Title
Definition of Deposit Substitutes Clarified
Law
Bir Revenue Memorandum Circular No. 16-2009
Decision Date
Feb 9, 2009
The BIR clarifies that "deposit substitutes" encompass various debt instruments used for public fund acquisition, excluding interbank call loans with short maturities, to enhance compliance with Revenue Regulations No. 8-2008.
A

Instruments Included as Deposit Substitutes

  • Deposit substitutes may include various instruments described under Section 22 (Y) of the National Internal Revenue Code of 1997, as amended.
  • Examples of such instruments include:
    • Bankers’ acceptances
    • Promissory notes
    • Repurchase agreements (including reverse repurchase agreements between the Bangko Sentral ng Pilipinas (BSP) and authorized agent banks)
    • Certificates of assignment or participation
    • Similar instruments with recourse

Exemptions from Classification as Deposit Substitutes

  • Debt instruments issued for interbank call loans with a maturity not exceeding five (5) days are exempt from being considered deposit substitutes.
  • This exemption covers loans to cover deficiencies in reserves against deposit liabilities.
  • The exemption explicitly includes transactions between or among banks and quasi-banks.

Directive to Revenue Officers

  • All internal revenue officers are instructed to disseminate this Circular widely to ensure awareness and compliance.

Authority and Adoption

  • The Circular was adopted on February 9, 2009.
  • Signed by Sixto S. Esquivias IV, Commissioner of Internal Revenue.

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