REVENUE MEMORANDUM ORDER NO. 14-2007 issued on July 13, 2007
prescribes additional procedures to detect the presence of “Fly-by-Night” taxpayers in the
current database of the BIR and to thwart their subsequent request to secure Authority to
Print (ATP) sales invoices/ official receipts.
“Fly-by-Night” business entities are taxpayers who do not have any legitimate
businesses but nevertheless register themselves with the BIR just for the sole purpose of
securing from the Bureau sales invoices and/or receipts which they subsequently sell to
others. These taxpayers, upon inspection, cannot be located in their registered addresses
and intentionally do not file the tax returns required by the Agency as registered
taxpayers, but have conveniently utilized BIR registered-invoices/receipts for fictitious
anomalous transactions, for a price or a fee.
All new business registrants for a given month should be included in the monthly
tax mapping operations regularly conducted by the Revenue District Office/Large
Taxpayer Service (RDO/LTS) office that has jurisdiction over the physical location of the
establishment. An ocular inspection should be done to verify actual physical existence of
the business of the taxpayer in the registered address and to further determine whether
there have been movements since the time the same have been registered. If it is found
that the business of a particular taxpayer is no longer in the place where it has been
registered with no corresponding communication given to the concerned RDO/LTS office
as to the change of address or cessation of business, such taxpayer must be monitored
strictly in terms of its compliance with the filing of returns/declarations and payments of
taxes and its subsequent request for ATP sales invoices/official receipts.
In addition to the documentary requirements provided under existing rules and
regulations, all taxpayers subsequently applying to secure ATP sales invoices/official
receipts shall submit the following:
a. photocopy of latest annual Income Tax return filed;
b. photocopy of Value-Added Tax (VAT) returns filed within a 12-month
period where the last month pertains to the month preceding the month when
the request for ATP is made, if the request for ATP pertains to VAT
sales invoice or VAT official receipt; and/or
c. photocopy of Percentage Tax returns filed within a 12-month period where
the last month pertains to the month preceding the month when the request
for ATP is made, if the request for ATP pertains to Non-VAT sales invoice or
Non-VAT official receipt on transactions subject to Percentage Tax under
Title V of the Tax Code, as amended.
If no returns can be presented by the taxpayer, he shall be required to file all the
returns that he/it failed to file since the time it registered with the concerned RDO/LTS
office and shall pay the corresponding deficiency taxes due thereon. Used sales
invoices/official receipts may be requested to validate the correctness of the declarations
made on the returns filed.
In cases where the taxpayer applying for a subsequent issuance of ATP sales
invoices/official receipts is a newly registered taxpayer for less than one (1) year prior
to the subsequent request for ATP sales invoices/official receipts, he/it shall only be
required to present photocopies of the aforementioned returns filed from the time of
his/its registration up to the month preceding the month when such subsequent request for
ATP sales invoices/receipts is made.
The ATP sales invoices/official receipts being applied for shall be issued within
one (1) day after submission of all the requirements by the taxpayer after the above tax
returns have been validated in the Integrated Tax System (ITS) or validated to have been
filed in a non-ITS district office. In instances where the returns filed reflect taxes due
that have remained unpaid as of the time of application, taxpayer should first be required
to pay the unpaid taxes reflected on the returns before his/its subsequent request for
ATP sales invoices/receipts may be given due course
Registrants who have been identified as utilizing their BIR registration and
registered sales invoices/official receipts for unscrupulous and fraudulent transactions
shall be referred by the head of the concerned RDO/LTS office to the Legal Division of
the Region/Legal Service of the National Office for criminal prosecution. Likewise, any
taxpayer found to be utilizing such sales invoices/receipts from these illegitimate
registrants for the purpose of claiming input taxes and/or deductions from taxable income
shall be dealt with accordingly.