RR No. 07-12
RR No. 07-12
RR No. 07-12
April 2, 2012
TO
SECTION 1.
Scope. Pursuant to Section 244
of the 1997 National
Internal Revenue Code (NIRC), as amended, in relation to Chapter II of Title IX
specifically Section 236
thereof, these Regulations are hereby promulgated in
order to amend, consolidate and update all existing revenue regulations relative to
primary registration, particularly on the following:
1.
2.
3.
4.
5.
SECTION 2.
1.
2.
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SECTION 3.
Definition of Terms. For purposes of these Regulations,
the following words and/or phrases shall be defined as follows:
1.
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i.
ii.
2.
3.
4.
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5.
6.
7.
ii.
iii.
in
another
v.
vi.
vii.
8.
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10.
11.
12.
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CIAacS
13.
14.
15.
16.
17.
18.
19.
20.
21.
ii.
A taxpayer that has stopped filing all its tax returns for the
last two (2) years, which requires issuance of a notice of
investigation;
iii.
iv.
SECTION 4.
Policies on the Application and Issuance of Taxpayer
Identification Number (TIN).
Annex "A" of these Regulations provides for and lists down the venue, forms
and documentary requirements for the registration of each type of applicant.
Application with incomplete documentary requirements shall not be processed. It may
be received and shall be processed only upon full compliance of the requirements.
AIHECa
1.
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ii.
2.
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iii.
iv.
v.
vi.
vii.
ii.
b)
c)
d)
e)
f)
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g)
h)
i)
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j)
iv.
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2)
3)
4)
5)
6)
7)
8)
9)
11
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ii.
iii.
iv.
v.
vi.
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Issuance of TIN Card. Issuance of TIN Card for the first time
shall be free of charge subject to the provisions of Section 15 of
these Regulations. The same must be processed and released to the
applicant within the same day upon the submission to the BIR
district office of the complete documentary requirements as
prescribed in these Regulations after the cut-off period of 1 p.m.
The TIN Card shall contain the following information:
Serial Number;
TIN;
Address;
Date of issue;
authorized
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1.
2.
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i.
ii.
3.
For Non-Individuals
i.
ii.
15
2.
Secure COR;
3.
4.
5.
ii.
iii.
iv.
Employees.
SECTION 6.
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Every person subject to any internal revenue tax to be filed/paid periodically shall
complete its registration with the BIR as follows:
1.
2.
3.
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4.
5.
SECTION 7.
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1.
2.
3.
ii.
iii.
iv.
Taxpayer Type;
v.
RDO Code;
vi.
vii.
viii.
ix.
19
x.
xi.
xii.
xiii.
Date of signing/approval.
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SECTION 8.
Annual Registration Fee (ARF). An ARF in the amount
of Five Hundred Pesos (P500.00) for every HO and/or branch shall be paid upon
registration and every year thereafter on or before January 31.
However, the following shall be exempt from the imposition of ARF:
1.
2.
3.
OCWs/OFWs;
4.
5.
6.
7.
8.
9.
10.
11.
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fact that their undertakings/endeavors are not directed nor intended to generate
income/profit. Thus, any profit-oriented activity pursued by GAIs, LGUs and/or
tax-exempt entity which partakes the nature of an activity similar to those undertaken
by those engaged in business shall be treated as an activity in pursuance of a business
for which the payment of ARF must be imposed.
The ARF shall likewise be paid in cases where parts of the activities or
undertakings conducted in a facility of the business involve sales transactions
regardless of the frequency of the occurrence thereof. Sales transactions need not be
conducted on a regular basis. Thus, even if the warehouse or place of production is
predominantly used for storage, warehouse or production purposes, a single sales
transaction consummated thereat is enough to warrant the imposition of the ARF.
The ARF shall be paid to an Authorized Agent Bank (AAB) located within the
BIR district office or to the Revenue Collection Officer (RCO) or duly authorized
Treasurer of the City or Municipality where each place of business or branch is
registered, or thru the BIR-accredited payment facilities such as Electronic Filing and
Payment System (EFPS) and G-Cash. Payment of ARF shall be made thru EFPS for
taxpayers mandated to use EFPS such as Large Taxpayer, Top 20,000 Corporation,
Top 5000 Individuals, etc. for their respective HO and Branches.
The ARF shall be paid in full amount. Registration occurring during the
interim period of the initial year shall be imposed with the same full amount of
P500.00 as ARF.
When any individual who has paid the ARF dies, and the same business is
continued by the person or persons interested in his estate, those continuing the
business should register as a separate entity reflecting in said registration that it is
pursuing the business enterprise as heirs of the estate of the decedent. Accordingly,
the person or persons interested in the estate should, within thirty (30) days from the
death of the decedent, submit to the concerned BIR district office inventories of goods
or stocks at the time of death of the registered individual upon registration and the
ARF should be paid. This requirement shall also be applicable in the case of transfer
of ownership or change of name of the business establishment.
