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PRESIDENTIAL DECREE NO. 161
PRESIDENTIAL DECREE NO. 161
- FURTHER AMENDING PARAGRAPHS 1 AND 2 OF PRESIDENTIAL DECREE NO. 23, AS
AMENDED
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chanroblesvirtualawlibrary
WHEREAS,
the response to Presidential Decree No. 23 is observed to be gaining
unexpected momentum, thereby placing the taxpayers concerned under
pressure to beat the deadline prescribed for the filing of the tax
amnesty return;chanroblesvirtualawlibrary
WHEREAS, in order to afford the taxpayers the opportunity to rectify
any error that they might commit in their returns on account of such
pressure;chanroblesvirtualawlibrary
WHEREAS, the taxpayer may furthermore find difficulty in raising the
necessary amount with which to pay the tax where the amount due is
quite big;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution as
Commander-in-Chief of all the Armed Forces of the Philippines, and
pursuant to Proclamation No. 1081, dated September 21, 1972, and
General Order No. 1, dated September 22, 1972, as amended, whereby I
have assumed direction of the operation of the entire Government, do
hereby declare and order that:cralaw:red
1. Subparagraph (b) of paragraph 1 of Presidential
Decree No. 23 is hereby amended to read as follows: chanroblesvirtualawlibrary
"b. The taxpayer must file a return with the
Commissioner of Internal Revenue on or before March 31, 1973, showing
such previously untaxed income and/or wealth; provided, however, That
should the taxpayer feel that he may not be able to file an accurate
return, he may file only a tentative return declaring partial untaxed
income and/or wealth and file later an amended return on or before June
30, 1973." chanroblesvirtualawlibrary
2. Paragraph 2 of Presidential Decree No. 23, as
amended by Presidential Decree No. 156, is hereby further amended to
read as follows:cralaw:red
"2. The tax imposed under paragraph 1, hereof, shall
be paid within the following period:cralaw:red
(a) If the amount does not exceed P10,000 the tax
must be paid at the time of the filing of notice and return but not
later than March 31, 1973;chanroblesvirtualawlibrary
(b) If the amount exceeds P10,000, but does not
exceed P50,000, the tax may be paid in two equal installments, the
first installment to be paid upon the filing of the return but not
later than March 31, 1973, and the second installment shall be paid on
or before June 30, 1973;chanroblesvirtualawlibrary
(c) If the amount exceeds P50,000 but does not exceed
P300,000, the tax may be paid in three equal installments, according to
the following schedule:cralaw:red
(1) The first installment shall be paid upon filing
of the return but not later than March 31, 1973;chanroblesvirtualawlibrary
(2) The second installment shall be paid on or before
June 30, 1973; and
(3) The third installment shall be paid on or before
October 1, 1973.
(d) If the amount exceeds P300,000, but does not
exceed P500,000, the tax may be paid in four equal installments,
according to the following schedule; chanroblesvirtualawlibrary
(1) The first installment shall be paid upon filing
of the return but not later than March 31, 1973;chanroblesvirtualawlibrary
(2) The second installment shall be paid on or before
June 30, 1973;chanroblesvirtualawlibrary
(3) The third installment shall be paid on or before
October 1, 1973; and
(4) The fourth installment shall be paid on or before
December 31, 1973. chanroblesvirtualawlibrary
(e) In meritorious cases and where the amount exceeds
P500,000, the Commissioner of Internal Revenue may grant extension of
time for the payment of the tax in equal installments but the last
installment shall be paid not later than June 29, 1974.
(f) Where an amended return is filed after March 31,
1973 but not later than June 30, 1973, the tax on the reported increase
of untaxed income and/or wealth shown in the amended return shall be at
13%. From the tax so computed, the amount paid upon filing of the
tentative return on or before March 31, 1973 shall be deducted, and the
balance shall be paid in accordance with the foregoing schedules if the
amount of the tax due is subject to installment payments.
(g) If any installment payment is not paid on the due
date of said installment, there shall be collected as part of the tax
interest upon such unpaid amount at the rate of 14% per annum from the
due date of the installment to the date of payment.
3. Paragraph 3 of Presidential Decree No. 23, as
amended by Presidential Decree No. 67, is further amended to read as
follows:cralaw:red
"3. After the tax imposed under this Decree shall
have been paid, the taxpayer shall not be subject to any investigation,
whether civil, criminal or administrative insofar as such previously
untaxed wealth and/or income is concerned and shall not be used as
evidence against, or to the prejudice of, the declarant in any
proceeding before any court of law or body, whether judicial,
quasi-judicial or administrative in which he is a defendant or
respondent, and such declaration shall not be examined, inquired or
looked into by any person, government official, bureau or office. It
shall be unlawful for any official or employee having knowledge of such
declaration to disclose to any person any information relative to such
declaration and any violation hereof shall subject the offender to an
imprisonment of not more than five (5) years."
Any revenue official who would inquire, question or attempt to inquire
into the tax amnesty return filed by any taxpayer shall be guilty of
grave misconduct for which he will be summarily dismissed from the
service.
Done in the City of Manila,
this 29th day of March, in the year of Our Lord, nineteen hundred and
seventy-three.
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