Revenue Memorandum Order No. 2-98
Issued January 21, 1998 prescribes the policies and guidelines to intensify the collection/settlement of delinquent accounts under Republic Act (RA) No. 8424, otherwise known as the Tax Reform Act of 1997. The Revenue Regional Approval Committee is authorized to settle, by way of compromise and/or abatement, delinquent accounts covering 1996 and prior taxable years, the basic taxes of which do not exceed P500,000. The collection in each case should not be lower than the prescribed minimum percentages, to wit: i) tax due per return - 100% of the basic tax; ii) second installment of income tax - 100% of the basic tax; and iii) other delinquent account cases - 50% of the basic tax. The same minimum percentages will apply to delinquent account cases with basic taxes exceeding P500,000. Dockets of said cases will be forwarded to the BIR Management Committee, for final approval.
Revenue Memorandum Order No. 4-98
Issued February 5, 1998 indicates the authorized signatories of checks, documents and papers on financial and administrative matters, specifically Disbursement Vouchers, Purchase Orders, Job Orders, contracts up to P50,000, Requisition and Issue Vouchers and other documents/papers which are administrative in nature and related to revenue accounting functions. The Chairmanship of the Pre-qualification, Bids and Awards Committee (PBAC), which devolves upon the Assistant Commissioner, Financial and Administrative Service under Revenue Special Order No. 1218-97, will now be exercised by the Assistant Commissioner, Administrative Service.
Revenue Memorandum Order No. 5-98
Issued February 6, 1998 prescribes the policies and procedures relative to the screening, selection and grant of scholarships under the Masteral Degree in Tax Management Program of the University of the Philippines in the Visayas, in accordance with the Civil Service Commission's Memorandum Circular No. 13, series of 1992. The said Program will be offered and implemented by the following UP Visayas units to serve the corresponding Revenue Regions (RRs): a) UP Visayas College of Management for RR No. 11, Iloilo City and RR No. 12, Bacolod City; b) UP Cebu College for RR No. 13, Cebu City; and c) UP Tacloban College for RR No. 14, Tacloban City. The obligations and responsibilities of the grantee and the counterpart support of the Bureau are specified in the Order.
Revenue Memorandum Order No. 9-98
Issued February 16, 1998 revises RMO No. 20-97 by prescribing additional policies, guidelines and procedures for the grant and revocation of access to identified users. This will vary based on the classification, as follows: a) Access to Inquire Function; b) Access to Update Function; c) Access to Approve Function; d) Access to View Function; and e) Access to View/Print Function. Regular access will be granted only to personnel after completion of the appropriate training relevant to ones functional role/designation. Temporary access and special access may also be granted under scenarios specified in the Order. The System Administrators of the ISOS and the Revenue Data Centers shall monitor the use of access privileges based on audit trails, and shall report any possible abuse or unauthorized entry into the ITS modules to the Assistant Commissioner, ISOS or RDC Head.
Revenue Memorandum Order No. 11-98
Issued February 17, 1998 prescribes the audit policies and procedures in the audit of 1996 and 1997 Value-Added Tax returns. The following order of priority will be used in the audit: a) returns with claims for VAT credit/refund; b) break-even VAT returns; c) VAT returns with excess tax credit for any or all of the four quarters; d) VAT returns with quarterly gross sales/receipts of P1,000,000 and above for revenue districts in Metro Manila covered by Revenue Region Nos. 5, 6, 7 and 8 (Valenzuela, Manila, Quezon City and Makati), except Revenue District Office Nos. 35 - Romblon, 36 - Puerto Princesa/Palawan and 37 - San Jose, Occidental Mindoro; and e) quarterly gross sales/receipts of P500,000 and above for all other RDOs, including RDO Nos. 35, 36 and 37. VAT returns selected for audit by the investigating divisions under the Enforcement Service and VAT returns of taxpayers who availed of the Voluntary Assessment Program (VAP) under RMO No. 63-97, as amended, are excluded from the coverage of the Order, except VAT returns of taxpayers who availed of the VAP but whose availments were found to be substantially deficient.
