Rmo 15-2003
Rmo 15-2003
Rmo 15-2003
May 8, 2003
I. OBJECTIVES:
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II. POLICIES:
The ONETT Team members shall be assigned for a period of one (1) month
only without the need of turning over their pending inventory of dockets by virtue of
a Revenue District Special Assignment Order (RDSAO) which shall be issued by the
RDO, copy furnished the Regional Director. The RDSAO shall be deemed
automatically extended until the issuance of another order. The running of the audit
period (i.e. 120-day for cases covered with Letter of Authority) to terminate the audit
shall be suspended while he/she is assigned as member of the ONETT Team.
However, the RDO shall see to it that the ROs assigned to the ONETT Team have no
prescribing cases so as not to unduly delay the submission of the necessary
investigation reports:
In case of absence of the duly designated DV, the RDO may designate a
temporary successor until such time that the Regional Director designates a
permanent one.
7. The counting of the processing period for ONETT shall commence only
upon receipt of complete documentary requirements and payment of tax, if any. The
next working day shall be counted as Day One.
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issuance.
13. Claim Slip (Annex C) shall be issued to the taxpayer or any of his/her
authorized representative immediately upon receipt of complete documentary
requirements and proof of tax payments, if applicable.
14.2 Whenever the taxpayer invokes a special law (such as properties located
in Areas for Priority Development) that will result in payment of a
lesser tax.
In all cases, the ocular inspection hereinabove mentioned shall be done within
the processing period; thus, should not be the cause of the delay in the issuance of
CAR as prescribed in this RMO.
It is to be stressed out, however, that the ROC may decide later for a conduct
of ocular inspection on a selective basis for properties not covered by the requirement
of mandatory ocular inspection.
16. The taxpayer or his authorized representative shall file the return/s and
pay the corresponding tax/es only with the AAB of the city or municipality where the
district office is located. However, where there are no AABs, payment shall be done
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with the RCO/DMT in the city or municipality where the district office is located.
19. As a general rule, CARs shall be issued for all ONETT within five (5)
days from date of receipt of tax returns with complete documentary requirements.
However, for Estate Tax with other related tax liabilities, CARs shall be issued
depending on case classification of the other-related tax liabilities as
presented/provided herein-below and after payment of agreed tax liabilities:
20. The RDO, being the Head of the ONETT Team, shall sign/approve CAR
and Tax Clearance (TCL) for computerized districts. In his absence, the ARDO may
sign the CAR and TCL. However, if the ARDO is designated as the Head, ONETT
Team, the RDO shall sign in his absence.
21. One (1) CAR per RD shall be issued for real property/ies covered by the
transfer. The last item in the CAR shall be followed by the phrase, ". . . NOTHING
FOLLOWS . . .".
22. CARs for Estate and Donor's tax cases shall cover all properties of the
decedent/donor wherever situated and shall be issued by the Revenue District Office
where the ONETT case is processed. There will be as many CARs as there are RDs
involved in the estate tax case or donor's tax case. The use of Confirmation Letter as a
basis for issuance of CAR by the Revenue District Office where the property is
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located is hereby discontinued.
23. CAR/s issued by the district office other than the district office where the
property is located shall be authenticated by the RDO/Head, ONETT Team having
physical jurisdiction over the property/ies considering that it is his/her signature that
is known to the local RD/s. The authentication shall be based only on the
faxed/photocopied CAR/s and TCLs sent by the processing district office or through
the taxpayer or his authorized representative, subject to validation by the
authenticating RDO with the processing district office, if the former so desires.
24. CARs shall now have a validity of one (1) year from date of issue. In case
of failure to present the same to the RD within the one (1) year period, the same shall
be presented for revalidation to the district office where the CAR was issued
following the procedures herein prescribed. The revalidation, evidenced by stamping
the phrase "revalidated on _________ to expire on ________" in a conspicuous space
in the CAR, shall be good for another one-year period, after which the CAR losses its
validity.
a. Estate Tax
b. Donor's Tax
c. Capital Gains Tax on sale of stocks not traded in the Stocks Exchange
27. For transactions with tax payments of less than One Million (P1,000,000)
per case, selective review shall be conducted by the Assessment Division based on the
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selection criteria to be specified in a separate RMO for audit of tax returns or if there
is none, the selection shall be done by the Assessment Division Chief, which is at
least 10% of the dockets submitted on the following cases:
28. The Revenue District Office shall forward the entire dockets of ONETT
cases in batches with issued CARs arranged sequentially every 15th and 30th day of
the month to the Assessment Division using the Transmittal List of ONETT Dockets
(Annex E). The serial numbers of all cancelled and lost CARs shall likewise be
included in the Transmittal List.
