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Rmo 20 90

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April 4, 1990

REVENUE MEMORANDUM ORDER NO. 20-90


Subject : Proper Execution of the Waiver of the Statute of Limitations under the National Internal Revenue Code
To : All Internal Revenue Officers and Others Concerned

Pursuant to Section 223 of the Tax Code, internal revenue taxes may be assessed or collected after the ordinary
prescriptive period, if before its expiration, both the Commissioner and the taxpayer have agreed in writing to its
assessment and/or collection after said period. The period so agreed upon may be extended by subsequent written
agreement made before the expiration of the period previously agreed upon. This written agreement between the
Commissioner and the taxpayer is the so-called Waiver of the Statute of Limitations. In the execution of said waiver, the
following procedures should be followed: cd

1. The waiver must be in the form identified hereof. This form may be reproduced by the Office concerned but there
should be no deviation from such form. The phrase "but not after ______ 19 ___" should be filled up. This indicates the
expiry date of the period agreed upon to assess/collect the tax after the regular three-year period of prescription. The
period agreed upon shall constitute the time within which to effect the assessment/collection of the tax in addition to the
ordinary prescriptive period.

2. The waiver shall be signed by the taxpayer himself or his duly authorized representative. In the case of a
corporation, the waiver must be signed by any of its responsible officials. Acd

Soon after the waiver is signed by the taxpayer, the Commissioner of Internal Revenue or the revenue official authorized by
him, as hereinafter provided, shall sign the waiver indicating that the Bureau has accepted and agreed to the waiver. The
date of such acceptance by the Bureau should be indicated. Both the date of execution by the taxpayer and date of
acceptance by the Bureau should be before the expiration of the period of prescription or before the lapse of the period
agreed upon in case a subsequent agreement is executed.

3. The following revenue officials are authorized to sign the waiver.

A. In the National Office

1. ACIRs for Collection, For tax cases involving


Special Operations, not more than P500,000.00
National Assessment,
Excise and Legal on
tax cases pending before
their respective offices.
In the absence of the ACIR,
the Head Executive Assistant
may sign the waiver.

2. Deputy Commissioner For tax cases involving more


than P500,000.00 but not
more than P1M

3. Commissioner For tax cases involving


more than P1M

B. In the Regional Offices


1. The Revenue District Officer with respect to tax cases still pending investigation and the period to assess is about
to prescribe regardless of amount. Cdasia

2. The Regional Director, the Assistant Regional Director, the Chief, Assessment Branch or the Chief, Legal Branch
with respect to cases still pending review and the period to assess/collect is about to prescribe, regardless of amount.
3. The Regional Director, the Assistant Regional Director, the Chief, Collection Branch or the Chief, Legal Branch with
respect to cases still pending collection and the period to assess/collect is about to prescribe regardless of amount.

4. The waiver must be executed in three (3) copies, the original copy to be attached to the docket of the case, the
second copy for the taxpayer and the third copy for the Office accepting the waiver. The fact of receipt by the taxpayer of
his/her file copy shall be indicated in the original copy.

5. The foregoing procedures shall be strictly followed. Any revenue official found not to have complied with this
Order resulting in prescription of the right to assess/collect shall be administratively dealt with. cdtai
This Revenue Memorandum Order shall take effect immediately.

(Sgd.) JOSE U. ONG


Commissioner of Internal Revenue

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