Revenue Memorandum Order No. 12-98
Issued February 17, 1998 prescribes the policies and procedures to implement the Audit Program for 1998 by specifying the coverage (mandatory and other priorities) as well as the exceptions to the Program. Letters of Authority (LA)/Audit Notices (AN) will be issued to cover 1996 and 1997 internal revenue tax returns. One LA/AN will be issued for each taxable year. All taxpayers selected for audit by the Revenue District Offices must be submitted in a list, through the Regional Director, to the Assistant Commissioner, Assessment Service, for approval before issuance of LAs/ANs.
Revenue Memorandum Order No. 14-98
Issued February 19, 1998 prescribes the policies and guidelines to implement Revenue Regulations No. 10-97 which designates the following government officials as withholding agents: a) all heads of offices and the Chief Accountants in departments, bureaus, agencies, instrumentalities, government-owned or -controlled corporations (GOCCs) and other government offices; b) the Provincial Treasurers and Governors in provinces; c) the City Treasurers and Mayors in cities; d) the Municipal Treasurers and Mayors in municipalities; and e) the Barangay Treasurers and Barangay Captains in barangays, together with their respective Chief Accountants. Said government officials are personally charged with the duty to withhold and remit taxes on compensation, expanded and final withholding taxes, as well as government money payments on value-added taxes and other percentage taxes, including franchise taxes. The names of the incumbents to said positions shall be submitted by the office concerned to the Commissioner of Internal Revenue, ATTN: The Revenue District Officer, within 30 days from receipt of notification. Any change of incumbents will have to be reported and the names of the replacements submitted within 10 days from date of change or replacement.
Revenue Memorandum Order No. 18-98
Issued February 25, 1998 prescribes the guidelines and procedures in the institutionalization of all projects under OPERATIONS, MOST and SPIRIT created under RMO No. 3-96. All functions and activities performed by the different transformation projects on an ad hoc basis will be transferred permanently to the appropriate Services of the Bureau, and will be included in their respective Statement of Functions. Transition will be for a period of one (1) month starting from February 25 up to March 25, 1998, except for systems which have not yet been fully accepted.
Revenue Memorandum Order No. 20-98
Issued March 4, 1998 prescribes the policies and procedures for monitoring and evaluating the performance of BIR offices vis-à-vis the eight (8) BIR Institutional Performance Measures (IPM). These IPMs are: (i) Tax Collected, (ii) Taxpayer Base Index, (iii) Customer Satisfaction Index, (iv) Process Vitality Index, (v) Tax Cost Index, (vi) Training Index, (vii) Employee Satisfaction Index and (viii) Information Quality Index. All Revenue District Officers (RDOs) and Division Chiefs are required to prepare their 1998 Performance Contract and 1998 Operational Plan based on the 1998 targets prescribed per IPM. In order to monitor the accomplishment of BIR offices, Performance Report per applicable IPM and Activity Report will also be prepared monthly. Evaluation of performance will be done through the preparation by the Assistant Commissioners of an Annual Performance Report per assigned IPM, which will be used as source document by the Planning Division in the computation of the Overall Grade of BIR offices.
Revenue Memorandum Order No. 25-98
Issued March 13, 1998 defines the policies for the amendment/clarification of RMO No. 8-98 relative to the Corporate Stock Documentary Stamp Tax (DST) Program. The deadline for the filing of BIR Form Nos. 2000 and 2000-A by existing corporations for Documentary Stamp Tax on subscribed shares of stock is extended until March 31, 1998. All existing corporations that have already paid their DST on issuances of subscribed shares of stock in full must file BIR Form No. 2000-A, together with the evidences of payment, with the Revenue District Office where the corporation is registered. In the event that none of the required evidences of payment can be submitted, the corporations may still file BIR Form 2000-A provided that a Sworn Statement attesting to the circumstances that led to the absence of any evidence of payment of DST is attached.
