Title
Timely Tax Payment for Gov't Contracts
Law
Executive Order No. 398
Decision Date
Jan 12, 2005
President Gloria Macapagal-Arroyo's Executive Order No. 398 required individuals and companies entering into contracts with the Philippine government to submit tax documents and certify their tax clearance, aiming to ensure timely and complete tax payments and improve government revenue. The order also mandated government entities to include tax payment stipulations in contracts and regularly furnish the Bureau of Internal Revenue with information on private contracting parties.

Policy purpose and governance goal

  • The Executive Order directs timely and complete tax payment to support good governance and the expeditious implementation of development projects and basic services (WHEREAS clauses).
  • It recognizes that raising government revenue through the timely and complete payment of taxes improves and upgrades efficiency in delivering basic goods and services (WHEREAS clauses).
  • It ensures private contractors benefit from a stable source of funds funded by taxes needed to compensate them (WHEREAS clauses).
  • It requires government vigilance in dealings with private contracting parties to ensure public service delivery (WHEREAS clauses).

Coverage: who must comply

  • The requirements apply to all persons, natural or juridical, local or foreign that desire to enter into or participate in any contract with government (Section 1).
  • The requirements apply to contracts with the government, including its departments, bureaus, offices and agencies (Section 1).
  • The Executive Order covers contracts involving state universities and colleges, government-owned and/or controlled corporations, and government financial institutions (Section 1).
  • The Executive Order also covers contracts with local government units (Section 1).
  • Government offices covered by the compliance, certification, contract-stipulation, and reporting duties include the same set of entities (Sections 2, 3, 4).

Prequalification and tax documents

  • Contract entrants must, as a pre-condition, submit with their proposal and/or bid a copy of the latest income and business tax returns that are duly stamped and received by the Bureau of Internal Revenue and duly validated with the tax payments made thereon (Section 1).
  • Contract entrants must also submit a tax clearance from the Bureau of Internal Revenue proving full and timely payment of taxes (Section 1).

Government verification and contractor oath

  • Before entering into a contract, government entities must exert all efforts to determine that the private contracting party is free and clear of all tax liabilities to the government (Section 2).
  • Before entering into a contract, the private contracting party must certify under oath, through its responsible officer(s), that it is free and clear of all tax liabilities to the government (Section 2).

Continuing obligation built into contracts

  • All government contracts must include a stipulation requiring the private contracting party to pay taxes in full and on time (Section 3).
  • Contract failure to pay taxes in full and on time must entitle the government to suspend payment for any goods or services delivered by the private contracting party (Section 3).
  • All government contracts must also include a stipulation requiring the private contracting party to regularly present, during the contract duration, a Bureau of Internal Revenue tax clearance and a copy of its income and business tax returns that are duly stamped and received by the Bureau of Internal Revenue and duly validated with the tax payments made thereon (Section 3).

Reporting to the Bureau of Internal Revenue

  • Government entities must regularly furnish the Bureau of Internal Revenue with the names of private contracting parties they have contracted with (Section 4).
  • Government entities must also furnish the amount of payments made to those private contracting parties (Section 4).
  • The reporting is required to enable the Bureau of Internal Revenue to scrutinize full and timely payment of taxes (Section 4).

Implementing rules and revocation of inconsistent issuances

  • The Department of Finance must adopt operating guidelines necessary to implement the Executive Order (Section 5).
  • Inconsistent executive issuances, rules and regulations, or parts thereof are revoked, amended, or modified accordingly (Section 6).

Effectivity timeline

  • The Executive Order becomes effective fifteen (15) days after publication in a newspaper of general circulation (Section 7).

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