Title
IR Comm'r's authority over large taxpayers' payments
Law
Republic Act No. 7646
Decision Date
Feb 24, 1993
Republic Act No. 7646 amends the National Internal Revenue Code to allow large taxpayers to pay their internal revenue taxes through collection officers or accredited banks, with separate venues designated for different regions, and imposes penalties for violations; it also includes changes to the receipts for payment made and the authority of the Commissioner to compromise, abate, and refund/credit taxes, with final assessments against large taxpayers requiring approval from the Secretary of Finance.
A

Definition of Large Taxpayer

  • A "large taxpayer" meets any of these criteria based on the preceding taxable year:
    1. VAT paid or payable of at least ₱100,000 per quarter.
    2. Excise tax paid or payable of at least ₱1,000,000 annually.
    3. Corporate income tax paid or payable of at least ₱1,000,000 annually.
    4. Withholding tax paid or remitted of at least ₱1,000,000 annually.
  • The Secretary of Finance may adjust or add criteria after considering economic factors such as inflation, business volume, wages, and employment.

Compliance and Penalties

  • Violations of the Commissioner's regulations regarding filing and payment locations for large taxpayers are subject to penalties under Section 248 of the National Internal Revenue Code.

Receipts for Tax Payments

  • The Commissioner, authorized representatives, or accredited banks must acknowledge payments by issuing receipts indicating the amount and tax account.
  • The form and manner of receipts are prescribed by the Commissioner.

Authority to Compromise Tax Payments

  • The Commissioner may compromise on tax payments under two grounds:
    a. When reasonable doubt exists regarding the claim's validity.
    b. When the taxpayer's financial condition clearly shows inability to pay.
  • For large taxpayers, compromises cannot be less than 50% of the tax due without Secretary of Finance approval.

Implementation and Effectivity

  • The Secretary of Finance, upon the Commissioner's recommendation, shall issue rules and regulations to enforce this Act effectively.
  • All inconsistent laws, orders, or issuances are repealed or amended.
  • The Act took effect immediately upon approval on February 24, 1993.

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