BIR RR 7-2012 Registration Seminar
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Transcript of BIR RR 7-2012 Registration Seminar
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Welcome
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OPENING PRAYER
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NATIONALANTHEM
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OPENING REMARKS
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MESSAGE from theGUEST SPEAKER
Hon. Emmanuel O.
FrondaMAYOR, Balayan,
Batangas
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1. Registration / Tax Compliance / Bookkeeping (RR 7-2012)
2. Accredited Printers (RR 15-2012) OR/SI3. TCVD / Tax Mapping4. Income Tax Filing5. Summary Lists of Sales and Purchases6. Letter Notice7. EFPS
TOPICS TO BE DISCUSSED:
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RegistrationRR 7-2012
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Definitionof
Terms
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Process by which a person, or a corporation and other juridical entities, upon application and full compliance with the registration requirements prescribed, is registered with and consequently included in the registration database if the BIR
PRIMARY REGISTRATION
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subsequent registration activities after the issuance of BIR Certificate of Registration (COR) relative to the printing and issuance of official receipts/sales invoices; keeping/registering of books of accounts and other accounting records; applying for certain accreditation requirements and securing other applicable registration-related permits
Secondary Registration
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May involve 1 or 2 stages depending on the purpose of the taxpayer applying for registration
PRIMARY REGISTRATION
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INITIAL STAGE◦Application and issuance of TIN (all
persons subject to any internal revenue tax or required to render a return, statement, or other document as required by the provisions of the Code, as amended; or who have been mandated by other laws to secure TIN for the execution of certain documents must undergo this stage)
PRIMARY REGISTRATION
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SECOND STAGE◦Subsequent registration of the
employment, business, profession and/or undertaking which the person, natural or juridical, intends to pursue on account of which he/it is expected to regularly file tax returns, pay taxes and fees prescribed for by the Code, as amended
PRIMARY REGISTRATION
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BIR FORMS◦1901 – For self-employed and Mixed
Income Individuals, Estates and Trusts◦1902 – For individuals earning Purely
Compensation Income and Non-residents Citizens/OCWs/Seaman Earning Purely Foreign-Sourced Income
◦1903 – For Corporations / Partnerships (Taxable / Non-Taxable, including GAIs and LGUs
PRIMARY REGISTRATION
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BIR FORMS◦1904 – For One-Time Taxpayer and Person
Registering under E. O. 98 (Securing a TIN to be able to transact with any government office)
PRIMARY REGISTRATION
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Reference index number issued and assigned by the BIR to each and every person registered in its database
Comprises of a 9-13 digit numeric code◦first 9 digits = TIN Proper◦Last 4 digits = Branch Code (in case of business
entities)265-848-337-0001
TAX IDENTIFICATION NUMBER (TIN)
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WHEN TO REGISTER:1. Employees – Within 10 days from the date of
employment2. Self-employed individuals, professionals and
their branches, if any; branches of corporations – On or before the commencement of business
REGISTRATION: 2nd STAGE
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In the case of pursuit of business or practice of profession, shall be reckoned from the day when the first sale transaction occurred or within thirty (30) days from the day Mayor’s Permit/Professional Tax Receipt (PTR) is issued, whichever comes earlier, by the particular LGU where the taxpayer is intending to hold its business transactions
COMMENCEMENT OF BUSINESS
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WHEN TO REGISTER:3. Corporations (Taxable or Non-Taxable) – Before
payment of any tax dueExample: ABC Corporation was issued with SEC
Certificate of Registration on June 2, 2012. Immediately thereafter, it secured TIN with the BIR. It has subscribed capital stock of P1,000,000 and therefore required to pay DST of P5,000 on or before July 5, 2012. In this case, registration shall be done on or before payment of DST due.
