A
collection of Philippine laws, statutes and codes
not
included or cited in the main
indices
of
the
Chan Robles Virtual Law Library
PRESIDENTIAL DECREE NO. 1942
PRESIDENTIAL DECREE NO. 1942
- AMENDING SectionS 216 AND 220-A OF THE NATIONAL INTERNAL REVENUE
CODE, AS AMENDED, TO INCREASE THE VALUE OF THE MERCHANDISE OR SERVICE
RENDERED WHERE ISSUANCE OF INVOICES OR RECEIPTS IS REQUIRED AND
MODIFYING THE PENALTIES IMPOSED FOR VIOLATIONS CONNECTED WITH THE
ISSUANCE OR PRINTING THEREOF
|
chanroblesvirtualawlibrary
WHEREAS,
the present law in Sec. 216 of the National Internal Revenue Code,
requires the issuance of sales invoices and receipts for merchandise or
services worth five pesos (P5.00) or more, subject to the imposition of
fine and imprisonment in case of violation, under Sec. 220-A thereof;chanroblesvirtualawlibrary
WHEREAS, considering the depreciation of the currency, said requirement
has now become obsolete coupled with the fact that the penalty
prescribed is quite stiff;chanroblesvirtualawlibrary
WHEREAS, in order to encourage cooperation of taxpayers thru voluntary
tax compliance, it is deemed fit and proper to change the present
requirement so as to increase the mandatory amount to a more realistic
level as well as to modify the existing penalties for violation;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
order and decree the following:cralaw:red
Section 1. Section 216 of the National Internal
Revenue Code is amended to read as follows:cralaw:red
"Sec. 216. Persons subject to tax to issue receipts
or sales or commercial invoices; contents of registered receipts or
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 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, that in the case of sales, receipts of
transfers in the amount of one hundred pesos or more, or regardless of
amount, where the sale or transfer is made by producers, manufacturers,
importers, wholesalers, or, where the receipt is issued to cover
payment made as rentals, commissions, compensations or fees, the
receipts or invoices shall further show the name, business style, if
any, and address of the purchaser, customer, or client. 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 five years from the date
of the invoice or receipt, while the duplicate shall be kept and
preserved by the issuer, also in his place of business, for a like
period: Provided, that persons subject to tax, whose gross sales,
earnings or receipts during the last preceding year exceed thirty
thousand pesos shall, for each sale or transaction, issue a receipt or
an invoice, irrespective of the value of the article sold or service
rendered.
The Commissioner of Internal Revenue may, in meritorious cases, exempt
any person subject to an internal revenue tax from compliance with the
provisions of this section. In any event, market vendors selling
exclusively domestic meat, fruits, vegetables, games, poultry, fish and
other food products are hereby exempted from the provisions of this
section. chanroblesvirtualawlibrary
The provisions of this section, together with the penal provisions in
Presidential Decree No. 1254, shall be posted in a prominent place in
the establishment covered by the requirement thereof."
Section 2. Section 220-A of the National Internal
Revenue Code is amended to read as follows:cralaw:red
"Sec. 220-A. Failure or refusal to issue receipts or
sales or commercial invoices; violations related to the printing of
such receipts or invoices and other violations. — Any person who, being
required under Section 216 to issue receipts or sales or commercial
invoices, fails or refuses to issue such receipts or invoices, issues
receipts or invoices that do not truly reflect and/or contain all the
information required to be shown therein, possesses or uses
unregistered receipts or invoices, possesses or uses multiple or double
receipts or invoices shall be penalized as follows:cralaw:red
(a) For the First Offense — A fine of not less than
one thousand pesos but not more than two thousand pesos or imprisonment
of not more than six months;chanroblesvirtualawlibrary
(b) For the Second Offense — A fine of not less than
two thousand pesos but not more than three thousand pesos or
imprisonment of not less than six months but not more than three years;chanroblesvirtualawlibrary
(c) For Subsequent Offenses — A fine of not less
than three thousand pesos nor more than six thousand pesos or
imprisonment of not less than three years but not more than six years,
and cancellation of license to do business. chanroblesvirtualawlibrary
The criminal liability arising from third and subsequent offenses
cannot be compromised.
"Any person who commits any of the acts enumerated hereunder shall be
penalized in the same manner and to the same extent as provided for in
this Section:cralaw:red
"1. Prints, causes,ds or abets the printing of
receipts or sales or commercial invoices without authorization from the
Bureau of Internal Revenue;chanroblesvirtualawlibrary
"2. Prints, causes,ds or abets the printing of
double or multiple sets of invoices or receipts;chanroblesvirtualawlibrary
"3. Prints, causes,ds, or abets the printing of
unnumbered receipts or sales or commercial invoices or not bearing the
name, business style, taxpayer account number, and business address of
the person or entity to use the same;chanroblesvirtualawlibrary
"4. Fails to submit the quarterly report required in
Section 216-A.
IN THE CASE OF THIRD AND SUBSEQUENT OFFENSES, 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, he shall, in addition to the penalties
prescribed herein, be dismissed from the public service and perpetually
disqualified from holding any public office. In the case of
associations, partnerships, or corporations, the penalty shall be
imposed upon its partners, president, general manager, branch manager
and/or officer-in-charge as well as the employee responsible for the
violation.
"In any case, the employer shall be liable for the act or omission of
the employee.
"A professional found guilty of any of the violations penalized under
the provisions of this Section shall, aside from being meted the
penalties herein imposed, be reported to the Professional Regulation
Commission or the proper regulatory body for disciplinary action which
may include suspension or absolute revocation of his license to
practice his profession."
Section 3. All laws, rules and regulations
inconsistent herewith are hereby repealed or amended accordingly.
Section 4. This law shall take effect
immediately. chanroblesvirtualawlibrary
Done in the City of Manila,
this 27th day of June in the Year of Our Lord, nineteen hundred and
eighty-four.
|
Back
to Home
- Back
to Main
chanroblesvirtuallawlibrary
Since 19.07.98
|