29. Any deviation from the provisions of this RMO due to reasons peculiar to
a district office shall require prior approval of the Deputy Commissioner —
Operations Group upon recommendation by the ROC.
30. The ONETT taxpayers may choose to file the return and pay the tax first
with the appropriate BIR collection agent before asking for assistance from the BIR
or may opt to ask assistance first before filing the return. Nonetheless, the required
procedures in the issuance of the CARs shall in all instances be followed.
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furnished Assessment Service;
11. Validate the authenticity of the faxed/photocopied CARs and TCLs sent
by the processing district office or through the taxpayer or his
authorized representative covering the real properties located within the
jurisdiction of his/her district office;
12. Authenticate the CARs and TCLs issued by the other RDOs/Head
ONETT Team/s for real properties located within the jurisdiction of his
district office considering it is his signature that is known to the local
RD/s;
13. Furnish daily the DV photocopied of all CARs and TCLs issued by the
district office including those issued by other district offices received
through fax, covering properties located within the jurisdiction of the
district office, covered by a transmittal list enumerating the CARs
covered by such list;
14. Send through fax, copy furnished Information Systems and Operations
Service (ISOS), CARs and TCLs issued covering properties outside of
the jurisdictional area of the RDO to the concerned RDO where the
property is located before release of CARs and TCLs to the taxpayer. A
copy of the List of CARs Issued being submitted to the Assessment
Service under RMO No. 66-99 shall also be furnished to the ISOS;
15. Approve and sign revalidation of CARs by signing the CARs presented
for revalidation upon verification of office records based on district's
copy/ies of CARs issued;
16. Forward to the ROC through the Regional Director all unresolved
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ONETT issues for resolution;
17. Act on any adverse findings within 24 hours from the discovery thereof;
and
a. Date
b. CDR No.
d. Tax Type
e. C/I (Complete/Incomplete)
f. Assisted by;
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5. Recommend issuance of LA/AN for approval by Head ONETT Team if
the estate has other related tax liabilities;
8. Compute the tax due using the prescribed OCS and submit together with
the CDR and documentary attachments to the Head, ONETT Team for
review and approval;
10. Verify TIN or coordinate with TSS to validate the TIN furnished by
ONETT taxpayer or his representative. Stamp "TIN Verified" on the
OCS if found to be in place/correct. If taxpayer has no TIN, assist the
taxpayer or his representative in requesting for the issuance of a new
TIN from the TSS;
12. Receive from the taxpayer photocopies of the validated returns and
official receipts/deposit slip issued by the AAB/RCO/DMT within the
city or municipality where the district office is located. Check and
verify photocopy/ies from the taxpayer's copy/ies;
Example: RDO 39 South QC issued for July 2002 its first Claim Slip
(CS) as follows:
39-0702-0001
16. Verify collection data thru the facility of ITS, BCS verification, or any
other means of confirming tax payments, before issuance of the CAR
and report immediately to the Head, ONETT Team for appropriate
action, in case collection data is not reflected in the ITS/BCS;
17. Verify the serial number of the ROR from the list provided by the
Administrative Section and ascertain that it is among the Revenue
Official Receipt/s (RORs) requisitioned by the particular issuing
RCO/DMT if payment was made through the RCO/DMT where an
ROR is issued;
20. Prepare CAR for signature and approval of the Head, ONETT Team.
One (1) CAR per Register of Deeds shall be issued for real property/ies
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applied for transfer;
21. Indicate on the middle portion of the CAR its validity which shall be
one (1) year from date of issue;
24. Release approved CAR/s, TCL/s and other related documents after
affixture of P15.00 Documentary Stamp Tax on Certificates (Section
188 of the NIRC of 1997) and the prescribed Certification Fee of One
Hundred Pesos (P100.00) (Executive Order No. 197) to the
taxpayer/authorized representative upon presentation of the CS;
25. Record the completed transaction in the CAR Registry Book (Annex
H);
26. Attach to the specific ONETT docket the duplicate copy/ies of the
return/s; and
27. Prepare transmittal list of dockets per tax type for approval of the RDO
and forward dockets together with the approved transmittal list to the
Assessment Division every 15th and 30th day of the month.
