REVENUE REGULATIONS NO. 9-2010 issued on September 13, 2010 provides the policies and guidelines for the abatement of surcharges and/or compromise penalties in relation to the filing of tax returns and payment of taxes under certain conditions. Taxpayers who failed to file their returns and/or pay the correct taxes due may file their returns and pay the deficiency taxes due, inclusive of interests. No surcharges and compromise penalty shall be imposed, provided that the following conditions are complied with: a. The return is filed and the full payment of the tax, inclusive of interest due thereon, is received by the BIR not later than October 29, 2010; b. No Letter of Authority (LA), Tax Verification Notice (TVN), Audit Notice (AN), Letter Notice (LN), or discrepancy notices of whatever nature has/have been served on the taxpayer concerned for the tax period for which a return is being filed for; c. The tax type involved is not the subject of any pending criminal case for tax evasion and other criminal offenses under the National Internal Revenue Code (NIRC) of 1997, as amended, filed in court or in the Department of Justice (DOJ) or subject of final and executory judgment by court; d. If the return or deficiency tax payment arises from or relates to an importation, the taxpayer must file the return and pay the tax to the BIR; and e. The taxpayer executes a Declaration of Availment of Abatement under the Regulations with the following attachments: i. Photocopy of the return filed, together with attachments required under pertinent revenue issuances; and ii. Proof of payment of taxes Taxpayers who desire to rectify their returns and pay the correct taxes due may file amended returns and pay the deficiency taxes due thereon, inclusive of interests on the upward adjustments. No compromise penalty prescribed shall be imposed provided that the following conditions are complied with: a. The amended return is filed and the full payment of the deficiency tax, inclusive of interest due thereon, is received by the BIR not later than October 29, 2010; b. The amendment made on the return involves an upward adjustment of the amount pertaining to the gross sales/revenues/receipts and/or a downward adjustment of deductions from the gross revenue/receipts or reduction in tax credits; or upward adjustments of both gross sales/revenues/receipts and deductions; provided that in all cases, the amendment or adjustment will result to an additional tax payment; c. No LA, TVN, AN, LN, or discrepancy notices of whatever nature has/have been served on the taxpayer concerned for the tax period for which an amendment is being filed for; d. The return to be amended and/or the tax type involved is not the subject of any pending criminal case for tax evasion and other criminal offenses under the NIRC, as amended, filed in court or in the DOJ or subject of final and executory judgment by court; e. If the amended return or deficiency tax payment arises from or relates to an importation, the taxpayer must file the amended return and pay the tax to the BIR; and f. The taxpayer executes a Declaration of Availment of Abatement with the following attachments: i. Photocopy of the original return filed and proof of payment of taxes; ii. For amended returns arising from or relating to an importation – proof of previous payments of duties and taxes paid to the Bureau of Customs; iii. Photocopy of the amended return filed together with attachments required under pertinent revenue issuances; and iv. Proof of payment of taxes for the amended tax return. The filing of original returns/amended returns and payment of deficiency taxes made pursuant to the Regulations presupposes full and accurate disclosure by the taxpayer, and shall not preclude the BIR from investigating the correctness of such returns or sufficiency of the attachments, and/or prosecuting criminal violations in appropriate cases under the NIRC, as amended. The procedures in the filing of the original returns/amended returns and payment of corresponding tax are specified in the Regulations.