National Internal Revenue Code
National Internal Revenue Code
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NATIONAL INTERNAL REVENUE CODE TAXATION, TARIFF and CUSTOMS LAWS
into a native language; English or Spanish, and the said
translation must be made by the bookkeeper, or such
taxpayer, or in his absence, by his manager and must be
certified under oath as to its correctness by the said
bookkeeper or manager, and shall form an integral part
of the aforesaid books of accounts. The keeping of such
books or records in any language other than a native
language, English or Spanish, is hereby prohibited.
SEC. 235. Preservation of Books and Accounts and
Other Accounting Records. - All the books of accounts,
including the subsidiary books and other accounting
records of corporations, partnerships, or persons, shall be
preserved by them for a period beginning from the last
entry in each book until the last day prescribed by
Section 203 within which the Commissioner is authorized
to make an assessment. The said books and records shall
be subject to examination and inspection by internal
revenue officers: Provided, That for income tax purposes,
such examination and inspection shall be made only
once in a taxable year, except in the following cases:
(a) Fraud, irregularity or mistakes, as determined by
the Commissioner;
(b) The taxpayer requests reinvestigation;
(c) Verification of compliance with withholding tax
laws and regulations;
(d) Verification of capital gains tax liabilities; and
(e) In the exercise of the Commissioner's power
under Section 5(B) to obtain information from other
persons
in
which
case,
another
or
separate
examination
and
inspection
may
be
made.
Examination and inspection of books of accounts
and other accounting records shall be done in the
taxpayer's office or place of business or in the office
of the Bureau of Internal Revenue. All corporations,
partnerships or persons that retire from business
shall,
within
ten
(10)
days
from
the
date
of
retirement or within such period of time as may be
allowed
by
the
Commissioner
in
special cases,
submit
their
books
of
accounts,
including
the
subsidiary books and other accounting records to
the
Commissioner
or
any
of
his
deputies
for
examination, after which they shall be returned.
Corporations
and
partnerships
contemplating
dissolution must notify the Commissioner and shall
not be dissolved until cleared of any tax liability.
Any provision of existing general or special law to the
contrary notwithstanding, the books of accounts and
other pertinent records of tax-exempt organizations or
grantees of tax incentives shall be subject to examination
by
the Bureau of Internal Revenue for purposes of
ascertaining compliance with the conditions under which
they have been granted tax exemptions or tax incentives,
and their tax liability, if any.
CHAPTER II ADMINISTRATIVE PROVISIONS
SEC. 236. Registration Requirements. -
(A) Requirements. - Every person subject to any internal
revenue tax shall register once with the appropriate
Revenue District Officer:
(1) Within ten (10) days from date of employment, or
(2) On or before the commencement of business,or
(3) Before payment of any tax due, or
(4) Upon filing of a return, statement or declaration
as required in this Code.
The registration shall contain the taxpayer's name, style,
place of residence, business and such other information
as may be required by the Commissioner in the form
prescribed therefor: Provided, That the Commissioner
shall
simplify
the
business
registration
and
tax
compliance requirements of self-employed individuals
and/or professionals. (as amended by RA No 10963)
A person maintaining a head office, branch or facility shall
register
with
the
Revenue
District
Officer
having
jurisdiction over the head office, brand or facility. For
purposes of this Section, the term ' facility ' may include
but not be limited to sales outlets, places of production,
warehouses or storage places.
(B) Annual Registration Fee - An annual registration fee
in the amount of Five hundred pesos (P500) for every
separate or distinct establishment or place of business,
including facility types where sales transactions occur,
shall be paid upon registration and every year thereafter
on or before the last day of January: Provided, however,
That
cooperatives,
individuals
earning
purely
compensation income, whether locally or abroad, and
overseas workers are not liable to the registration fee
herein imposed.
The registration fee shall be paid to an authorized agent
bank
located
within
the revenue district, or to the
Revenue Collection Officer, or duly authorized Treasurer
of the city of municipality where each place of business or
branch is registered.
(C) Registration of Each Type of Internal Revenue Tax. -
Every person who is required to register with the Bureau
of Internal Revenue under Subsection (A) hereof, shall
register each type of internal revenue tax for which he is
obligated, shall file a return and shall pay such taxes, and
shall
updates
such
registration
of
any
changes
in
accordance with Subsection (E) hereof.
(D) Transfer of Registration. - In case a registered person
decides to transfer his place of business or his head office
or branches, it shall be his duty to update his registration
status by filing an application for registration information
update in the form prescribed therefor.
(E) Other Updates. - Any person registered in accordance
with this Section shall, whenever applicable, update his
registration information with the Revenue District Office
where he is registered, specifying therein any change in
type and other taxpayer details.
(F) Cancellation of Registration. -
(1) General Rule. - The registration of any person
who ceases to be liable to a tax type shall be
cancelled upon filing with the Revenue District
Office where he is registered an application for
registration information update in a form prescribed
therefor.
(2) Cancellation of Value-Added Tax Registration. -
A VAT- registered person may cancel his registration
fo VAT if:
(a)
He
makes
written
application
and can
demonstrate to the Commissioner's satisfaction
the his gross sales or receipts for the following
twelve(12) months, other than those that are
exempt under Section 109 (A) to (U) (sic), will
not exceed One million five hundred thousand
pesos (P1,500,000) or
(b) He has ceased to carry on his trade of
business, and does not expect to recommence
any
trade or business within the next (12)
months.
The cancellation of registration will be effective from
the first day of the following month.
(G) Persons Required to Register for Value-Added Tax. -
[95]
(1)
Any person who, in the course of trade or
business,
sells,
barters
or
exchanges
goods
or
properties, or engages in the sale or exchange of
services, shall be liable to register for value-added
tax if:
(a)
His gross sales or receipts for the past
twelve (12) months, other than those that are
exempt under Section 109(A) to (BB), have
exceeded Three million pesos (P3,000,000); or
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