IScaAE
SECTION 9.
Requirement for the Registration of Each Type of Internal
Revenue Tax. Every person, who is required to register with the BIR under Section
4 of these Regulations, shall register each type of internal revenue tax for which he/it
is obligated to file a return or pay taxes due thereon. Such person shall update the BIR
for any changes in his/its registration information in accordance with Section 11
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hereof.
Generally, registration of tax types by a business entity consists of but not
limited to the following internal revenue taxes/fees:
1.
Income tax;
2.
3.
4.
5.
6.
7.
8.
The nature of the business to which the taxpayer belongs shall be taken into
consideration in determining the type of taxes that must be registered.
In order to avoid the generation of invalid "stop-filer" cases in the BIR's
database, only those tax types which the taxpayer is expected to regularly/periodically
file the return and/or pay the tax shall be registered. In case a taxpayer fails to update
his tax types prior to filing/payment of a tax return, the duly authorized BIR personnel
must register the corresponding tax type for the Tax Return to be filed/paid except for
VAT and/or percentage taxes which must be applied for by the taxpayer. The BIR
personnel initiating the update in behalf of the taxpayer must inform him of such
update, in writing, to give due notice on his obligation to subsequently file the return
on a regular basis on or before the prescribed deadline for filing.
The registration of income tax as a tax type does not automatically carry with it
the registration of VAT and/or percentage tax as a covered/registered tax type. An
example of this is the seller of agricultural food products. Such seller, although
subject to income tax, is exempt from the imposition of either VAT or percentage tax,
pursuant to the provisions of Section 109 of the Code, as amended. In which case,
VAT or Percentage need not be registered as a tax type.
For marginal income earners, the activities of such individuals are considered
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principally for subsistence or livelihood. Moreover, they are not required to pay any
ARF although they are required to register as taxpayers for being potential income
and withholding tax filers. For purposes of registration, they will be registered for the
tax type Income Tax and Form Type 1701. Notwithstanding their exemption from
business taxes and ARF, they are liable to pay Income Taxes similar to any other
individual engaged in business or practice of profession, after applying the allowable
deductions against their Gross Income/Sales/Receipts and personal/additional
exemptions granted under the Tax Code.
For those enjoying income tax holidays, or exemption from other taxes for a
limited time, as granted pursuant to special laws, the type of taxes the taxpayer is
exempt from paying on the account thereof, the effectivity and expiry date shall be
indicated. However, upon expiration thereof, it shall be the duty of the taxpayer to
update his/its registration and/or the BIR district office must be duly informed in
writing.
For purposes of determining the proper tax type (i.e., whether VAT or other
percentage taxes) based on the nature of the business activity of the taxpayer, the
following rules shall apply:
i.
ii.
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1)
His gross sales or receipts for the past twelve (12) months,
other than those that are exempt under Section 109
(1)
(A) to (U) of the Code, as amended, have exceeded One
Million Nine Hundred Nineteen Thousand Five Hundred
Pesos (P1,919,500.00); or
2)
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iv.
2)
3)
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2)
3)
v.
vi.
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2)
Income Tax
ii.
VAT
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i.
Percentage tax
ii.
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iii.
iv.
v.
vi.
Excise tax
SECTION 10.
Transfer of Registration. In case a registered person
transfers his registered address to a new location, it shall be his duty to inform the
BIR district office where he is registered of such fact by filing the prescribed BIR
Form specifying therein the complete address where he intends to transfer.
1.
2.
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iii.
3.
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Profession (Individual/Non-Individual).
i.
Branches/Facilities
Request for transfer of registration of branch/facility shall
be filed at the BIR district office where such branch/facility
is registered. Where no tax type is registered except ARF,
transfer shall be completed by the old BIR district office
within five (5) days from receipt of the request.
Transfer of branches with other registered tax types shall
observe the same procedures in transferring a HO.
ii.
2)
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3)
4)
5)
6)
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SECTION 11.
Other Registration Updates. Any person registered in
accordance with Section 4 (2) hereof shall, whenever applicable, update his
registration information with the BIR district office where he is registered using BIR
Form/s prescribed by the BIR.
1.
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2.
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iii.
iv.
ii.
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iv.
SECTION 12.
Cancellation of Registration. The cancellation of
registration may either pertain to cancellation of business registration and/or the
assigned TIN. Application for TIN/Registration cancellation shall take place upon:
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CcaASE
1.
Death of individual;
2.
3.
4.
2.
of
ii.
iii.
iv.
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cancellation
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ii.
