TITLE IXCOMPLIANCE
REQUIREMENTSCHAPTER IIADMINISTRATIVE
PROVISIONS
SEC.
236. Registration Requirements. -
(A) Requirements.
-
Every person subject to any internal revenue tax shall register once
with
the appropriate Revenue District Officer:
(1) Within ten (10)
days from date of employment, or
(2) On or before the
commencement of business,or
(3) Before payment
of any tax due, or
(4) Upon filing of
a return, statement or declaration as required in this Code.
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.
A person maintaining
a head office, branch or facility shall register with the Revenue
District
Officer having jurisdiction over the head office, brand or facility.
For
purposes of this Section, the term "facility" may include but
not
be limited to sales outlets, places of production, warehouses or
storage
places.cralaw:red
(B) Annual Registration
Fee. -
An annual registration fee in the amount of Five hundred pesos (P500)
for
every separate or distinct establishment or place of business,
including
facility types where sales transactions occur, shall be paid upon
registration
and every year thereafter on or before the last day of January: Provided,
however, That cooperatives, individuals earning purely
compensation
income, whether locally or abroad, and overseas workers are not liable
to the registration fee herein imposed.cralaw:red
The registration fee
shall be paid to an authorized agent bank located within the revenue
district,
or to the Revenue Collection Officer, or duly authorized Treasurer of
the
city of municipality where each place of business or branch is
registered.cralaw:red
(C) Registration
of Each Type of Internal Revenue Tax. -
Every person who is required to register with the Bureau of Internal
Revenue
under Subsection (A) hereof, shall register each type of internal
revenue
tax for which he is obligated, shall file a return and shall pay such
taxes,
and shall updates such registration of any changes in accordance with
Subsection
(E) hereof.cralaw:red
(D) Transfer of
Registration. -
In case a registered person decides to transfer his place of business
or
his head office or branches, it shall be his duty to update his
registration
status by filing an application for registration information update in
the form prescribed therefor.cralaw:red
(E) Other Updates.
- Any
person registered in accordance with this Section shall, whenever
applicable,
update his registration information with the Revenue District Office
where
he is registered, specifying therein any change in type and other
taxpayer
details.cralaw:red
(F) Cancellation
of Registration. - The
registration of any person who ceases to be liable to a tax type shall
be cancelled upon filing with the Revenue District Office where he is
registered
an application for registration information update in a form prescribed
therefor.cralaw:red
(G) Persons Commencing
Business. -
Any person, who expects to realize gross sales or receipts subject to
value-added
tax in excess of the amount prescribed under Section 109(z) of this
Code
for the next 12-month period from the commencement of the business,
shall
register with the Revenue District Office which has jurisdiction over
the
head office or branch and shall pay the annual registration fee
prescribed
in Subsection (B) hereof.cralaw:red
(H) Persons Becoming
Liable to the Value-added Tax. -
Any person, whose gross sales or receipts in any 12-month period
exceeds
the amount prescribed under Subsection 109(z) of this Code for
exemption
from the value-added tax shall register in accordance with Subsection
(A)
hereof, and shall pay the annual registration fee prescribed within ten
(10) days after the end of the last month of that period, and shall be
liable to the value-added tax commencing from the first day of the
month
following his registration.cralaw:red
(I) Optional Registration
of Exempt Person. -
Any person whose transactions are exempt from value-added tax under
Section
109(z) of this Code; or any person whose transactions are exempt from
the
value-added tax under Section 109(a), (b), (c), and (d) of this Code,
who
opts to register as a VAT taxpayer with respect to his export sales
only,
may update his registration information in accordance with Subsection
(E)
hereof, not later than ten (10) days before the beginning of the
taxable
quarter and shall pay the annual registration fee prescribed in
Subsection
(B) hereof.cralaw:red
In any case, the Commissioner
may, for administrative reasons, deny any application for registration
including updates prescribed under Subsection (E) hereof.cralaw:red
For purposes of Title
IV of this Code, any person who has registered value-added tax as a tax
type in accordance with the provisions of Subsection (C) hereof shall
be
referred to as VAT-registered person who shall be assigned only one
Taxpayer
Identification Number.cralaw:red
(J) Supplying
of Taxpayer Identification Number (TIN). -
Any person required under the authority of this Code to make, render or
file a return, statement or other document shall be supplied with or
assigned
a Taxpayer Identification Number (TIN) which he shall indicate in such
return, statement or document filed with the Bureau of Internal Revenue
for his proper identification for tax purposes, and which he shall
indicate
in certain documents, such as, but not limited to the following:
(1) Sugar quedans,
refined sugar release order or similar instruments;
(2) Domestic bills
of lading;
(3) Documents to be
registered with the Register of Deeds of Assessor's Office;
(4) Registration
certificate
of transportation equipment by land, sea or air;
(5) Documents to be
registered with the Securities and Exchange Commission;
(6) Building
construction
permits;
(7) Application for
loan with banks, financial institutions, or other financial
intermediaries;
(8) Application for
mayor's permit;
(9) Application for
business license with the Department of Trade & Industry; and
(10) Such other
documents
which may hereafter be required under rules and regulationsto be promulgated by the Secretary of Finance, upon recommendation of
the
Commissioner.
In cases where a registered
taxpayer dies, the administrator or executor shall register the estate
of the decedent in accordance with Subsection (A) hereof and a new
Taxpayer
Identification Number (TIN) shall be supplied in accordance with the
provisions
of this Section.
