THENATIONAL INTERNAL REVENUE CODEOF THE PHILIPPINES[Tax Reform Act of 1997]Republic Act No. 8424AN ACT
AMENDING
THE NATIONAL INTERNAL REVENUE CODE, AS AMENDED, AND FOR
OTHER
PURPOSES
TITLE XSTATUTORY
OFFENSES AND PENALTIES
CHAPTER IADDITIONS
TO TAX
SEC.
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 collectedat 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 subdivisionsor instrumentalities, or a government-owned or controlled corporation,
the employeethereof responsible for the withholding and remittance of the tax shall
be personally liablefor the additions to the tax prescribed herein.
(c) the term "person",
as used in this Chapter, includes an officer or employee of a
corporationwho as such officer, employee or member is under a duty to perform the
act in respect ofwhich the violation occurs.
SEC.
248. Civil Penalties. -
(A) There shall be
imposed, in addition to the tax required to be paid, a penalty
equivalentto twenty-five percent (25%) of the amount due, in the following cases:
(1) Failure to file
any return and pay the tax due thereon as required under theprovisions of this Code or rules and regulations on the date
prescribed;
or
(2) Unless
otherwise
authorized by the Commissioner, filing a return with aninternal revenue officer other than those with whom the return is
required
to be filed; or
(3) Failure to pay
the deficiency tax within the time prescribed for its payment in thenotice of assessment; or
(4) Failure to pay
the full or part of the amount of tax shown on any return requiredto be filed under the provisions of this Code or rules and regulations,
or the fullamount of tax due for which no return is required to be filed, on or
before
thedate prescribed for its payment.
(B) In case of
willful
neglect to file the return within the period prescribed by this Code or
byrules and regulations, or in case a false or fraudulent return is
willfully
made, the penaltyto be imposed shall be fifty percent (50%) of the tax or of the
deficiency
tax, in case,any payment has been made on the basis of such return before the
discovery
of thefalsity or fraud: Provided, That a substantial underdeclaration
of taxable sales, receiptsor income, or a substantial overstatement of deductions, as determined
by theCommissioner pursuant to the rules and regulations to be promulgated by
the Secretaryof Finance, shall constitute prima facie evidence of a false or
fraudulent
return: Provided,further, That failure to report sales, receipts or income in an
amount
exceeding thirtypercent (30%) of that declared per return, and a claim of deductions in
an amountexceeding (30%) of actual deductions, shall render the taxpayer liable
for substantialunderdeclaration of sales, receipts or income or for overstatement of
deductions,
asmentioned herein.
SEC.
249. Interest. -
(A) In General.
-
There shall be assessed and collected on any unpaid amount of tax,
interest
at the rate of twenty percent (20%) per annum, or such higher rate as
may
be prescribed by rules and regulations, from the date prescribed for
payment
until the amount is fully paid.cralaw:red
(B) Deficiency
Interest. -
Any deficiency in the tax due, as the term is defined in this Code,
shall
be subject to the interest prescribed in Subsection (A) hereof, which
interest
shall be assessed and collected from the date prescribed for its
payment
until the full payment thereof.cralaw:red
(C) Delinquency
Interest. -
In case of failure to pay:
(1) The amount of the
tax due on any return to be filed, or
(2) The amount of the
tax due for which no return is required, or
(3) A deficiency tax,
or any surcharge or interest thereon on the due date appearing in thenotice and demand of the Commissioner, there shall be assessed and
collected
on theunpaid amount, interest at the rate prescribed in Subsection (A) hereof
until the amountis fully paid, which interest shall form part of the tax.
(D) Interest on Extended
Payment. -
If any person required to pay the tax is qualified and elects to pay
the
tax on installment under the provisions of this Code, but fails to pay
the tax or any installment hereof, or any part of such amount or
installment
on or before the date prescribed for its payment, or where the
Commissioner
has authorized an extension of time within which to pay a tax or a
deficiency
tax or any part thereof, there shall be assessed and collected interest
at the rate hereinabove prescribed on the tax or deficiency tax or any
part thereof unpaid from the date of notice and demand until it is paid.
SEC.
250. Failure to File Certain Information Returns. -In the case of each failure to file an information return,
statement
or list, or keep any record, or supply any information required by this
Code or by the Commissioner on the date prescribed therefor, unless it
is shown that such failure is due to reasonable cause and not to
willful
neglect, there shall, upon notice and demand by the Commissioner, be
paid
by the person failing to file, keep or supply the same, One thousand
pesos
(1,000) for each failure: Provided, however, That the aggregate
amount to be imposed for all such failures during a calendar year shall
not exceed Twenty-five thousand pesos (P25,000).
SEC.
251. Failure of a Withholding Agent to Collect and Remit Tax. -Any
person
required to withhold, account for, and remit any tax imposed by this
Code
or who willfully fails to withhold such tax, or account for and remit
such
tax, or aids or abets in any manner to evade any such tax or the
payment
thereof, shall, in addition to other penalties provided for under this
Chapter, be liable upon conviction to a penalty equal to the total
amount
of the tax not withheld, or not accounted for and remitted.
SEC.
252. Failure of a Withholding Agent to refund Excess Withholding
Tax.
-Any
employer/withholding agent who fails or refuses to refund excess
withholding
tax shall, in addition to the penalties provided in this Title, be
liable
to a penalty to the total amount of refunds which was not refunded to
the
employee resulting from any excess of the amount withheld over the tax
actually due on their return.
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