Authority, legal basis, and implementation link
- Section 1 directs government agencies and GOCCs/LGUs to incorporate the TIN in forms, permits, licenses, clearances, official papers, and documents they issue.
- The TIN is anchored in Section 236(J) of the National Internal Revenue Code, which prescribes TIN for all taxpayers.
- Section 6 empowers the Secretary of Finance, upon the recommendation of the Commissioner of Internal Revenue, to promulgate rules and regulations for effective implementation.
- Section 6 also states that the absence of implementing regulations does not exempt any government agency from complying.
Policy purpose and intended outcomes
- The Order requires TIN use to enable tracing of persons’ taxable transactions under a computerized system of tax administration.
- The Order aims to enhance revenue collection to finance growing infrastructure requirements and support poverty alleviation projects.
- The Order seeks to improve tax monitoring and increase compliance with tax laws through mandatory TIN inclusion in government applications.
- The Order requires uniform observance by all government agencies to carry out its purposes.
Definition of TIN use in government dealings
- Section 1 requires incorporation of the TIN as part of essential requirements in applications for government permits, licenses, clearances, official papers, and documents.
- Section 3 recognizes a valid TIN card as sufficient for identification in all official dealings with the government.
- Section 4 establishes that the TIN serves as the common secondary reference index among government agencies.
- Section 4 further requires computerized agencies to encode the TIN in official records and transmit it electronically to revenue authorities as required by law or regulations.
Coverage: who must comply and what must include TIN
- Section 1 directs all government agencies and instrumentalities, including GOCCs, and all LGUs to incorporate the TIN in issued documents.
- Section 1 applies to transactions with the public for persons transacting business with government, whether natural or juridical.
- Section 2 requires procedures ensuring permits, licenses, and clearances are not issued to persons or entities without a duly issued TIN “whenever possible” and “where applicable.”
- Section 2 requires procedures giving priority or preferential action to persons with a TIN or valid TIN cards in transactions with government offices.
Operational requirements for BIR and TIN cards
- Section 3 directs the Bureau of Internal Revenue (BIR) to assign a permanent TIN.
- Section 3 requires the BIR to supply permanent TIN cards to all taxpayers within two (2) years from April 28, 1999.
- For identification in official dealings, Section 3 provides that a valid TIN card produced by a person is sufficient.
- Section 3 provides that, for purposes of this Executive Order, a person still without a TIN or TIN card may present an application for registration using BIR Form 1901/1902/1903 that is duly stamped by the BIR.
Common reference and electronic transmission
- Section 4 requires the TIN to function as the common secondary reference index in official transactions with the public.
- For computerized agencies, Section 4 requires the TIN to be part of data encoded in official records.
- Section 4 requires computerized agencies to transmit the encoded TIN data electronically to revenue authorities as may be required by law or regulations.
Enforcement and sanctions for non-compliance
- Section 5 subjects failure to comply with the TIN requirements to appropriate sanctions under the National Internal Revenue Code and other pertinent laws and regulations.
- Section 5 covers not only the person failing to comply, but also the parties involved in transactions where a TIN is prescribed.
- Section 5 also covers the government functionary involved in monitoring or regulating these transactions.
Rules on budgeting support and implementing regulations
- Section 7 requires the Secretary of the Department of Budget and Management to give preferential budgetary support to the Bureau of Internal Revenue.
- Section 7 ties the preferential budgetary support to enabling BIR to accomplish the objective of supplying permanent TIN cards to all taxpayers.
- Section 6 authorizes rules and regulations for implementation through the Secretary of Finance and the Commissioner of Internal Revenue recommendation.
- Section 6 ensures agencies remain bound by compliance even if implementing regulations have not been issued.