Revenue Memorandum Order No. 27-98
Issued March 25, 1998 prescribes the audit policies and procedures of the 1998 Enforcement Audit Program which covers 1996 and 1997 Income, Value-Added Tax, Percentage, Withholding and other tax returns and liabilities of the following sectors/industries: a) banks, insurance and other financial intermediaries; b) international carriers; c) telecommunication companies; d) pharmaceutical companies; e) top 1,500 large taxpayers as may be identified by the Large Taxpayers Division; f) Board of Investments, Export Development Authority and Philippine Export Zone Authority registered companies; g) exempt organizations pursuant to Sec. 30 of the Tax Code; h) SBMA and CDC enterprises; i) oil companies; j) breweries, distillers, rectifiers and compounders; k) cigarette manufacturers; l) cases covered by confidential information filed by informers; and m) tax fraud cases developed by the Tax Fraud Division and those elevated to it by the Regional Offices. All cases falling under said classification will be automatically excluded from the coverage of the 1998 Audit Program by the Assessment Service for Revenue District Offices. Taxpayers covered by the Enforcement Audit Program who availed of the Voluntary Assessment Program will not be included unless the availment was found to be substantially deficient by the Voluntary Assessment Program Committee.
Revenue Memorandum Order No. 31-98
Issued April 8, 1998 amends RMO No. 21-84 by defining the new composition of the Committee on Disposal of Specialized Accountable Forms in the Regional Offices. The Committee will now be composed of the following: a) the Assistant Regional Director, as Chairman; and b) Chiefs of the Finance Division and Administrative Division, as members. The BIR Regional Auditor and the Chief, Accountable Forms Division will be informed and requested to witness every disposal of obsolete, cancelled or spoiled specialized accountable forms in the Regional Offices. The Committee will proceed with the disposal of said accountable forms in accordance with the existing COA rules and regulations, except in the case of documentary stamps which will first undergo analysis by the BIR Laboratory in the National Office.
Revenue Memorandum Order No. 32-98
Issued April 16, 1998 prescribes the guidelines and procedures in the rollout of the Accountable Forms System (AFS) at the AFS Pilot and Non-Pilot Sites, as well as provides the manual procedures to be followed at the AFS Non-Pilot sites in handling request, allotment, issuance, transfer of location, physical inventory, disposal and reconciliation of accountable forms data.
Revenue Memorandum Order No. 35-98
Issued April 29, 1998 prescribes the policies, guidelines and procedures on the issuance of clearance (whether for the National Office, Regional Office or Revenue Data Center) of retiring officials, as well as those who resign or are affected by transfer, or are otherwise separated from the service. All BIR personnel are required to submit clearance for the following scenarios: a) automatic/optional retirement; b) resignation; c) death; d) transfer to another government agency; e) transfer by Travel Order; f) maternity leave; and g) vacation leave of 30 calendar days or more. The signatories for the clearances are specified in the Order.
Revenue Memorandum Order No. 39-98
Issued May 18, 1998 creates an Inspection and Acceptance Committee (IAC) in every Revenue Data Center (RDC) to be composed of the following: a) Head, Quality Assurance Department or his duly authorized representative, as Chairman; and b) Head, Administrative Department or his duly authorized representative and a representative of the requisitioning unit, as members. Functions to be performed by the IAC-RDC includes inspection and acceptance of all deliveries of the items shown in the Purchase Order, Letter Order/Contract/Job Order initiated at the RDC, among others.
Revenue Memorandum Order No. 44-98
Issued June 1, 1998 prescribes the policies and procedures relative to the security requirements of the BIR in the technical computing environment. The Order provides the guidelines in reporting and evaluating cases of security violations, the policies for the imposition of sanctions for such cases and the areas from which security violation(s) may arise. The penalties for infractions, classified as grave, less grave and light offenses, are likewise specified in the Order.
Revenue Memorandum Order No. 45-98
Issued June 3, 1998 prescribes the policies, guidelines and procedures on the availment of compromise and/or abatement of tax liabilities for assessment notices issued on or before April 30, 1998. The Revenue Regional Approval Committee created under RMO No. 45-93, with the Regional Director as its Chairman, is authorized to settle by way of compromise delinquent accounts covering 1997 and prior taxable years, the basic taxes of which DO NOT EXCEED FIVE HUNDRED THOUSAND PESOS (P500,000). Provided, that the collection in each case will not be lower than the minimum percentages prescribed in the Order, to wit: a) 50% of the basic tax for assessment notices issued before January 1, 1997, including assessment of P 5,000 and below and b) 100% of the basic tax for assessment notices issued from January 1, 1997 to April 30, 1998 and for preliminary assessment notices issued by Assessment Division of the Regional Office on or before April 30, 1998.
