Title
Processing tax credit/refund for excess withholding
Law
Bir Revenue Memorandum Order No. 38-92
Decision Date
Sep 11, 1992
BIR Revenue Memorandum Order No. 38-92 outlines updated guidelines for processing tax credits and refunds of excess withholding tax and overpayment of individual income tax for 1991, emphasizing the responsibilities of employers and employees in documenting and claiming adjustments based on increased exemptions.
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Requirement of Authority to Accept Payment (ATAP)

  • Employers must require employees who have recomputed second installment payments to present a copy of their ATAP.
  • The ATAP confirms payment of the second installment and must be attached to the employee's income tax return submitted to the employer.

Handling Late Filed Refundable Returns

  • Refundable 1701A returns filed late are accepted by the Office of the Collection Officer.
  • Taxpayers must obtain ATAPs to pay penalties for late filing.
  • The validated ATAP is attached to the ITR and submitted to the employer to be included in the Amended Alpha List of Employees.

Employer Recomputations Without Employees' ITRs

  • Employers recomputing excess tax payments without employee ITRs will be assessed for under-remittance of tax payments in the month refunds/credits are made.

Stamping and Verification of Tax Returns

  • Recomputed 1701A returns must be stamped by employers with "RECOMPUTED UNDER RA 7167 FOR (HUSBAND/WIFE)".
  • Employers are responsible for procuring/preparing the necessary stamps.
  • Copies of employees' 1991 ITRs attached to the Amended Alpha List must be stamped "Verified from the Original Duplicate Copy" and signed by the employer.

Lost Income Tax Returns

  • Employees who lost their 1991 ITRs must secure a certified true copy from the Revenue District Office (RDO) where they filed their return.

Handling of Married Couples' Exemptions

  • Employers must require both husband and wife, if separately filing, to present both ITR copies to verify claims on additional exemptions for qualified dependents.
  • Only one spouse can claim the additional exemption for dependent children.
  • If both have claimed it, correction will be made during recomputation, and notes added to respective ITRs clarifying which spouse claimed it.

Claims by Employees Not Included in Employer Recomputations

  • Employees omitted from the recomputation and Amended Alpha List must file a written claim for refund.
  • This claim must include the employee's ITR and a certification from the employer confirming the omission.

Verification and Recomputations by RDO

  • The RDO verifies employee claims and ensures no prior recomputation was done by the employer.
  • RDO performs recomputation using Pre-Audit Sheets for 1701 returns as prescribed by annexed guidelines.
  • Pre-Audit Sheets are attached to recomputed returns and forwarded to the Tax Credit/Refund Division (TC/RD) for review.

Preparation of Tax Refund Notices (TRNs)

  • The Collection and Investigation Support Section (CISS) prepares TRNs based on reviewed Pre-Audit Sheets and supporting documents.
  • Taxpayers' ITRs involved must not have Document Locator Numbers (DLN).

Duties of the RDO Upon Receiving Amended Alpha Lists

  • Checks completeness of supporting documents and attached ITRs/ATAPs.
  • Verifies that refunds/credits are only made to employees with valid ITRs/ATAPs.
  • Validates exemption claims and mathematical accuracy of credits/refunds.
  • Assesses withholding agents for any unpaid collectible amounts due to under-withholding.
  • Reports the number and amount of assessments issued to the Withholding Tax Division by January 15, 1993.
  • Processes and transmits to TC/RD refundable ITRs filed after submission of Amended Alpha Lists and refund claims by former employees.

Amendments to Policies on Separated Employees and Refund Procedures

  • Separated employees who have new employers must submit their 1991 ITRs for recomputation to their current employer.
  • Employees no longer employed must file written claims for refund with certified ITR copies and withholding tax statements to RDO.
  • Employers may credit adjusted refundable amounts against future withholding starting September 1992 or refund immediately.
  • Amounts refunded by employers are to be repaid through reduced remittance in subsequent months until fully recovered.

Repealing Clause and Effectivity

  • This Revenue Memorandum Order repeals or amends all inconsistent prior issuances.
  • The Order takes effect immediately upon adoption on September 11, 1992.

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