QuestionsQuestions (Republic Act No. 7642)
It adds Section 252(e) to the NIRC, requiring that the fine for any violation shall not be lower than the prescribed fine or twice the amount of taxes, interests, and surcharges due—whichever is higher.
Upon conviction, the offender shall be fined not less than PHP 30,000 but not more than PHP 100,000 and imprisoned not less than 2 years but not more than 4 years, in addition to other penalties provided by law.
Any person who attempts to make it appear that a return/statement was filed (or actually files one) and then withdraws it after securing the receiving seal/stamp, shall be fined not less than PHP 10,000 but not more than PHP 20,000 and imprisoned not less than 1 year but not more than 3 years.
It provides that, aside from penalties on responsible corporate officers/partners/employees, the corporation may also be fined not less than PHP 50,000 but not more than PHP 100,000 for each act or omission.
Willfully falsifying a report/statement bearing on an examination or audit; or certifying financial statements containing an essential misstatement/omission regarding the client’s transactions, taxable income, deductions, or exemptions.
Upon conviction for each act or omission, the penalty is a fine of not less than PHP 30,000 but not more than PHP 50,000 and imprisonment not less than 2 years but not more than 6 years.
Knowingly making false entries or entering false or fictitious names; keeping two or more sets of records/books; and other acts/omissions violating Section 256.
Carrying on a business for which a privilege tax is imposed without paying the tax as required by law—punished with a fine (PHP 5,000–20,000) and imprisonment (6 months–2 years).
For such businesses, upon conviction for each act or omission, the fine is PHP 30,000–50,000 and imprisonment is 2–4 years.
Knowingly undertaking collection of foreign payments under Section 60 without a license or without complying with implementing regulations—punished with a fine PHP 20,000–50,000 and imprisonment 1–2 years.
It provides graduated penalties: (1) PHP 1,000–2,000 and 60–100 days if value does not exceed PHP 1,000; (2) PHP 10,000–20,000 and 2–4 years if value exceeds PHP 1,000 but not over PHP 50,000; (3) PHP 30,000–60,000 and 4–6 years if value exceeds PHP 50,000 but not over PHP 150,000; (4) PHP 50,000–100,000 and 10–12 years if value exceeds PHP 150,000.
A fine of not less than ten times the amount of excise tax due (and not less than PHP 500) and imprisonment of not less than 2 years but not more than 4 years.
A manufacturer/owner/person in charge who removes or allows unlawful removal of articles from production or bonded warehouse when excise tax is unpaid, as well as anyone who knowingly aids/abets removal or conceals the articles after illegal removal—punished for the first offense with a fine not less than ten times the excise tax due (and not less than PHP 1,000) plus imprisonment of 1–2 years.
It prohibits unauthorized making/importing/selling/using/possessing dies, erasing/alters cancellation marks, possessing counterfeit/altered stamps, selling packages with fraudulent stamps, and dealing with containers on which stamps are not completely destroyed. Penalty range: fine PHP 20,000–50,000 and imprisonment PHP 4–8 years.
Neglecting to appear when duly summoned to testify/produce books/records/papers or furnish required information—punished with a fine PHP 5,000–10,000 and imprisonment 1–2 years.
It imposes heavier penalties: fine PHP 50,000–100,000 and imprisonment 10–15 years, plus additional penalty of perpetual disqualification to hold public office, vote, and participate in public elections.
Examples include (1) extortion or willful oppression through use of office; (2) conspiring/colluding to defraud the revenues or otherwise violate the NIRC; also includes demanding unauthorized sums or unlawfully accepting payment for compromise/settlement without legal authority.