REGISTRATION: 2nd STAGE
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WHEN TO REGISTER:4. Partnerships, Associations, Cooperatives, Government
Agencies and instrumentalities – Before or upon filing of any applicable tax return, statement or declaration as required by the Code, as amended
Example: ABC Corporation was issued with SEC Certificate of Registration on June 2, 2012. Immediately thereafter, it secured TIN with the BIR. It has subscribed capital stock of P1,000,000 and therefore required to pay DST of P5,000 on or before July 5, 2012. In this case, registration shall be done on or before payment of DST due.
REGISTRATION: 2nd STAGE
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Declared specific or identifiable principal place/head office of business as stated in Articles of Incorporation/Partnership/ DTI-Certificate of Registration, as the case maybe, or, in the absence thereof, the place where the complete books of accounts are kept
HEAD OFFICE
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Occupies a fixed place of business , whether rented or owned, regardless of whether or not the product/services being sold are actually located or displayed thereat
For persons who conduct business in a nomadic or roving manner, such as peddlers , mobile stores operators, etc., their place of residence shall be considered as the head office
HEAD OFFICE
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Separate or distinct establishment or place of business where sales transactions are conducted independently from the head office, which branch, like the HO, needs to be registered in the RDO having jurisdiction over its physical location and is subject to the payment of Registration Fee (RF)
BRANCH
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It is to be clarified that different lines of business engaged in by a person located in a single place shall not be considered a branch if they are under one single “business name”.
It should be noted however that before a person can register a branch or facility, it should have registered first its head office.
BRANCH
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An establishment where business transactions occur at a place other than where the head office is located
Shall be treated as a branch whereby RF of P500.00 shall be imposed
SEPARATE OR DISTINCT ESTABLISHMENT
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Any of the various lines of business pursued by a taxpayer which are operated and conducted at the same address and are individually covered with business trade names secured from DTI notwithstanding the fact that such undertakings are owned by one and the same person or/an individual
SEPARATE OR DISTINCT ESTABLISHMENT
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Ms. G is engaged in various line of business under the ff. business trade names which are all located at Rm. 501 M. Building, M. Dela Fuente St., Sampaloc Manila:
1. GV Internet Café 135-536-536-00002. LSM Computer Services 135-536-536-00013. RV Bookkeeping Services 135-536-536-00024. JRR Janitorial Services 135-536-536-0003
EXAMPLE:
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Based on the previous example, each said business owned by Ms. G shall be imposed with RF of 500.00
If Ms. G decides to put up another Internet Café in Quezon City, such internet café shall be considered as another branch and therefore shall be assigned a branch code of “0004” and be required to pay another RF.
EXAMPLE:
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TIN is Non – Transferrable TIN stays with the taxpayer regardless of
cessation or cancellation of business registration
Only One TIN per taxpayer TIN of the estate of the deceased person is
different from the TIN of the deceased issued while he/she is still alive
GENERAL RULES IN APPLICATION & ISSUANCE OF TIN
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No two or several taxpayers can hold just one identical TIN
Once TIN is assigned, TIN card shall be issued
Initial issuance of TIN card is free of charge Minors who are earning and under EO 98
can have a TIN
GENERAL RULES IN APPLICATION & ISSUANCE OF TIN
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individual whose business do not realize gross sales or receipts exceeding P 100,000 in any 12-month period
Marginal Income Earner
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process by which the information previously supplied during the Primary Registration process are changed or modified (e.g. surname, address within same district office, exemption status and qualified dependents, etc) either upon the taxpayer’s or BIR’s initiative