In the case of a nonresident
decedent, the executor or administrator of the estate shall register
the
estate with the Revenue District Office where he is registered: Provided,
however, That in case such executor or administrator is not
registered,
registration of the estate shall be made with the Taxpayer
Identification
Number (TIN) supplied by the Revenue District Office having
jurisdiction
over his legal residence.cralaw:red
Only one Taxpayer identification
Number (TIN) shall be assigned to a taxpayer. Any person who shall
secure
more than one Taxpayer Identification Number shall be criminally liable
under the provision of Section 275 on 'Violation of Other Provisions of
this Code or Regulations in General'.
SEC.
237. Issuance of Receipts or Sales or Commercial Invoices. - All
persons
subject to an internal revenue tax shall, for each sale or transfer of
merchandise or for services rendered valued at Twenty-five pesos
(P25.00)
or more, issue duly registered receipts or sales or commercial
invoices,
prepared at least in duplicate, showing the date of transaction,
quantity,
unit cost and description of merchandise or nature of service: Provided,
however, That in the case of sales, receipts or transfers in the
amount
of One hundred pesos (P100.00) or more, or regardless of the amount,
where
the sale or transfer is made by a person liable to value-added tax to
another
person also liable to value-added tax; or where the receipt is issued
to
cover payment made as rentals, commissions, compensations or fees,
receipts
or invoices shall be issued which shall show the name, business style,
if any, and address of the purchaser, customer or client: Provided,
further, That where the purchaser is a VAT-registered person, in
addition
to the information herein required, the invoice or receipt shall
further
show the Taxpayer Identification Number (TIN) of the purchaser.cralaw:red
The original of each
receipt or invoice shall be issued to the purchaser, customer or client
at the time the transaction is effected, who, if engaged in business or
in the exercise of profession, shall keep and preserve the same in his
place of business for a period of three (3) years from the close of the
taxable year in which such invoice or receipt was issued, while the
duplicate
shall be kept and preserved by the issuer, also in his place of
business,
for a like period.cralaw:red
The Commissioner may,
in meritorious cases, exempt any person subject to internal revenue tax
from compliance with the provisions of this Section.
SEC.
238. Printing of Receipts or Sales or Commercial Invoices. -All
persons who are engaged in business shall secure from the Bureau of
Internal
Revenue an authority to print receipts or sales or commercial invoices
before a printer can print the same.cralaw:red
No authority to print
receipts or sales or commercial invoices shall be granted unless the
receipts
or invoices to be printed are serially numbered and shall show, among
other
things, the name, business style, Taxpayer Identification Number (TIN)
and business address of the person or entity to use the same, and such
other information that may be required by rules and regulations to be
promulgated
by the Secretary of Finance, upon recommendation of the Commissioner.cralaw:red
All persons who print
receipt or sales or commercial invoices shall maintain a
logbook/register
of taxpayers who availed of their printing services. The
logbook/register
shall contain the following information:
(1) Names, Taxpayer
Identification Numbers of the persons or entities for whom the receipts
or sales or commercial invoices were printed; and
(2) Number of
booklets,
number of sets per booklet, number of copies per set and the
serial numbers of the receipts or invoices in each booklet.
SEC.
239. Sign to be Exhibited by Distiller, Rectifier, Compounder,
Repacker
and Wholesale Liquor Dealer. -
Every person engaged in distilling or rectifying spirits, compounding
liquors,
repacking wines or distilled spirits, and every wholesale liquor dealer
shall keep conspicuously on the outside of his place of business a sign
exhibiting, in letters not less than six centimeters (6 cms.) high, his
name or firm style, with the words "Registered Distiller",
"Rectifier
of Spirits", "Compounder of Liquors", "Repacker of Wines or
Distilled
Spirits", or "Wholesale Liquor Dealer", as the case may be,
and his assessment number.
SEC.
240. Sign to be Exhibited by Manufacturer of Products of Tobacco. -Everymanufacturer of cigars, cigarettes or tobacco, and every wholesale
dealer in leaf tobacco or manufactured products of tobacco shall place
and keep on outside of the building wherein his business is carried on,
so that it can be distinctly seen, a sign stating his full name and
business
in letters not less than six centimeters (6 cms.) high and also giving
his assessment number.
SEC.
241. Exhibition of Certificate of Payment at Place of Business. -The
certificate
or receipts showing payment of taxes issued to a person engaged in a
business
subject to an annual registration fee shall be kept conspicuously
exhibited
in plain view in or at the place where the business is conducted; and
in
case of a peddler or other persons not having a fixed place of
business,
shall be kept in the possession of the holder thereof, subject to
production
upon demand of any internal revenue officer.
SEC.
242. Continuation of Business of Deceased Person. -
When any individual who has paid the annual registration fee dies, and
the same business is continued by the person or persons interested in
his
estate, no additional payment shall be required for the residue of the
term which the tax was paid: Provided, however, That the person
or persons interested in the estate should, within thirty (30) days
from
the death of the decedent, submit to the Bureau of Internal Revenue or
the regional or revenue District Office inventories of goods or stocks
had at the time of such death.
The requirement under
this Section shall also be applicable in the case of transfer of
ownership
or change of name of the business establishment.
SEC.
243. Removal of Business to Other Location. -
Any business for which the annual registration fee has been paid may,
subject
to the rules and regulations prescribed by the Secretary of Finance,
upon
recommendation of the Commissioner, be removed and continued in any
other
place without the payment of additional tax during the term for which
the
payment was made.