Title
Supreme Court
Amendments to BIR Subpoena Duces Tecum Guidelines
Law
Bir Revenue Memorandum Order No. 8-2014
Decision Date
Jan 29, 2014
This memorandum amends the guidelines for issuing and enforcing Subpoenas Duces Tecum, streamlining the process for compliance and prosecution of non-compliance cases by specifying the roles of various revenue officers and establishing clear procedures for service and documentation.

Law Summary

Evaluation and Issuance Procedure for SDTs

  • The receiving official must evaluate the SDT request within two working days.
  • Possible actions include:
    • Returning the case for further documentation or action.
    • Preparing and signing the SDT in duplicate; original for service to the taxpayer, duplicate for the case docket.

Serial Number Assignment of SDTs

  • Each issued SDT will have a serial number placed at the upper right corner.
  • Format: Office Code - Year of Issuance - Series Number, starting at 01.
  • Office Codes follow those prescribed in existing issuances.

Service of SDTs

  • SDTs shall be personally served to the taxpayer at either:
    • The registered address.
    • Known addresses (business premises or residence).
  • Priority: serve at the registered address first before known addresses, or simultaneously to both.

Requirements for Proof of Service

  • The server must complete the acknowledgment section of the SDT.
  • A written affidavit under oath must be submitted detailing:
    • The place, manner, and date of service.
    • Name of the receiving person (including barangay officials or courier companies).
    • Any other relevant information.
  • Postal registry receipts or courier official receipts serve as adequate proof of mailing and must be attached to the case docket.

Enforcement and Prosecution Procedures

  • If the taxpayer fails to submit or incompletely presents required books and records:
    • The issuing office forwards the case to the Prosecution Division (National Office) or Legal Division (Regional Office).
    • The assigned action lawyer must arrange a conference with concerned revenue officers within five working days after the deadline for SDT compliance.
  • Revenue officers shall collaborate with the lawyer to document evidence for criminal prosecution against the non-complying individual.

Effective Date

  • This Order is effective immediately upon issuance by the Commissioner of Internal Revenue.

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