Law Summary
Definitions: RNAB and RRAB
Revenue National Accreditation Board (RNAB):
- BIR National Office body accrediting tax practitioners/agents representing clients before BIR.
- Composition: Deputy Commissioner (Chairman), one private sector representative nominated by private bodies, and three senior internal revenue officials.
Revenue Regional Accreditation Board (RRAB):
- BIR Regional Office counterpart accrediting tax practitioners/agents.
- Composition: Assistant Regional Director (Chairman), one private sector nominee from local PICPA, and three senior internal revenue officials.
- In absence of Assistant Regional Director, Regional Director acts as chairman.
Powers, Functions, and Jurisdiction of Accreditation Boards
- Handle applications for tax practice before BIR.
- Conduct accreditation, suspension, or dis-accreditation proceedings.
- Their decisions can be appealed to the Commissioner of Internal Revenue.
- Further appeal may be escalated to the Secretary of Finance with a 60-day resolution period.
- Absence of timely ruling by Secretary results in affirmation of the Commissioner’s decision.
Minimum Qualifications for Individual Tax Agents
- Must be a Certified Public Accountant (CPA) in good standing with a current PRC license.
- Required to complete at least six (6) hours per year or eighteen (18) hours over three years of CPE in taxation.
- CPE can be obtained through BIR or private institutions offering tax-related trainings/seminars.
Accreditation Procedures
- Applicants must file applications at designated offices with necessary supporting documents.
- Document requirements include:
- Registration and current license from BOA/PRC for CPAs or Attorney Roll number and MCLE Compliance Number for lawyers.
- Certificate of Membership in a recognized professional body.
- Certificate of Good Moral Character.
- For non-CPAs, transcript evidencing at least 18 units in accounting or taxation and CPE certification.
- Written undertaking to preserve audit working papers as prescribed under Section 235 of the NIRC.
- Processing fees apply as prescribed.
Effects of Accreditation
- Only accredited tax agents/practitioners and officers in partnerships or corporations can represent taxpayers before the BIR.
- Accredited tax practitioners must sign/certify relevant tax documents, including financial statements, bearing their accreditation details and tax identification numbers.
- BIR may refuse services to unaccredited practitioners and require accreditation details on official tax documents.
Renewal of Accreditation
- Renewal applications must be filed within 60 days prior to accreditation expiry.
- Additional documents required include:
- Valid government-issued ID (PRC, IBP)
- Current registration certificates and professional tax receipts or business permits.
- Certificates of membership and CPE compliance certificates.
- Expired certificate of accreditation and payment of registration fees.
- Alphalist of taxpayers audited in the past three years.
- Sworn statement on compliance with accreditation conditions.
- Income tax returns of previous two years.
- RNAB/RRAB will conduct random reviews of audited financial statements.
- Non-compliance may result in revocation or cancellation.
- Disqualified external auditors may re-apply after two years but face a maximum of two cancellations.
Repealing Clause and CPE Accreditation
- All inconsistent rules and regulations are amended or repealed.
- Accreditation of CPE providers/events is no longer required; only the curriculum of taxation seminars needs submission to RNAB.
- Processing fees for confirmation certificates for CPE units are abolished.
Effectivity
- Regulations take effect fifteen (15) days after publication in the Official Gazette or a newspaper of general circulation.