Question & AnswerQ&A (BIR REVENUE MEMORANDUM CIRCULAR NO. 46-99)
A surcharge equivalent to 25% of the amount due is imposed for failure to file any return and pay the tax due thereon on the date prescribed.
The 25% surcharge is imposed when the tax due as shown on the return is not paid on or before the prescribed date or when a deficiency tax assessment is not paid by the deadline indicated in the notice and demand.
No, the 25% surcharge is not imposed when computing for deficiency tax assessments.
Civil penalties consist of a 25% surcharge plus 20% interest per annum computed from the due date of the tax until the date of payment.
Interest is computed at 20% per annum, calculated from the due date of the tax to the date of payment, using a daily interest rate applied to the unpaid amount.
A surcharge of 50% plus 20% interest per annum applies to taxes not filed or paid due to willful neglect.
A 50% surcharge on the deficiency tax plus 20% interest per annum applies in cases of fraudulent or false returns.
A 25% surcharge on the tax due is imposed if the return is filed through an internal revenue officer other than those authorized, unless authorized by the Commissioner.
A 25% surcharge is imposed on the amount of the deficiency tax plus 20% interest per annum for the period from the deadline of payment to the actual payment date.
If the payment schedule is duly authorized before the original due date, no 25% surcharge is imposed, but 20% interest per annum is computed on the unpaid balance until fully paid.
No, the compromise penalty may only be suggested and settled extra-judicially with the taxpayer's consent; it cannot be imposed without agreement.
The provisions became effective on January 1, 1998.
The taxpayer is liable for a 25% surcharge plus 20% interest per annum on the unpaid amount from the due date until payment.
All criminal violations may be compromised except those already filed in court or those involving fraud.