REVENUE REGULATIONS NO. 3-2007 issued on February 14, 2007 provides the policies,
guidelines and procedures in the implementation of the Expanded One-Time Administrative
Abatement of all penalties/surcharges and interest on delinquent accounts and assessments.
The following are the cases covered under the said program:
a. Delinquent Accounts/Accounts Receivable Cases, except those cases where the
Presidential Commission on Good Government (PCGG) has an interest and/or there
is a need to coordinate with the PCGG;
b. Income Tax 2nd Installment Cases;
c. Dishonored Checks Cases;
d. Cases under administrative protest pending in the Regional Offices (ROs), Revenue
District Offices (RDOs), Legal Service, Large Taxpayers Service (LTS), Collection
Service, Enforcement Service and other offices in the National Office (NO), except
those cases where the PCGG has an interest and/or there is a need to coordinate with
the PCGG;
e. Assessed cases, whether preliminary or final, disputed or not, as of November 30,
2006, except those cases where the PCGG has an interest and/or there is a need to
coordinate with the PCGG;
f. Collection and civil tax cases being disputed before the Department of Justice and the
courts (e.g., Municipal Trial Court, Regional Trial Court, Court of Tax Appeal, Court
of Appeals and Supreme Court) including decided cases which are not yet final and
executory, except those cases where the PCGG has an interest and/or there is a need
to coordinate with the PCGG;
g. Cases with pending request for Compromise Settlement under Revenue Regulations
(RR) No. 6-2000, RR No. 7-2001 and RR No. 30-2002 as amended by RR No. 8-
2004 and other prior years’ issuances. However, request for compromise settlement
pursuant to the aforementioned Regulations, where the amount offered is more than
100% of the basic tax which has already been approved shall not be covered by these
Regulations;
h. Cases with pending request for abatement under RR No. 13-2001. However, request
for abatement pursuant to the aforementioned RR, which has already been approved
shall not be covered by these Regulations;
i. Failure to withhold Withholding Taxes discovered upon audit;
j. Criminal violations, (except those already filed in court, those involving criminal tax
fraud, those under the BIR Run After Tax Evaders Program and tax fraud cases which
are the results of confidential information, unless allowed to avail by the
Commissioner or his representative on meritorious grounds);
k. Letter Notice Cases;
l. “Accounts Payable or Due to BIR” account duly recorded or acknowledged by the
taxpayer in his books of accounts;
m. Taxpayers who have been paying their tax liabilities through an approved installment
plan; provided, they have paid 100% or more of the basic tax as originally assessed,
and provided further that they will waive any claim for refund of what they may have
already paid;
n. Government Withholding Agents (e.g. Non-Governmental Agencies, GovernmentOwned and Controlled Corporations, Local Government Units, etc.) or any
delinquent taxpayers who have already remitted 100% of the basic withholding tax
and was assessed penalties (surcharge, interest and compromise penalties) for late
payment. In this case, the interest assessed shall be considered as the basic tax which
should be paid to be able to avail of this Program.
Any person/taxpayer, natural or juridical, may settle through the Abatement Program any
delinquent account or disputed assessment where the Assessment Notice has been released as of
November 30, 2006, by paying an amount equal to 100% or more of the Basic Tax assessed with
the Accredited Agent Bank (AAB) of the RDO/LTS/Large Taxpayers District Office (LTDO)
that has jurisdiction over the taxpayer. In the absence of an AAB, payment may be made with the
Revenue Collection Officer/Deputized Treasurer of the RDO that has jurisdiction over the
taxpayer. After payment of the basic tax, the assessment for penalties/surcharge and interest shall
be cancelled by the concerned BIR office following existing rules and procedures. Thereafter,
the docket of the case shall be forwarded to the Office of the Commissioner, thru the Deputy
Commissioner for Operations Group, for issuance of Termination Letter.
The Abatement Program shall include taxpayers who have already paid any portion of the
increments (surcharge, interest, etc.) on their tax liabilities; provided, they will waive any claim
for refund of paid amount in excess of 100% of the basic tax paid.
Taxpayers with existing tax case(s) on which the PCGG has/have an interest are not
covered by the said Program.
All applications shall be filed, accepted and processed with the following offices:
a. Revenue District Office– for regional accounts under its jurisdiction;
b. Assessment Division– for RO cases with administrative protest;
c. Legal Division–for RO cases with judicial protest or for judicial action or with
administrative protest involving legal issues;
d. Collection Service–for delinquent accounts under the jurisdiction of the National
Office other than LTS cases;
e. Large Taxpayers Service–for large taxpayers cases under the jurisdiction of the Large
Taxpayers Service;
f. Legal Service–for NO cases that are for judicial action or with judicial protest and/or
administrative protest involving legal issue;
g. Enforcement Service–for tax cases handled by the National Investigation Division of
the NO.
Notwithstanding the said provisions, the office which has possession of the docket of the
case shall receive and process all applications for abatement of penalties/surcharge and interest
on delinquent accounts and assessed tax cases.
Upon filing of the application for/acceptance of the offer to avail of the Abatement
Program, the amount offered in complete settlement of the delinquent account/assessed tax cases
shall be paid with the AABs located within the jurisdiction of the RDO/LTS/LTDO where the
taxpayer is registered. In the absence of AABs, the payment may be made to the Revenue
Collection Officer/Deputized Treasurer of the City/Municipality of the RDO/LTDO that has
jurisdiction over the taxpayer.
Staggered payments of the amounts payable under the Program may be considered on a
case to case basis in accordance with the existing Regulations of the Bureau of Internal Revenue
upon approval of the Regional Director for regional cases, and concerned Assistant
Commissioner (LTS, Collection, Legal, or Enforcement), for NO cases. Nonetheless, cases
pending in courts shall not be withdrawn unless the concerned taxpayer fully pays 100% of the
basic tax.
If the amount, as abated, is not paid as required, the approved staggered payment is
automatically nullified and the delinquent account or assessment shall be reverted to the original
assessed amount plus the statutory increments incident to delinquency, which shall be collected
thru the summary remedies and/or judicial processes provided for by law.
The Regulations shall remain in force until March 31, 2007 subject to extension by the
Commissioner of Internal Revenue on meritorious grounds.