Revenue Memorandum Order No. 50-98
Issued June 16, 1998 implements the updated Code of Conduct for BIR officers and employees which supersedes the Code of Conduct for the Bureau's employees issued in 1987 through (RMO No. 16-87) as well as other issuances inconsistent therewith. The Code specifies, among others, the rights of employees, grounds for disciplinary action, offenses, penalties and liabilities and the grievance machinery.
Revenue Memorandum Order No. 65-98
Issued August 18, 1998 prescribes the policies and guidelines on the use of the Security and Access Kit and the Security and Access Technical Handbook which will be the official reference documents on matters concerning ITS Security and Access. The contents of the Security and Access Kit will apply to all Bureau personnel requiring access to ITS or involved in the implementation of access to ITS. The Security and Access Technical Handbook, on the other hand, will be used by the System Administrator, Database Administrator, Information Planning and Quality Service and Internal Affairs Service.
Revenue Memorandum Order No. 66-98
Issued August 25, 1998 prescribes the policies and procedures for the processing and monitoring of tax payments due from insurance companies. The Insurance Commission (IC) chose Land Bank of the Philippines (LBP-U.N. Branch) as the only bank where the insurance companies will file and pay their Value-Added Tax, Premium Tax, Withholding Tax, Documentary Stamp Tax and Income Tax, as provided for in the Memorandum of Agreement between the IC and the BIR. The Limited Bank Data Entry System will be used by the LBP in processing payments from insurance companies. Payment data from the LBP will then be transmitted to the Information Systems Operation Service (ISOS) Data Center through Electronic Data Transfer.
Revenue Memorandum Order No. 68-98
Issued September 4, 1998 prescribes the implementation of Oplan Accounts Receivable (AREC) as well as specifies the composition, duties and functions of the Task Force created for that purpose, namely: i) the National Office Collection Task Force (for accounts receivable involving P1 Million and above) and ii) the Regional Collection Task Force (for accounts receivable involving P100,000 but not more than P1 Million for Regional Offices and P100,000 and below for the Revenue District Offices).
Revenue Memorandum Order No. 71-98
Issued September 28, 1998 clarifies the delineation of functions between the Enforcement Service and the Assessment Service especially with respect to third party information gathering and review of dockets of audit cases under the Enforcement Service. The Third Party Information Unit, a special unit under the direct supervision of the Enforcement Service, will assist the Commissioner in providing immediate and/or advance information necessary for the successful prosecution of tax fraud cases and identification of policy cases. On the other hand, the Audit Data Bank Division under the Assessment Service will gather all other third party information necessary to intensify the data bank of the Bureau, and will assist all investigating units by providing them with the necessary data to improve assessment, collection and enforcement of tax laws.
Revenue Memorandum Order No. 78-98
Issued October 15, 1998 prescribes the guidelines relative to the issuance of medical certificate for leave purposes. The medical certificate should clearly state the name of the employee, the diagnosis, the length of confinement (inclusive date of sick leave), the name of the attending physician and license number. The medical certificate should be accomplished in the physician's own prescription pad or the clinic's or hospital's official letter head if the former is not available. All medical certificates for sick leave exceeding 5 days should be submitted to the medical clinic for approval and authentication within 2 weeks after the employee has reported back for work. It should be hand-carried by the employee applying for sick leave for further evaluation by the clinic physician, except for a reasonable cause. Moreover, all sick leave applications exceeding 21 working days or 1 month and those unreasonably long should be accompanied by an affidavit from the attending physician who issued the medical certificate attesting that the medical condition of the patient really necessitates long vacation from work.
Revenue Memorandum Order No. 81-98
Issued November 12, 1998 prescribes the policies and guidelines on the use and maintenance of the BIR Internet Facilities by specifying the: a) authorized users; b) user accountabilities; and c) management, administration and maintenance. As an interim procedure, the internet facilities will be made available to the following users, through a proxy software using a third party Internet Service Provider: a) BIR Management (Commissioner, Deputy Commissioners, Assistant Commissioners, Regional Directors with network connection, Revenue Data Center Heads); b) inter-agency projects such as Finlink and those approved and identified by the Deputy Commissioner-Information Systems Group; c) BIR Division Chiefs of offices with required on-line activities with other government agencies; and d) BIR Division Chiefs of offices with constant research activities. Transmission of any material/document/information in violation of any existing policies of the Bureau of Internal Revenue, Department of Finance and the Philippine Government law is prohibited. This may result to the revocation of issued account plus the imposition of appropriate administrative sanctions depending on the degree of violation committed.
