RMO No. 12-2012
RMO No. 12-2012
RMO No. 12-2012
DEPARTMENT OF FINANCE
BUREAU OF INTERNAL REVENUE
SUBJECT:
TO
I.
OBJECTIVES
This Order is issued to:
II.
1.
2.
3.
4.
5.
COVERAGE
The policies, guidelines and reportorial requirements prescribed herein
shall be applicable to all taxpayers using CRMs, POS machines and other
invoice/receipt generating machines classified as stand alone or linked to a
computerized accounting system, including units used for training purposes,
back-up and handheld machines or mobile devices as long as they are used to
issue invoice/receipt to support sales transactions, except those being used to
acknowledge collection.
III.
IV.
DEFINITION OF TERMS
1.
Monthly Sales refers to the gross monthly total sales subject to value
added tax (VAT), whether taxable (12%) or zero-rated (0%), net of
VAT, discounts granted and other adjustments to sales, VAT exempt
sales, and sales subject to other percentage taxes as stored in the
machines non-volatile memory.
2.
3.
4.
5.
6.
GENERAL PROVISIONS
All taxpayers using CRMs, POS machines and other invoice/receipt
generating machines enrolled in the eSales System, with or without sales
transaction, are required to submit monthly sales report per machine to the
BIR through the eSales System. Such monthly sales report per machine shall
be submitted on or before the 8thday of the month (for taxpayers whose last
digit of the 9-digit TIN is even number) and 10thday of the month (for
taxpayers whose last digit of the 9-digit TIN is odd number) following the
sales period.
V.
B.
Only one (1) user for the head office and one for each branch shall
be allowed to enroll in the eSales System. However, they may
request for additional user subject to the approval of the Head of
the concerned Large Taxpayers Office/RDO considering the
taxpayers policy on who will be submitting the monthly sales
report.
2.
4.
5.
6.
7.
8.
9.
10.
11.
12.
The ISOS DC/RDC shall generate the following reports every 15th
of the month for submission to the concerned LTS Offices/RDOs:
a. List of Taxpayers with Registered Machines (Head Office and
Branches) as of __________, 20__ (Annex D);
b. List of Machines per Taxpayer with Monthly Sales Report
Submission (Annex E);
c. List of Machines per Taxpayer with No Monthly Sales Report
Submission (Annex F);
d. List of Machines per Taxpayer with Amended Monthly Sales
Report Submission (Annex G);
e. List of Machines with Cancelled Permits and MIN per
Taxpayer (Annex H);
f. List of Machines per Taxpayer with Zero Monthly Sales Report
Submission (Annex I);
g. Summary Report of Compliance per Taxpayer for the Month of
______, 20__ by RDO No. __, __(name of office)__ (Annex J);
h. Sales Ledger per Machine as of _____, 20____ (Annex K).
13.
14.
C.
D.
VI.
PROCEDURES
A.
b. Non-large Taxpayers
i. The request for cancellation of permit to use shall be
submitted to the RDO having jurisdiction over the address
where the machine is located.
ii. Inspection of machines shall be handled by the RDO where
the machines are located.
iii. The Certificate of Cancellation shall be issued by the
concerned RDO where the machines are located within five
(5) days after the conduct of inspection.
iv. Upon approval of the report of cancellation of permit to use
CRM/POS, RDO shall access the eSales System and cancel
the MIN following the procedures in Annex Q.
2. eAccReg Issued
a. Large Taxpayers
i. The request for cancellation of permit to use shall be
submitted to the concerned LTS Office having jurisdiction
over the taxpayers registered address.
ii. Inspection of the machines shall be handled by the concerned
LTS Office having jurisdiction over taxpayers registered
address. However, inspection of machines for branches
located outside Metro Manila shall be handled by the
concerned RDO where the machines are located. For LTDOCebu, branches of its taxpayers located outside the Cebu area
shall be handled by the concerned LTS Office/RDO having
jurisdiction over the address where the machines are located.
iii. Report on the inspection conducted shall be submitted by the
RDO within five (5) days from the conduct of the inspection
to the concerned LTS Office for the preparation of the
cancellation of permit to use.
iv. The Certificate of Cancellation shall be issued by the
concerned LTS Office within five (5) days after conduct of
inspection or upon receipt from the RDO of the inspection
report together with the complete documentary requirements.
v. Upon approval of the report of cancellation of permit to use,
concerned LTS Office shall access the eAccReg System and
cancel the permit to use and MIN following the procedures
prescribed in Annex R and other applicable provisions of
RMC No. 19-2009.
b. Non-large Taxpayers
i. The request for cancellation of permit to use shall be
submitted to the RDO having jurisdiction over the address
where the machine is located.
ii. Inspection of machines shall be handled by the RDO where
the machines are located.
D. PENALTY PROVISIONS
Any violation of the provisions of RR No. 5-2005, as amended, and
this implementing Order shall subject the concerned taxpayer to the penalty
provided under Sec. 250 of the NIRC of 1997, as amended.
Taxpayers who will be found not submitting the required monthly sales
report for three (3) consecutive months per machine shall be subjected to the
following sanctions in addition to the penalty imposed under RR No. 5-2005:
1st Offense
2nd Offense
3rd Offense
Reminder Letter
Machine Inspection/Post Evaluation
Revocation of Permit to Use/Cancellation of MIN
Moreover, payment of penalty does not relieve the taxpayer from the
submission of the monthly sales report; otherwise, the issuance and
enforcement of Subpoena Duces Tecum shall be made in strict compliance
with the procedures enunciated in RMO No. 88-2010 and other applicable
revenue issuances and Taxpayers Compliance Verification Drive (TCVD)
under RMO No. 3-2009 and to other enforcement measures that may be
undertaken to compel taxpayer to fully comply with this Order.
VIII. TRANSITORY PROVISIONS
During the transition period the following guidelines shall be followed
in cleaning-up and updating the registration database:
a.
b.
Taxpayers must apply for the cancellation of the permit to use issued by
the concerned LTS Office/RDO for CRMs, POS machines and other
invoice/receipt generating machines which have been registered but are
not being used or have been retired as of the effectivity of the required
sales reporting.
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IX.
c.
d.
The concerned LTS Office/RDO shall use the Cancel MIN Module in
the eSales System to cancel all machines that were issued permit to use
CRM/POS prior to the effectivity of RR No. 11-2004 and were issued
MIN under the eSales System, where an approval for cancellation of
such permit to use has been granted by the concerned LTS Office/RDO.
Such must be done within five (5) working days upon receipt of such
approval for cancellation by the concerned LTS Office/RDO.
e.
REPEALING CLAUSE
Any revenue issuance inconsistent herewith is hereby amended,
modified, revoked, or repealed accordingly.
X.
EFFECTIVITY CLAUSE
This Order shall take effect on January 2012, however, for non-large
taxpayers the initial reporting for the months of January to June shall be on
July 8 or 10, 2012, whichever is applicable.
(Original Signed)
KIM S. JACINTO-HENARES
Commissioner of Internal Revenue
NMA ___
ARS ______
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