The new TIN shall be used in the filing of the estate tax
return of the decedent, as well as in the filing of other
applicable tax returns (e.g., Income, VAT/Percentage Tax,
etc.) if the estate is under judicial settlement.
iii.
iv.
v.
Such BIR district office shall issue a Tax Clearance for the
decedent's business registration within ten (10) days from
termination of its investigations and/or full settlement of the
taxpayer's liabilities, if applicable.
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3.
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ii.
iii.
iv.
v.
vi.
vii.
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viii.
4.
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ii.
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2)
3)
4)
SECTION 13.
Certification Fee. Any request for certification that may
be requested by a taxpayer from the BIR district office where he is registered on
matters relating to his registration shall be charged with a fee in an amount not
exceeding one hundred pesos (P100.00), in addition to the documentary stamp tax
imposed under Section 188 of the Code, as amended, subject to change upon approval
of the CIR thru a subsequent issuance.
The Certification Fee shall be collected on each set of documents regardless of
the number of pages of such document.
1.
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SECTION 14.
BIR Registration Forms. All existing BIR registration
forms shall be enhanced and updated with the view of simplifying the information
fields and standardizing the data/encoding format and/or abbreviations for easy and
effective upload to the Registration System Database.
SECTION 15.
Penalty Provision. The following violations related to
primary registration shall be penalized as follows:
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1.
2.
3.
4.
5.
6.
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SECTION 16.
Repealing Clause. All existing rules, regulations and
other issuances or portions thereof inconsistent with the provisions of these
Regulations are hereby modified, repealed or revoked accordingly except those rules
that would necessitate registration system enhancement when the modified rules shall
take effect only upon availability of the enhanced system.
SECTION 17.
Transitory Provision. Portions of these Regulations
which can be implemented immediately given the present capabilities of the
registration system shall strictly be complied with upon the effectivity of these
Regulations.
Nevertheless, for provisions hereof which can only be implemented as the
enhancements are put in place in the registration database, transitory procedures shall
be provided in a separate Revenue Memorandum Order/s to be issued for the purpose.
Pending issuance of transitory procedures, existing rules and procedures (status quo)
shall be observed in the meantime.
SECTION 18.
Effectivity Clause. These Regulations shall take effect
after fifteen (15) days following complete publication in a newspaper of general
circulation.
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Venue, BIR Forms and Documentary Requirements for Securing TIN and Other
Updates
I.
Venue
1.
RDO having jurisdiction over the place where the Head Office
and branch is located, respectively;
2.
3.
4.
B.
C.
Documentary Requirements
1.
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Contract of Lease;
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b.
c.
d.
e.
f.
g.
h.
2.
3.
4.
5.
6.
b.
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II.
c.
d.
Venue
1.
2.
B.
C.
Documentary Requirements
a.
b.
c.
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Venue
1.
RDO having jurisdiction over the place where the Head Office or
branch or facility is located.
2.
3.
Government
agencies
and
instrumentalities
(GAIs),
Government-Owned or Controlled Corporations (GOCCs), Local
Government Units (LGUs) RDO having jurisdiction over the
place where the principal office is located.
4.
B.
BIR
Form
1903
Application
for
Corporations/Partnerships (Taxable/Non-Taxable)
C.
Documentary Requirements
1.
Registration
for
For corporations/partnerships
1.1
Copy
of
SEC
Registration
and
Articles
Incorporation/Articles of Partnerships, as the case may be;
of
1.2
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a.
Contract of Lease;
b.
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IV.
c.
Franchise Agreement;
d.
e.
2.
3.
4.
b.
c.
For applications under E.O. 98, series of 1998 (those transaction business with any
government office)
A.
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Venue.
1.
2.
3.
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5.
B.
C.
Documentary Requirements
a)
Individual
1.
2.
3.
b)
TAHcCI
2.1
Driver's license,
2.2
2.3
Professional
Regulation
identification card and/or,
2.4
Commission
(PRC)
Non-individual
Document to support the transaction between a non-resident
foreign corporation and the withholding agent (e.g., bank
certification, invoice, contract, etc.).
Additional requirements for transactions involving One Time
Transactions (ONETT):
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V.
1.
2.
3.
ii.
4.
5.
B.
C.
Documentary Requirements
1.
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2.
3.
2.
3.
B.
C.
Documentary Requirements
1.
2.
A.
B.
C.
Documentary Requirements
1.
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4.
2.
3.
B.
C.
Documentary Requirements
1.
5.
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B.
C.
Documentary Requirements
1.
2.
3.
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4.
VI.
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Cancellation of TIN/Registration
A.
B.
C.
Documentary Requirements
1.
2.
3.
4.
5.
6.
7.
8.
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Endnotes
1 (Popup - Popup)
ANNEX A
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