Revenue Memorandum Order No. 82-98
Issued November 17, 1998 prescribes the policies, guidelines and procedures on the availment of the three-day Centennial Leave by revenue officials and employees pursuant to Civil Service Commission (CSC) Memorandum Circular No. 17, Series of 1998. All regular revenue officers and employees, whether permanent, temporary or co-terminus, may be granted the privilege of participating in various centennial activities or visiting the Centennial Exposition on official time for a maximum of three (3) days at anytime during the period June 6, 1998 to June 15, 1999, provided that they have already accumulated at least five (5) days vacation leave to their credit. Employees who cannot visit Expo Filipino at Clark Air Base, Pampanga because of time and distance constraints can participate in various centennial activities or visit historical places which are accessible to them; provided that they will submit proofs of visit or participation such as entrance tickets, receipts of purchase or souvenir pictures. Application for the Centennial Leave should be filed in advance for action by proper authorities 5 days prior to the effective date of such leave.
Revenue Memorandum Order No. 84-98
Issued November 18, 1998 prescribes the policies and mechanics for the raffle of sales invoices and receipts, through the project dubbed as "Humingi ng Resibo, Manalo ng Libo-Libo, Part II". Sales invoices and receipts issued by taxpayers within jurisdictional cities and municipalities starting December 1, 1998 to April 10, 1999 will qualify for the raffle draws, provided that the following requirements are contained in said sales invoices/receipts: business name and address, Taxpayer Identification Number (TIN), name of printer (BIR Permit Number) with the inclusive serial numbers of the booklets and date of issuance of the sales invoices/receipts. There will be simultaneous Regional Raffle draw in the nineteen (19) Revenue Regions on January 30, 1999. The National Raffle draw is scheduled on April 10, 1999 with prizes of P1,000,000, P500,000 and P200,000 for the 1st, 2nd and 3rd prize winner, respectively.
Revenue Memorandum Order No. 85-98
Issued November 13, 1998 amends RMO No. 21-94 by defining the new composition of the Committee on Disposal of Specialized Accountable Forms in the National Office as follows: a) the Head Revenue Executive Assistant of the Internal Affairs Service or his duly authorized representative, as Chairman; b) the Assistant Chief of the Accountable Forms Division and the Chief of Revenue Disbursement Accounting Division or their duly authorized representatives, as members; and c) the resident COA Auditor in the BIR or his duly authorized representative, as witness. The Committee will appraise and conduct an inventory of all obsolete, damaged, cancelled accountable forms for disposal referred to it by the Chief, Accountable Forms Division and by other revenue accountable officers assigned in the National Office. Upon approval of the Authority to Dispose, the Committee will proceed with the disposal of forms in accordance with existing Commission on Audit (COA) rules and regulations.
Revenue Memorandum Order No. 86-98
Issued November 23, 1998 prescribes the policies relative to the payment of national internal revenue taxes in the form of Tax Credit Certificate (TCC), under certain conditions, pursuant to Section 204 of the Tax Code of 1999. A TCC validly issued under the provisions of the Tax Code beginning January 1, 1998 may be used by its grantee in the payment of his internal revenue taxes, except his withholding tax liability. TCCs issued pursuant to the provisions of any law other than the National Internal Revenue Code, such as TCCs issued pursuant to the Omnibus Investment Code and the Tariff and Customs Code, may only be used subject to the limitations of the law and regulations under which the same has been issued.
Revenue Memorandum Order No. 88-98
Issued December 9, 1998 delegates the authority of approving Certification by Procurement Officer on the unavailability of suitable substitutes of exclusively manufactured or distributed supplies/materials/equipment as follows: a) up to P50,000 - Assistant Commissioner of the Financial and Administrative Service; b) from P50,001 to P2,000,000 - Deputy Commissioner of the Resource Management Group; and c) P2,000,001 and above - Commissioner of Internal Revenue.
