Article 76p. 76

NATIONAL INTERNAL REVENUE CODE TAXATION, TARIFF and CUSTOMS LAWS

(b) There are reasonable grounds to believe that

his gross sales or receipts for the next twelve

(12) months, other than those that are exempt

under Section 109(A) to (BB), will exceed Three

million pesos (P3,000,000).

(as amended by RA No 10963) or

(2) Every person who becomes liable to be registered

under paragraph (1) of this Subsection shall register

with

the

Revenue

District

Office

which

has

jurisdiction over the head office or branch of that

person, and shall pay the annual registration fee

prescribed in Subsection (B) hereof. If he fails to

register, he shall be liable to pay the tax under Title

IV as if he were a VAT-registered person, but without

the benefit of input tax credits for the period in

which he was not properly registered.

(H)

Optional

Registration

for

Value-Added

Tax

of

Exempt Person. -

(1) Any person who is not required to register for

value-added tax under Subsection (G) hereof may

elect to register for value-added tax by registering

with the Revenue District Office that has jurisdiction

over the head office of that person, and paying the

annual registration fee in Subsection (B) hereof.

(2) Any person who elects to register under this

Subsection

shall

not

be

entitled

to

cancel his

registration under Subsection (F)(2) for the next

three (3) years.

Provided, That any person taxed under Section

24(A)(2)(b) and 24(A)(2)(c)(2)(a) of the NIRC who

elected to pay the eight percent (8%) tax on gross

sales or receipts shall not be allowed to avail of this

option.

For purposes of Title IV of this Code, any person who

has registered value-added tax as a tax type in

accordance with the provisions of Subsection (C)

hereof shall be referred to as a 'VAT-registered

person' who shall be assigned only one Taxpayer

Identification Number (TIN).

(as amended by RA No 10963)

(I) Supplying of Taxpayer Identification Number (TIN). -

Any person required under the authority of this Code to

make,

render

or

file

a

return,

statement

or

other

document shall be supplied with or assigned a Taxpayer

Identification Number (TIN) which he shall indicate in

such

return,

statement or document filed with the

Bureau of Internal Revenue for his proper identification

for tax purposes, and which he shall indicate in certain

documents, such as, but not limited to the following:

(1) Sugar quedans, refined sugar release order or

similar instruments;

(2) Domestic bills of lading;

(3) Documents to be registered with the Register of

Deeds of Assessor's Office;

(4)

Registration

certificate

of

transportation

equipment by land, sea or air;

(5) Documents to be registered with the Securities

and Exchange Commission;

(6) Building construction permits;

(7)

Application

for

loan

with

banks,

financial

institutions, or other financial intermediaries;

(8) Application for mayor's permit;

(9)

Application

for

business

license

with

the

Department of Trade & Industry; and

(10) Such other documents which may hereafter be

required

under

rules

and

regulations

to

be

promulgated by the Secretary of Finance, upon

recommendation of the Commissioner.

In

cases

where

a

registered

taxpayer

dies,

the

administrator or executor shall register the estate of the

decedent in accordance with Subsection (A) hereof and a

new

Taxpayer

Identification

Number

(TIN)

shall

be

supplied in accordance with the provisions of this Section.

In the case of a nonresident decedent, the executor or

administrator of the estate shall register the estate with

the

Revenue

District

Office

where

he is registered:

Provided,

however,

That

in

case

such

executor

or

administrator is not registered, registration of the estate

shall be made with the Taxpayer Identification Number

(TIN) supplied by the Revenue District Office having

jurisdiction over his legal residence.

Only one Taxpayer identification Number (TIN) shall be

assigned to a taxpayer. Any person who shall secure more

than

one

Taxpayer

Identification

Number

shall

be

criminally liable under the provision of Section 275 on

' Violation of Other Provisions of this Code or Regulations

in General '.

SEC. 237. Issuance of Receipts or Sales or Commercial

Invoices. - (A) Issuance. — All persons subject to an

internal revenue tax shall, at the point of each sale and

transfer of merchandise or for services rendered valued at

One hundred pesos (P100) or more, issue duly registered

receipts or sale or commercial invoices, showing the date

of transaction, quantity, unit cost and description of

merchandise or nature of service: Provided, however, That

where the receipt is issued to cover payment made as

rentals, commissions, compensation or fees, receipts or

invoices shall be issued which shall show the name,

business style, if any, and address of the purchaser,

customer or client: Provided, further, That where the

purchaser is a VAT-registered person, in addition to the

information herein required, the invoice or receipt shall

further show the Taxpayer Identification Number (TIN) of

the purchaser.

Within five (5) years from the effectivity of this Act and

upon the establishment of a system capable of storing

and

processing the required data, the Bureau shall

require taxpayers engaged in the export of goods and

services,

taxpayers

engaged

in

e-commerce,

and

taxpayers under the jurisdiction of the Large Taxpayers

Service to issue electronic receipts or sales or commercial

invoices in lieu of manual receipts or sales or commercial

invoices, subject to rules and regulations to be issued by

the Secretary of Finance upon recommendation of the

Commissioner and after a public hearing shall have been

held

for

this

purpose:

Provided,

That taxpayers not

covered by the mandate of this provision may issue

electronic receipts or, sales or commercial invoices, in lieu

of manual receipts, and sales and commercial invoices.

The original of each receipt or invoice shall be issued to

the

purchaser,

customer

or

client

at

the

time the

transaction is effected, who, if engaged in business or in

the exercise of profession, shall keep and preserve the

same in his place of business for a period of three (3) years

from the close of the taxable year in which such invoice or

receipt was issued, while the duplicate shall be kept and

preserved by the issuer, also in his place of business, for a

like period: Provided, That in case of electronic receipts or

sales or commercial invoices, the digital records of the

same shall be kept by the purchaser, customer or client

and the issuer for the same period above stated.

The Commissioner may, in meritorious cases, exempt any

person subject to internal revenue tax from compliance

with the provisions of this Section

(as amended by RA No 10963)

SEC.

237-A.

Electronic

Sales

Reporting

System . —

Within five (5) years from the effectivity of this Act and

upon the establishment of a system capable of storing

and

processing the required data, the Bureau shall

require taxpayers engaged in the export of goods and

services, and taxpayers under the jurisdiction of the Large

Taxpayers Service to electronically report their sales data

to the Bureau through the use of electronic point of sales

systems, subject to rules and regulations to be issued by

the

Secretary

of

Finance

as

recommended

by

the

Commissioner of Internal Revenue: Provided, That the

© Compiled by RGL

76 of 201