Title
BIR Circular on Gift Acceptance and Transactions
Law
Bir Revenue Memorandum Circular No. 4-2001
Decision Date
Feb 12, 2001
Bureau of Internal Revenue officers and employees are strictly prohibited from engaging in official transactions with relatives of the Commissioner and from accepting gifts or valuable items from taxpayers, ensuring transparency and integrity in government dealings.
A

Ban on Acceptance of Gifts, Fees, or Valuable Items

  • BIR officers and employees must not accept fees, gifts, or other valuable items from taxpayers in connection with their official duties.
  • Exceptions are made for "moderate gifts" given for special circumstances such as birthdays, illnesses, marriages, Christmas celebrations, or birth of a child.
  • The value of each moderate gift must not exceed Two Thousand Five Hundred Pesos (Php 2,500.00).

Declaration and Disposal of Gifts Exceeding the Prescribed Value

  • Gifts exceeding Php 2,500 received on special occasions must be declared and turned over to the BIR Inspection Service.
  • A receipt will be issued in the name of the Taxpayer's Foundation, Inc., a private-sector foundation established for this purpose.
  • The gift is to be disposed of according to the bylaws of the Taxpayer's Foundation.
  • All gifts to the Commissioner and his staff on special occasions must be similarly declared and turned over regardless of value, with the same procedure for disposal.

Prohibition Against Soliciting or Accepting Anything of Monetary Value

  • Officers and employees are strictly prohibited from soliciting or accepting gifts, gratuities, favors, entertainment, loans, or anything of monetary value directly or indirectly.
  • This extends to any official functions, operations regulated by their office, or transactions affected by their office’s functions.

Penalties and Enforcement

  • Violators of the prohibitions herein will face liabilities under applicable Civil Service laws and the Anti-Graft and Corrupt Practices Act.
  • Strict compliance is mandated for all BIR officers and employees.
  • The circular must be widely disseminated among all concerned personnel to ensure awareness and adherence.

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