UPDATES (1905/2305)
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process of transmitting the records of a registered taxpayer from one BIR district office to another where the new registered address falls under the jurisdiction of a BIR district office other than where it is currently registered
TRANSFER OF REGISTRATION
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process by which the information pertaining to Primary Registration of a taxpayer is tagged as “cancelled” but nevertheless remains as part of the BIR’s registration database
CANCELLATION
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shall, for purposes of preventing the creation of stop filer cases, refer to the process of indicating in the system the end of the taxable period or date of the last return period for a particular registered form type/tax type for which a return is required to be filed
END-DATING
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system created cases when a taxpayer fails to file a return for a required tax type for a taxable period (e. i. Income Tax, VAT, Percentage Tax, etc.,) which is required to be filed regularly (monthly, quarterly, annually)
STOP-FILER CASES
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1. Failure to register (those who are found unregistered during TCVD – Subject to the penalties under prevailing revenue issuances;
2. Late Registration (those who are voluntary registering, but beyond the prescribed period as indicated in these Regulations) – Compromise penalty of P1,000.00, in addition to the unpaid ARF and penalties due thereon for every year that the business is in operation. This provision shall not apply to application of TIN for employees;
3. Late payment of ARF – Subject to 25% surcharge and 20% interest per annum and P200.00 penalty;
The following violations related to primary registration shall be penalized as follows:
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4. Failure to register a branch or facility – Subject to penalty of P1,000.00 per unregistered branch or facility (Section 258 of the NIRC, as amended);
5. Acquisition of Multiple TINs – Aside from the criminal liability that may be imposed, P1,000.00 for every TIN acquired in excess of one;
6. Failure to and/or erroneous supply of information – P1,000.00 for every error/omission, but not to exceed P25,000.00 (Section 255 of the NIRC, as amended); and
7. Any violation of the provisions of these Regulations shall be subject to penalties provided in Sections 254 and 275, and other pertinent provisions of the Code, as amended.
The following violations related to primary registration shall be penalized as follows:
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1. DTI (Original & Xerox)2. Mayor’s Permit (Original & Xerox)3. Birth Certificate of the Taxpayer/ Marriage
Contract / Birth Certificate of Qualified Dependents (Xerox)
4. Registration Fee --- P500.00 (Form 0605)5. Form 1901 (2 copies)
Requirements: SOLE PROP.
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6. Contract of Lease if Renting; TCT/Tax Dec if owned; SPA if with consent
7. Books of Accounts (Columnar / Ledger / Journal)
8. Sketch of Location9. Printing of Receipts (Form 1906)10. Subs. Sales Journal (if VAT)11. Subs. Purchases Journal (if VAT)
Requirements: SOLE PROP.
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1. BIR Form 1903 (2)2. BIR Form 1906 (3) (if Head Office)3. BIR Form 06054. BIR Form 2000 (3) Subs. Cap. Stock5. SEC (Original & Xerox)6. By Laws (Original & Xerox)7. Articles of Incorporation (Original &
Xerox)8. Mayor’s Permit (Original & Xerox)
Requirements: PARTNERSHIP / CORPORATION / COOPERATIVE
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9. Sketch of Location10. Contract of Lease if Renting; TCT/Tax Dec if
owned; SPA if with consent11. Sample of Receipt (BIR Form 1906)12. Books of Accounts (Columnar / Ledger /
Journal)13. Subs. Sales Journal (if VAT)14. Subs. Purchases Journal (if VAT)15. CDA; Accreditation Paper
Requirements: PARTNERSHIP / CORPORATION / COOPERATIVE
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UPDATES(BIR FORM 1905)
CLOSURE(BIR FORM 1905)
TAX BRIEFINGSEvery Friday 9am BIR RDO 58 – Batangas City
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TAX COMPLIAN
CE
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WHAT IS YOUR
BUSINESS?
1st Question:
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WHAT IS YOUR BUSINESS
TAX?
1st Question:
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ARE YOU A VAT or NON-VAT REG?
