REVENUE REGULATIONS NO. 7-2013 issued on April 29, 2013 prescribes the policies and
guidelines for the abatement of surcharges, interests and compromise penalties in relation to the
filing of 2012 tax returns of Philippine nationals and alien individuals employed by foreign
governments/embassies/diplomatic missions and international organizations situated in the
Philippines.
The foreign governments/embassies/diplomatic missions and international organizations,
as employers of the concerned individuals, shall submit to the Office of the Commissioner of
Internal Revenue (OCIR) a Summary List of Employees as of December 31, 2012 (using the
prescribed format) on or before May 10, 2013. Only those employees who are included in the
said list may avail of abatement of surcharges, interests and compromise penalties under the
Regulations.
International organizations whose non-Filipino employees enjoy immunity from taxation
in accordance with the provisions of related international agreements or domestic laws need not
submit information on their non-Filipino employees.
Employees-taxpayers covered by Revenue Memorandum Circular No. 31-2013 who
failed to file their returns and/or declare the correct amount of income on his/her original returns
covering taxable year 2012 may file their original or amended returns, as the case may be, and
pay the tax due thereon on or before May 15, 2013. No surcharges and interests, as mandated
under Sections 248 and 249 of the Tax Code, shall be imposed. Further, no compromise penalty
prescribed under Revenue Memorandum Order No. 19-2007 shall be assessed upon filing
thereof. The abatement of surcharges, interests and compromise penalties are subject to the
following conditions:
a. The taxpayer must have duly registered with the BIR under the procedures prescribed
in pertinent issuances;
b. The taxpayer is included in the Summary List of Employees as of December 31, 2012
submitted by Foreign Governments/Embassies/Diplomatic Missions and International
Organizations;
c. The return must be filed and the basic tax due thereon must be fully paid not later
than May 15, 2013. In lieu of full payment, the taxpayer has the option to pay the tax
due on installment basis under Section 56 (A)(2) of Tax Code.
d. On or before May 15, 2013, the taxpayer shall file a Declaration of Availment of
Abatement (in triplicate copies) under these Regulations with the following
attachments:
i. Photocopy of the return filed together with attachments required under pertinent
revenue issuances;
ii. Proof of full payment of taxes or, in the case of payment by installment, proof of
partial payment of taxes; and
iii. Notarized certificate issued by taxpayer’s employer and duly confirmed by the
employee containing the monthly breakdown of salaries, emoluments and
monetary benefits received by the taxpayer during the 2012 calendar year.
e. No Letter of Authority, Tax Verification Notice, Audit Notice, Letter Notice, or
discrepancy notices of whatever nature has/have been served on the taxpayer
concerned covering the 2012 calendar year pursuant to Section 6(A) of the Tax Code;
and
f. The taxpayer is not the subject of any pending criminal case for tax evasion and other
criminal offenses under the Tax Code covering the 2012 calendar year, whether filed
in court or in the Department of Justice or subject of final and executory judgment by
court.
The filing of original returns or amended returns, as the case may be, and the payment of
deficiency taxes made pursuant to the Regulations presupposes full and accurate disclosure by
the concerned employees. It shall not preclude the BIR from investigating the correctness of such
returns or sufficiency of the attachments, and/or availing the remedies provided for under the
Tax Code.
The Commissioner shall constitute a Technical Working Committee (TWC) for the
review of all Declaration of Availment of Abatement filed by availing taxpayers. The TWC shall
send a notification to the concerned taxpayer that the availment of abatement under the
Regulations was approved/disapproved by the Commissioner. In case of approval or disapproval,
the TWC shall issue a certification of the acceptance and approval or a notice of disapproval
thereof.