Law Summary
Application Filing and Distribution
- ATRIG applications for VAT purposes filed in duplicate with the Revenue District Office (RDO) overseeing the port of entry.
- For excise tax purposes, applications filed with the Excise Tax District Office (ETDO) where the importer is registered.
- Original application goes to RDO/ETDO; duplicate to importer/broker.
- Separate ATRIG application per importation, except for consolidated applications covering multiple bills of lading under same vessel and importer.
- Applications must be notarized, duly accomplished, signed, and bear the prescribed documentary stamp.
Registration Requirements and Validity
- Applications rejected if importer or broker is not registered with BIR.
- For excisable goods, a valid Permit to Operate as Importer for excise purposes is mandatory before acceptance.
ATRIG Form Usage and Distribution
- BIR Form No. 1918 used uniformly for excise and VAT purposes.
- Strict prohibition on reproductions or pro-forma ATRIGs.
- Prepared in triplicate: Original to Bureau of Customs, duplicate to issuing RDO/ETDO, triplicate to Business Intelligence Division.
- Excise tax ATRIG applications processed only by concerned Excise Tax District Offices.
Scope of ATRIG Issuance
- ATRIG required for all taxable and exempt excisable articles, raw materials, machinery, and equipment used in production.
- For VAT, ATRIG issued on VAT-exempt importations except those enumerated in specific BIR-BOC Circulars.
Processing Time and Inspection
- ATRIGs issued within one day if application is complete and no legal or factual taxability issues arise.
- Coordination with Bureau of Customs for ocular inspections or sampling when needed.
- Prior ocular inspection mandatory for imported automobiles to verify taxability and seating capacity.
Identification and Classification Codes on ATRIG
- Codes added below ATRIG serial number include product or VAT code, year of issue, RDO number, and control number.
- Codes ensure uniform classification important for excise or VAT processing.
Handling Legal and Factual Issues
- Applications with taxability or exemption legal issues referred to Legal Division or Law Division for resolution.
- Requests requiring lab analysis referred to BIR Laboratory Unit for evaluation before legal referral.
- Laboratory analysis mandatory for alcohol, petroleum products, and others to verify classification.
- Certificates of Analysis or Material Safety Data Sheets may substitute lab analysis upon evaluation.
Stamp and Label Requirements
- Issuance of BIR strip stamps or labels on alcohol or tobacco only after proof of excise tax payment is submitted.
Restrictions on Post-Release ATRIG Issuance
- ATRIG cannot be issued if goods have been released from customs prior to ATRIG issuance, merely to complete documentation.
Delivery Supervision and Coordination
- Issuing office must ensure excisable goods are delivered to importer’s premises.
- Assigned Revenue Officers supervise release from customs to destination.
- Proper coordination with Revenue Officers on Premises (ROOPs) prior to release to ensure monitoring.
Product and VAT Codes
- Fixed codes assigned for common categories such as AGRI (Agricultural), FERT (Fertilizers), ALCO (Alcohol), TOB (Tobacco), OIL (Petroleum), AUT (Automobiles), among others.
- ATRIG for machinery bear codes identical to products assembled or manufactured.
Recordkeeping and Reporting
- Issuing offices maintain ATRIG Registry Book logging all issued ATRIGs sequentially with detailed importer and shipment information.
- Individual ATRIG control cards maintained per importer summarizing all relevant data.
- Monthly summary reports sent to the National Office’s Business Intelligence Division including all ATRIGs issued and related importer information.
- Business Intelligence Division reconciles ATRIG data against customs data and reports findings to concerned offices for audit and monitoring.
ATRIG Form Stock Monitoring
- Accountable Officers maintain computer files to track ATRIG forms received, issued, and current stock, replacing manual stock cards.
- Handling and control of ATRIG forms regulated under existing revenue memorandum provisions.
Post-Audit and Compliance
- ATRIGs subject to random audit or review by authorized BIR offices.
- Strict compliance required; violations may lead to disciplinary action.
Procedural Steps for Processing ATRIG Applications
- Receiving Officer checks completeness and authenticity of application and supporting documents (commercial invoice, bill of lading, import entry, registration certificates, etc.).
- Verification of importer and broker registration in Integrated Tax System.
- Processing officer verifies taxability, existence of permits, and surety bonds; may require laboratory analysis or certification from regulatory bodies.
- Legal or factual issues referred to Legal Division or Laboratory Section as appropriate.
- Approved ATRIG prepared, approved, and duplicate filed sequentially.
- Coordination with importer on customs release details.
- Monthly submission of summary reports and triplicates to Business Intelligence Division.
Release and Supervision of Imported Articles
- Releasing Officer prepares transmittal letter to Bureau of Customs with original ATRIGs, posts information to registry.
- Authorized Revenue Officers supervise physical release of goods, verify tax payment proofs and proper labeling.
- Shipment monitored from customs warehouse to consignee’s business premises; discrepancies or deviations documented.
- Certificate of Supervision completed and signed by responsible persons at unloading.
- Written report submitted within two days of unloading.
Roles of Supporting BIR Divisions
- Legal Divisions resolve taxability issues and issue legal opinions within 24 hours.
- BIR Laboratory Section conducts testing and evaluation of imported goods for proper tax classification.
- Business Intelligence Division reviews monthly reports, reconciles with customs data, identifies discrepancies, and coordinates corrective action.
- Revenue Offices receiving feedback maintain databases and may impose penalties for non-compliance.
Transitory Provisions
- Until new Bureau structure is implemented, specific offices handle ATRIG processing and approval based on taxpayer classification and location.
- Monitoring and reportorial functions assigned to Audit Information and Tax Exemption Division and Field Operations Division.
Repealing Clause
- Previous inconsistent issuances repealed or amended accordingly.
Penalty Clause
- Mandatory strict compliance; violations subject to disciplinary action.
Effectivity
- The Order takes effect immediately upon issuance.