REVENUE MEMORANDUM ORDER NO. 14-2016 issued on April 18, 2016 revises the
guidelines for the execution of waivers from the defense of prescription pursuant to Section 222
of the National Internal Revenue Code (NIRC) of 1997, as amended.
The waiver may be, but not necessarily, in the form prescribed by Revenue Memorandum
Order No. 20-90 or Revenue Delegation Authority Order No. 05-01. The taxpayer’s failure to
follow the aforesaid forms does not invalidate the executed waiver for as long as the following are
a) The Waiver of the Statute of Limitations under Section 222 (b) and (d) shall be
executed before the expiration of the period to assess or to collect taxes. The date of
execution shall be specifically indicated in the waiver.
b) The waiver shall be signed by the taxpayer himself or his duly authorized
representative. ln the case of a corporation, the waiver must be signed by any of its
c) The expiry date of the period agreed upon to assess/collect the tax after the regular
three-year period of prescription should be indicated.
Except for waiver of collection of taxes which shall indicate the particular taxes assessed,
the waiver need not specify the particular taxes to be assessed nor the amount thereof, and it may
simply state “all internal revenue taxes” considering that during the assessment stage, the
Commissioner of Internal Revenue (CIR) or her duly authorized representative is still in the
process of examining and determining the tax liability of the taxpayer.
The taxpayer is charged with the burden of ensuring that the waivers of statute of limitation
are validly executed by its authorized representative. The authority of the taxpayer’s representative
who participated in the conduct of audit or investigation shall not be thereafter contested to
invalidate the waiver. The waiver may be notarized. However, it is sufficient that the waiver is in
writing as specifically provided by the NIRC, as amended. The waiver shall take legal effect and
be binding on the taxpayer upon its execution thereof.
lt shall be the duty of the taxpayer to submit its duly executed waiver to the CIR or officials
previously designated in existing issuances or the concerned revenue district officer or group
supervisor as designated in the Letter of Authority/Memorandum of Assignment who shall then
indicate acceptance by signing the same. Such waiver shall be executed and duly accepted prior
to the expiration of the period to assess or to collect. The taxpayer shall have the duty to retain a
copy of the accepted waiver.
The two (2) material dates that need to be present on the waiver are the date of execution
of the waiver by the taxpayer or its authorized representative; and the expiry date of the period the
taxpayer waives the statute of limitations. Before the expiration of the period set on the previously
executed waiver, the period earlier set may be extended by subsequent written waiver made in
accordance with this Order.