Purpose and policy of TIN use
- The TIN is recognized as a vital information for tracing a person’s taxable transactions under a computerized system of tax administration.
- Executive Order No. 52 is premised on the BIR’s initiative toward fully integrated computerization of tax administration.
- The order requires TIN indication to develop a BIR computerized database containing information needed for storage and ready accessibility for correct determination of taxpayers’ tax liability.
Persons and transactions covered by TIN indication
- Section 1 requires the BIR to require TIN indication in specified documents covering transactions involving:
- Sugar dealings (owner or seller of the sugar),
- Commercial shipment parties (shippers and consignees),
- Real property transaction parties (persons registered with the Registry of Deeds),
- Transportation equipment owners (by land, sea, or air),
- Building and civil works parties (owners and contractors),
- Other documents that may later be required by revenue regulations.
- Section 1(a) covers sugar quedans, refined sugar release order or similar instruments by reflecting the TIN of the owner or seller of the sugar.
- Section 1(b) covers domestic bills of lading by reflecting the TINs of the shippers and consignees of commercial value shipment.
- Section 1(c) covers documents registered with the Registry of Deeds by reflecting the TINs of persons who are parties to the real property transactions.
- Section 1(d) covers registration certificates by reflecting the TINs of owners of transportation equipment by land, sea or air.
- Section 1(e) covers building construction permits by reflecting the TINs of owners and contractors of buildings and civil works.
- Section 1(f) covers other documents that may later be required under revenue regulations promulgated by the Secretary of Finance.
Mandatory TIN indications: rule by document
- Section 1(a) requires TIN indication on sugar quedans, refined sugar release order or similar instruments reflecting the TIN of the owner or seller of the sugar.
- Section 1(b) requires TIN indication on domestic bills of lading reflecting the TINs of the shippers and consignees of commercial value shipment.
- Section 1(c) requires TIN indication on documents registered with the Registry of Deeds reflecting the TINs of persons who are parties to real property transactions.
- Section 1(d) requires TIN indication on registration certificates reflecting the TINs of owners of transportation equipment by land, sea or air.
- Section 1(e) requires TIN indication on building construction permits reflecting the TINs of owners and contractors of buildings and civil works.
- Section 1(f) requires TIN indication on other documents that may later be required through revenue regulations.
Enforcement, sanctions, and non-compliance
- Section 2 subjects any person who fails to comply with the requirements of Executive Order No. 52 to the appropriate sanctions under:
- the National Internal Revenue Code, and
- other pertinent laws and regulations.
- Section 2 expressly includes parties involved in the covered transactions and also includes the government functionary involved in monitoring or regulating the transactions.
Implementation procedures and coordination
- Section 3 requires the Department of Finance to enter into a Memorandum of Agreement with:
- the appropriate agency or instrumentality of the National Government, and
- local government units.
- Section 3 directs the Memorandum of Agreement to formulate procedures designed to ensure full compliance by those concerned with the TIN requirements.
Budget support for tax administration
- Section 4 requires the Secretary of the Department of Budget and Management to give preferential budgetary support to:
- the tax administration function of the BIR, and
- programs designed to improve the effectiveness of tax collection.
Revenue regulations and phased implementation
- Section 5 requires the Secretary of Finance to promulgate revenue regulations for implementing Executive Order No. 52.
- Section 5 requires the Secretary of Finance to act upon the recommendation of the Commissioner of Internal Revenue.
- Section 5 requires the regulations to provide for phase implementation of Executive Order No. 52.