Revenue Memorandum Order No. 89-98
Issued December 9, 1998 amends pertinent provisions relative to the raffle of sales invoices and receipts, "Humingi ng Resibo, Manalo ng Libo-libo, Part 2" specifically Paragraph Nos. II, III and IV of RMO No. 84-98. There will be 115 District Raffles and 19 Regional Raffles, both with scheduled draw date on January 30, 1999; and 1 National Raffle to be held on April 10, 1999. For the District and Regional Raffle draws, only sales invoices and receipts dropped at designated drop boxes within the revenue regional jurisdiction where the issuing taxpayer/business establishment is located will be considered valid entries.
Revenue Memorandum Order No. 91-98
Issued December 11, 1998 suspends all field operations of the BIR relative to examinations and clarification of taxpayer's records and other transactions effective December 16, 1998 until January 11, 1999. However, the following are not covered by the suspension: a) no contact surveillance of all establishments; b) service of assessments, warrants and seizure notices of prescribing cases; c) processing of Capital Gains Tax returns prior to the issuance of Tax Clearance/Certificates Authorizing Registration; d) examination and/or verification of transfer taxes; and e) audit pursuant to RMO No. 27-98 on banks, insurance companies and other financial intermediaries.
Revenue Memorandum Order No. 93-98
Issued December 14, 1998 prescribes the guidelines and the feedback/monitoring mechanism for the establishment of Taxpayers' Service Counter in frontline offices of the BIR, namely: 1) Regional Offices; 2) Revenue District Offices; 3)Taxpayers Assistance Unit of the Large Taxpayers Division; and 4) Public Information and Education Division. The Taxpayers' Service counter, to be manned by competent, efficient and courteous revenue personnel, should be set in a conspicuous place of said offices and open for service from 8:00 am to 5:00 PM. Information materials and forms should be available at all times. A logbook should be maintained to record the activities of the counter, and a report containing the results of the counter activities and the taxpayer perception survey conducted should be prepared and submitted monthly by the specified BIR frontline offices. Moreover, a quarterly report of Forms Inventory will be submitted by the District Offices and the Administrative Division of Regional Offices, through the Regional Director, to the Taxpayer Assistance Service.
Revenue Memorandum Order No. 95-98
Issued December 17, 1998 sets the revenue target of the BIR for CY 1999 as well as prescribes the methodology to determine the following: i) the estimated CY 1999 regional goal allocation; ii) the regional goals for each major type of taxes; and iii) the monthly allocation of the regional goals. Moreover, the Regional Directors are required to submit to the Statistics Division on or before January 15, 1999 the distribution of regional goals, by RDO, by month and by type of taxes, following Tables 3 to 8 of the Order.
Revenue Memorandum Order No. 98-98
Issued December 23, 1998 prescribes the guidelines and procedures for the acceptance and payment of deliverables under the BIR-Development Academy of the Philippines (DAP) Change Management Assistance Program (CMAP). The Policy and Planning Service (PPS) will be the principal point of contact for CMAP. Thus, all communications, deliverables and invoices pertaining to BIR-DAP CMAP will be received for the BIR by PPS for appropriate action by offices concerned. Acceptance of deliverables will be completed by the BIR within 20 working days from receipt of deliverables by the PPS. A Product Acceptance Certificate, duly signed by the Commissioner, will be issued for every deliverable accepted which will be the basis of DAP for billing the deliverables. Payment of DAP deliverables will be made within 40 working days from receipt of complete billing documents from DAP.
Revenue Memorandum Order No. 99-98
Issued December 29, 1998 prescribes the procedures for the filing of Excise Tax returns and payment of Excise Taxes on petroleum products, including the use of Reimbursement Certificates - Tax Debit Memo (RC-TDM) in the payment of said taxes. The basis for the Excise Taxes to paid will be daily removal of the petroleum products based on the Withdrawal Certificates (WCs) issued on or before 12:00 midnight of each day. Payments for Excise Taxes on petroleum products on the daily removal of oil companies will be done within the following banking day through the Direct Debit system charged against an account of the company with any of the Authorized Agent Bank (AAB) branches for Large Taxpayers. Petroleum products will be removed from the refinery or place of production, irrespective of destination, only upon the issuance of WC indicating therein the name and address of the consignee, the date of removal, quantity and description of the product removed, duly certified by the Revenue Officer on premise.