QuestionsQuestions (BIR REVENUE REGULATIONS NO. 12-2011)
To ensure that owners/sub-lessors transact only with BIR-registered tenants, establish the procedure and required submissions of lessee information, and impose sanctions for noncompliance.
To ensure that the person intending to lease their commercial space is a BIR-registered taxpayer.
A Tax Identification Number (TIN), BIR Certificate of Registration, and duly registered receipts/sales or commercial invoices in compliance with Sections 236, 237, and 238 of the Tax Code.
Every 31 January (for tenants as of Dec 31 of the previous year) and every 31 July (for tenants as of June 30 of the current year).
To the BIR Revenue District Office (RDO) where the commercial establishment/building/space is located.
(1) Building/space layout with proper unit/space address or reference, (2) Certified True Copy of the Contract of Lease per tenant, and (3) Lessee Information Statement in the prescribed format (with hard and soft copies).
It includes owner/lessor name and TIN, address; tenant profile as of June 30 or Dec 31; location of building/space; and per tenant: location, name of tenant, total leased area, monthly rental, start of lease, duration/period, and BIR registration profile (floor/unit, TIN, authority to print number for OR/invoices, and POS/CRM permit if applicable).
For initial filing, it covers the tenant profile as of June 30 or Dec 31 (as applicable). For subsequent filing, it is categorized for (i) new tenants and (ii) terminated tenants, with relevant fields like date lease ended for terminated tenants.
They must monitor compliance, validate reported tenant registration profiles using the BIR Integrated Tax System (ITS), and forward the report to the RDO where the owner/sub-lessor is registered for database maintenance and future audits/investigation.
To verify the correctness of the tenant’s submitted TIN through the RDO.
Failure to submit the reportorial requirements, willful submission of false/falsified information, or knowingly transacting with tenants not duly registered with the BIR.
Section 255 of the National Internal Revenue Code (as quoted in the text), which penalizes willful failure to pay tax, make return, keep record, or supply correct and accurate information, with a fine and imprisonment upon conviction.
It references Section 267 on Declaration under Penalties of Perjury: statements required under the Code must be under penalties of perjury, and willfully filing false and incorrect information can lead to penalties for perjury under the Revised Penal Code.
The first filing covers tenants as of July 31, 2011.
On or before September 1, 2011: (1) building/space layout, (2) Certified True Copy of Lease Contract per tenant, and (3) Lessee Information Statement in the prescribed Excel format (printed copy and soft copy on CD-R), submitted under oath in hard and soft copies.
It took effect after fifteen (15) days following its publication in a newspaper of general circulation.