1. VAT Zero-rated2. VAT Exempt3. VATable
2nd Question:
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A. NON-VAT (Sec. 116-127) B. VAT1. VAT Zero-rated
(Sec. 106(A)(2) / 108(B)2. VAT Exempt
(Sec. 109(A)(1)(A-U)3. VATable
BUSINESS TAX
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NON-VAT (PERCENTAGE TAX) 3%◦ Less than Php 1,919,500 Gross Sales/Receipts in year◦ 2551M – every 20th day of the following month
VAT (VALUE-ADDED TAX) 12%◦ 2550M - every 20th day of the following month◦ 2550Q – 25th day following the close of the quarter◦ Vatable Sales *12% = Output Tax◦ Vatable Purchases * 12% = Input Tax◦ Output Tax less Input tax = VAT Payable◦ Php 1,919,500 and above Gross Sales/Receipts in a year◦ May opt to register as one even if Gross Sales < 1.9195M
BUSINESS TAX
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SALES 150,000.00 1,800,000.00 PURCHASES 125,000.00
NON-VAT2551M
150,000.00 3% 4,500.00
VAT2550M/Q
150,000.00 12% 18,000.00 125,000.00 12% 15,000.00
3,000.00
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An annual registration fee (RF) in the amount of Five Hundred Pesos (P500.00) for every separate or distinct establishment or place of business shall be paid upon registration and every year thereafter on or before January 31 by every person subject to any internal revenue tax.
ANNUAL REGISTRATION FEE (RF)
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AABTIN Verify or TIN cardPay before the deadlineIf paid beyond the deadline, it will charged with penalties, proceed first to BIR
Payment of TAXES
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Consolidated VATConsolidated or Main Office’s PMConsolidated ITConsolidated or Main Officer’s WCConsolidated or Main Office’s WEMain Office’s RF
MAIN OFFICE TO FILE:
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Branch’s PMBranch’s WCBranch’s WEBranch’s RF
BRANCH OFFICE TO FILE:
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MAP (1601-E)SAWT (2307)Alphalist of
Employees (1604-CF)
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Discuss 2307
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DISCUSS Main/Branch Sales in
PT
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◦RF (Jan. 31 of the year)◦ IT
1st – 3rd (Apr 15,Aug15,Nov 15) Annual (April 15)
◦VAT 2550M (20th day after month's end) 2550Q (25th day after quarter's end)
◦PT 2551M (20th day after month's end)
◦WE 1601-E (10th day of the ff month)◦WC 1601-C
DEADLINE:
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1. SURCHARGE – 25% of the tax due
2. INTEREST – 20% interest per annum
3. COMPROMISE – bracketa)Late Filing – based on Gross
Receipts/Sales/Estateb)Late Payment – based on tax
due
Penalties
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Proceed to RDO 58 –
Batangas City
Late Filing and Payment
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BOOKKEEPING
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HOW TO USE THE LEDGER/
JOURNAL?
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Non VAT Taxpayers◦ Journal Book◦ Sales Book◦ Disbursement Book
VAT Taxpayer◦ Journal Book◦ Columnar Book◦ Ledger Book◦ Subsidiary Sales Book◦ Subsidiary Ledger Book
Books
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NON-VAT LEDGER/JOURNAL
Food Shop
Date Particulars Debit
(Expenses) Credit
(Receipts)
10-Jan-12 OR 0001 200.00 10-Jan-12 OR 0002 700.00 10-Jan-12 OR 0003 1,200.00 10-Jan-12 OR 0004 1,200.00 10-Jan-12 OR 0005 6,900.00 10-Jan-12 OR 0002 700.00 10-Jan-12 OR 0003 1,200.00 10-Jan-12 OR 0004 1,200.00 10-Jan-12 OR 0005 6,060.00 10-Jan-12 OR 0006 640.00
10-Jan-12 Cash Sales 20,000.00
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All reported sales, receipts, expenses shall be supported by valid invoices. for audit purposes
REMINDER
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CLAIM ONLY BUSINESS EXPENSES
HOUSEHOLD EXPENSES SHOULD NOT FORM PART OF COST OF SALES OR OPERATING EXPENSES
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INVOICES
OFFICIAL RECEIPTS
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Sale of GoodsSALES INVOICE
Sale of ServicesOFFICIAL RECEIPT
Printing of Receipts (duplicate)use carbon
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A written account evidencing the sale of goods and/or properties issued to a customer in an ordinary course of business whether cash sales or on account (credit)
Sales invoice
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Proof of sale of service and/or leasing of properties which shall be the basis of the Percentage Tax or Output Tax Liability of the seller
A written admission or acknowledgment that cash has been received for the payment or settlement between persons rendering services and its customers
Official receipt
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For Percentage Tax Registered Taxpayer◦ Issue Receipt for transactions in the amount of
P25.00 and above For VAT Registered Taxpayer
◦ Regardless of the amount of transaction
When to issue a receipt
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Printing of ReceiptsBusiness Name
ProprietorTIN no. (V/NV)
AddressContact No.
