Friday, April 19, 2019

Settle your delinquent taxes NOW!

People had a sigh of relief when the Tax Amnesty Act (RA 11213) was passed.  We then waited with bated breath wondering when the Implementing Rules and Regulations (IRR) would come out.




Last April 8, 2019, we were greeted with good news.  The first IRR finally came out.  BIR's Revenue Regulation No. 4-2019 ("RR"), however, implements only a portion of the Tax Amnesty Act, specifically the settlement of your tax delinquencies.  

Remember that tax amnesty does not mean that you can go scot-free from your delinquencies: it means that the government will take you off the hook if you pay a certain amount and allow yourself to be subjected to various requirements.  This amnesty applies to taxable year 2017 and earlier.

To put a long story short, below is the list of covered tax delinquencies with the rates required to be paid:


A. Delinquent accounts and assessments which have become final and executory - 40% of the basic tax assessed;
B. Tax cases subject of final and executory judgment by the courts - 50% of the basic tax assessed;
C. Pending Criminal Cases filed with the DOJ/Prosecutor's Office or the courts for tax evasion and other criminal cases under Chapter II of Title X and Section 275 of the Tax Code, as amended - 60% of the basic tax assessed; and
D. Withholding agents who withheld taxes but failed to remit to the BIR - 100% of the basic tax assessed, even if the taxes shall fall under letters (A), (B) or (C) above.