3. Check validity period of CAR presented to the RD, and advise the
taxpayer or his representative to present the CAR to the district office
where the CAR was issued for revalidation, if found to be beyond the
one-year validity period from date of issue;
4. Stamp the CAR with "CAR Verified" at the right side of the seal and
affix signature and date;
8. Monitor and reconcile CARs and TCLs issued by the district office
against CARs and TCLs presented to the RD; and
9. Submit a weekly report to the Head, ONETT Team using the Weekly
Report of CAR Verification (Annex J) of all documents/CARs verified,
copy furnished the Regional Director and the Deputy Commissioner —
Operations Group.
3. Receive accomplished BIR Form No. 1904 and other documents from
the ONETT taxpayer or his representative if taxpayer has no TIN yet;
and
3. Transmit duplicate copy of the return with DLN to the ONETT Team;
and
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AAB/RCO/DMT and forward the same to DPS for further processing;
2. Review and evaluate ONETT dockets received from the district offices
by accomplishing OCS for approval of the Regional Director;
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of deficiency tax noted during review;
7. Forward, together with PAN/FAN, entire docket for the signature of the
Regional Director;
10. Prepare transmittal list of dockets for cases not selected for review as
well as the reviewed cases and forward the same to Administrative
Division for safekeeping. EcTaSC
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3. Refer to the ROWC dockets that warrant further
verification/investigation of ONETT taxpayer;
7. Submit to the National Office on or before the prescribed due dates the
consolidated periodic reports pertaining to transactions or cases covered
by this RMO and those required by relevant RMO already issued.
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8. Assign DV in each Register of Deeds.
IV. SANCTIONS:
Any unauthorized deviation from the foregoing policies and instructions and/or
violation of any provision of this Order will result in the imposition of disciplinary
action to the concerned revenue officers and officials and shall be referred by the
concerned Regional Director thru the ACIR, Assessment Service, to the Inspection
Service or any other Service/Office which has supervision over all the regional offices
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for appropriate investigation. In this regard; the relief, reassignment, or transfer of any
revenue official violating any of the provisions and instructions prescribed in this
Order may be recommended to the Commissioner of Internal Revenue.
V. TRANSITORY PROVISIONS:
4. The existing forms shall be used if the CAR specifically prescribed for
ONETT is not yet available. The Revenue District Office shall assign
sequentially numbered CARs that shall be used for ONETT and shall be
reported accordingly.
5. For purposes of revalidation, all CARs issued prior to this RMO shall be
valid only up to such period as prescribed in Revenue Regulations No.
24-2002.
In case of failure to present the CAR to the Register of Deeds within the
one-year validity period, the same may still be revalidated, but the total
period of validity can not exceed two years counted from the date of
issuance of the CAR.
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The provisions of RMO No. 53-98 , RMO No. 66-99 and other existing
issuances inconsistent herewith are hereby repealed, amended or modified.
VII. EFFECTIVITY:
This Order shall take effect immediately and the new procedures shall be
implemented nationwide starting June 1, 2003. TIHDAa
ANNEX A
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ANNEX A-1
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ANNEX A-2
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ANNEX A-3
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ANNEX A-4
Checklist of Documentary Requirements (CDR) on Sale of Real Property for Tax Exempt
Sale of Principal Residence
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ANNEX A-5
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ANNEX A-6
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ANNEX A-6-1
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ANNEX A-7
Checklist of Documentary Requirements (CDR) on Sale of Shares of Stocks not Traded Thru
Stock Exchange
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ANNEX A-8
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ANNEX B-1
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ANNEX B-2
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ANNEX B-3
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ANNEX B-4
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ANNEX C
Claim Slip
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ANNEX D
ANNEX E
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Transmittal List of ONETT Dockets
ANNEX F
CDR Logbook
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ANNEX G
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ANNEX H
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ANNEX I
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ANNEX J
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ANNEX K
Report of CAR Issued on Availment of Section 24(D) (2) of 1997 NIRC per Revenue
Memorandum Circular No. 14-2001
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ANNEX L
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One-Time Transaction (ONETT) Process Flowchart Estate w/ other Tax Liabilities
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ANNEX L-1
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ANNEX M
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ANNEX N
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ANNEX O
Survey-Questionnaire
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Endnotes
1 (Popup - Popup)
Annex A
Annex A-1
Annex A-2
Annex A-3
Annex A-4
Annex A-5
Annex A-6
Annex A-6-1
Annex A-7
Annex A-8
Annex B
Annex C
Annex D
Annex E
Annex F
Annex G
Annex H
Annex I
Annex J
Annex K
Annex L
Annex L-1
Annex M
Annex N
Annex O
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