Title
BIR Rules on Confidential Info and Informer Rewards
Law
Bir Revenue Memorandum Order No. 46-2011
Decision Date
Dec 22, 2011
BIR Revenue Memorandum Order No. 46-2011 establishes the policies and procedures for filing confidential information, investigating related cases, and processing reward claims for informers, particularly when tax liabilities exceed one million pesos.
A

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.

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster, building context before diving into full texts. AI-powered analysis, always verify critical details.