Title
BIR Reg. No. 3-91 Deficiency Interest Rates
Law
Bir Revenue Regulations No. 3-91
Decision Date
Jan 24, 1991
BIR Revenue Regulations No. 3-91 establishes a deficiency and delinquency interest rate on unpaid taxes, mandating a minimum of 20% per annum or the higher Manila Reference Rate, effective March 4, 1991.
A

Interest Rate on Unpaid Taxes

  • Interest shall be assessed from the tax payment due date until full payment.
  • The interest rate shall be the higher of 20% per annum or the prevailing Manila Reference Rate (MRR), updated monthly by the Central Bank.
  • The applicable MRR is determined at the time of payment; if payment is between months, the previous month's MRR applies.

Deficiency Interest

  • Applies when any tax amount, installment, or part thereof is unpaid by the prescribed date.
  • Interest accrues from the prescribed payment date until paid, at the rate specified (20% or prevailing MRR).

Delinquency Interest

  • Assessed when failure to pay occurs on the due date stated in the Commissioner’s notice and demand.
  • Covers tax due on returns, taxes with no required returns, deficiency taxes, surcharges, and interest.
  • Interest accrues at the prescribed rate until full payment is made.

Interest on Extended or Installment Payments

  • When taxpayers pay under installment or are granted payment extensions but fail to pay on time, interest is imposed.
  • Interest accrues from the Commissioner’s notice and demand date until full payment at the prescribed rates.

Computation Examples of Deficiency Interest

  • Deficiency tax example: P100,000 basic tax plus 25% surcharge, total basis for interest computation is P125,000.
  • Interest calculated using either 20% or prevailing MRR, whichever is higher, applied for specific periods.
  • Illustrative cases show interest computations varying by payment dates and MRR values.
  • Interest rates may exceed 20%; when MRR is lower, interest defaults to 20%, otherwise MRR is used.

Delinquency Interest Computation Example

  • If deficiency tax is unpaid on the due date, delinquency interest applies on the total amount due including surcharge.
  • Interest is computed at the MRR prevailing after the due date until payment.

Repealing Clause

  • All prior inconsistent regulations, rulings, or orders are revoked.

Effectivity

  • These regulations became effective on March 4, 1991.

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