.19. Contents of Commissioner's Annual Report.- The Annual Report of the Commissioner shall contain detailedstatementsof the collections of the Bureau with specifications of the sources ofrevenue by type of tax, by manner of payment, by revenue region and byindustry group and its disbursements by classes of expenditures.

    In case theactualcollection exceeds or falls short of target as set in the annualnationalbudget by fifteen percent (15%) or more, the Commissioner shall explainthe reason for such excess or shortfall.

    SEC.20. Submission of Report and Pertinent Information by theCommissioner
    (A) Submissionof Pertinent Information to Congress. - The provision of Section270of thisCode to the contrary notwithstanding, the Commissioner shall, uponrequestofCongress and in aid of legislation, furnish its appropriate Committeepertinentinformation including but not limited to: industry audits, collectionperformancedata,status reports in criminal actions initiated against persons andtaxpayer'sreturns:Provided, however, That any return or return informationwhich canbe associatedwith, or otherwise identify, directly or indirectly, a particulartaxpayershall befurnished the appropriate Committee of Congress only when sitting inExecutiveSession Unless such taxpayer otherwise consents in writing to suchdisclosure.

    (B) ReporttoOversight Committee. - The Commissioner shall, with reference toSection204of this Code, submit to the Oversight Committee referred to in Section290 hereof,through the Chairmen of the Committee on Ways and Means of the SenateandHouseof Representatives, a report on the exercise of his powers pursuant tothe said section,every six (6) months of each calendar year.

SEC.21. Sources of Revenue.- The following taxes, fees and charges are deemed to be nationalinternalrevenue taxes:
(a) Income tax;
(b) Estate anddonor'staxes;
(c) Value-addedtax;
(d) Other percentagetaxes;
(e) Excise taxes;
(f) Documentarystamp taxes; and
(g) Such other taxesas are or hereafter may be imposed and collected by the Bureau ofInternal Revenue.

Backto Top - Backto Home - Backto Tax Index - Backto NIRC Index
Since19.07.98



Download

Philippine Laws

Other Resources

Law Library: News

National Internal Revenue Code Pdf Free Download Windows 10

Entertainment

National Internal Revenue Code Pdf Free Download Pdf

Copyright© : By chanrobles.comrediaz
Comments are closed.