Law Summary
Electronic Storage System Requirements
- Electronic storage systems used for preserving accounting records must ensure accurate and complete transfer of hardcopy images.
- Must index, store, preserve, retrieve, and reproduce electronic images of books and accounting records.
- Must have controls ensuring integrity, accuracy, and reliability preventing unauthorized alterations or deterioration.
- Must include inspection and quality assurance through regular evaluations and periodic checks.
- Must have a retrieval system with an indexing mechanism.
- Must allow reproduction of legible and readable hardcopies.
- "Legibility" requires letters and numbers to be easily and positively identifiable; "Readability" means words and numbers are recognizable as complete entities.
- Taxpayers must maintain descriptions of the electronic system and indexing system, and make these available to the Bureau of Internal Revenue upon request.
- An "indexing system" enables identification and retrieval of stored records, akin to a traditional filing system; separate databases for indexing are optional if equivalent functionality exists.
- Controls are required to protect the indexing system from unauthorized changes.
Testing of Electronic Storage Systems by Revenue Authorities
- The Revenue District Office may conduct periodic tests of taxpayers' electronic storage systems.
- Tests may include evaluation of equipment, software, procedures, internal controls, security, and documentation.
- Taxpayers must be informed of test results within three days after the test concludes.
- Failure to inform results may result in administrative liability for the Revenue Officer.
- Taxpayers may appeal adverse findings to the Regional Director within 10 days.
- The Regional Director shall resolve appeals within 30 days.
- Tests are distinct from formal examinations or inspections for tax liability determination.
- Non-compliant electronic storage systems require taxpayers to retain original hardcopies.
Repealing Clause
- Internal revenue issuances or rulings inconsistent with these regulations are amended or revoked.
Effectivity
- These regulations will take effect 15 days after publication in at least two newspapers of general circulation.