Core policy on confidential information filing
- In handling confidential information and informer reward processing, responsible BIR offices must observe the policies and guidelines stated in this Order.
- Confidential information is investigated through the Special Investigation Division (SID) in the respective Revenue Region where the confidential information is filed.
- The case investigation runs through a chain of review and possible reassignment to ensure further investigation when thresholds are met.
- The processing and decision workflow applies in relation to implementing Revenue Regulations No. 16-2010.
Investigation threshold and case reassignment
- During the SID investigation of confidential information filed in the respective Revenue Region, a reassignment mechanism is triggered by the estimated tax liability result.
- If the SID determines that the denounced taxpayer’s estimated basic tax liability exceeds one million pesos (P1,000,000.00), the SID, through the Regional Director, must submit a progress report of the case to the Deputy Commissioner for Legal and Inspection Group.
- The Deputy Commissioner for Legal and Inspection Group may re-assign the case to the National Investigation Division for further investigation when warranted under the circumstances.
- The reassignment is tied specifically to cases where the estimated basic tax liability exceeds P1,000,000.00 based on the SID determination during investigation.
Reward claims: approval/denial routing
- The Order applies to claims for reward on cases investigated by the SID under Section 16 of Revenue Regulations No. 16-2010.
- For such reward claims, the recommendation for approval/denial forwarded by the Regional Director to the Deputy Commissioner for Legal and Inspection Group follows a defined review route.
- The Deputy Commissioner for Legal and Inspection Group may forward the recommendation to the Assistant Commissioner for Enforcement Service for further evaluation and review.
- The reward decision flow is thus structured to pass through Regional Director → Deputy Commissioner for Legal and Inspection Group → Assistant Commissioner for Enforcement Service (for further evaluation and review when forwarded).
Prospective application and transitory processing
- The provisions of Revenue Regulations (RR) No. 16-2010 are prospective in application.
- Confidential information filed prior to the effectivity of RR No. 16-2010 is processed under the law division procedure applicable to earlier cases.
- Claims for informers’ reward relevant to confidential information filed prior to the effectivity of RR No. 16-2010 are processed by the Law division pursuant to Revenue Administrative Order No. 11-2009.
- This transitory rule ensures continuity of processing for pre-effectivity confidential information and related reward claims.
Enforcement, penalties, and compliance rule
- Strict compliance with BIR Revenue Memorandum Order No. 46-2011 is required.
- Any violation of the Order constitutes an administrative infraction.
- The administrative penalty for violations is the corresponding penalty provided under the Updated Code of Conduct.
- The Order’s enforcement structure ties non-compliance to the Updated Code of Conduct penalty framework.
Repeal of inconsistent issuances; effectivity
- Any provision of any order and/or pertinent issuance that is inconsistent with BIR Revenue Memorandum Order No. 46-2011 is revoked, modified, or amended accordingly.
- The Order’s effectivity is immediate.
- The Commissioner of Internal Revenue signs the Order as KIM S. JACINTO-HENARES.