SI # 0001
Qty. Items/Particulars Unit Price Total Total VAT Total
Authority to Print
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AUTHORITY TO PRINT
RR 15-2012RR 18-2012
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Only BIR Accredited Printers shall have an exclusive authority to engage in printing of principal and supplementary receipts and invoices.
ATP System caters the on-line processing of ATP and the on-line submission of printer’s periodic reports with the capability to match and process data and generate discrepancy report of dubious entries
Revenue Regulation 15-2012
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No printer shall require minimum number of booklets for printing of the principal and supplementary invoices/receipts.
Revenue Regulation 15-2012
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Principal Receipts/Invoices◦ VAT Sales Invoice◦ VAT Official Receipt◦ Non-VAT Sales Invoice◦ Non-VAT Official Receipt
Supplementary Receipts / Invoices AKA Commercial Invoices◦ includes but not limited to: delivery receipts,
order slips, debit/credit memo, purchase order, job order, provisional/temporary/acknowledgment/collection/cash receipts, bill of lading, SOA,
Revenue Regulation 18-2012
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All unissued/unused invoices/receipts printed prior to the effectivity of the aforementioned RR shall only be valid until June 30, 2012
A taxpayer with expiring ATP for its invoices/receipts (principal and supplementary) shall apply for a new ATP mot later than 60 days prior to actual expiry date.
Revenue Regulation 18-2012
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All unused/unissued principal/supplementary receipts/invoices shall be surrendered to the RDO where the taxpayer is registered on or before the 10th day after the validity period of the expired receipts/invoices for destruction. An inventory listing of the same shall also be submitted.
Revenue Regulation 18-2012
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TCVDTAX
MAPPING
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Original Certificate of Registration (display)
Payment Form 0605 – P500 (display)
Official Receipts / Sales Invoices (authorized and updated)
Books of Accounts (authorized and updated)
Documents to be inspected
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Persons shall post or exhibit its/ his COR and duly validated Registration Fee Return at a conspicuous place in its/his principal place of business and at each branch in a way that is clearly and easily visible to the public.
Together with Payment Form 0605 and OR
Posting of COR
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DISCUSS TCVD
PENALTIES
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NATURE OF VIOLATION AMOUNT OF COMPROMISE
Failure to Register
a. Cities 20,000*b. 1st class municipalities 10,000*c. 2nd class municipalities 5,000*d. 3rd class municipalities 2,000** Penalties provided are inclusive of all other violations
Failure to Pay & Display the Annual Registration Fee:(BIR Form 0605)
P 1,000
No Certificate of Registration displayed
P 1,000
For failure to issue receipts or sales orsales or commercial invoices
First Offense P 10,000Second Offense P 20,000
For refusal to issue receipts or sales orcommercial invoices
First Offense P 25,000Second Offense P 50,000
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OTHER ISSUES/
REMINDERS
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(043)723-2874
BIR Officer of the Day
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Books shall be preserved for a period of three years
Shall be subject to examination and inspection by internal revenue officers
Preservation of books, returns and receipts/invoices and other accounting records
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Inform immediately
this office upon closure of business
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MyLAST
MESSAGE
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Pay CORRECT TAXES in
order to have BETTER
PHILIPPINES
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THANK YOU and GOOD
DAY!