Compromise penalties for non-submission of SLSPs, alphalists and other violations (RMC No. 7-2015, March 23, 2015)
The following major changes were introduced in the revised schedule of compromise penalties :
1. P1,000 per failure to submit per return or per information, up to P25,000 per year for each category. One information per buyer/seller is one offense.
a. Summary List of Sales and Purchases/Importation (SLSP/I), and annual alphalist of payees and employees
b. Correct and accurate information in the SLSP/I and alphalists
c. Other information returns, schedules, reports, sworn statements, certifications and other required documents and failure to keep any required record
d. Correct and accurate information in the reports under ( c) above
2. The following are considered willful failure (fraud), and cannot be compromised:
a. Two non-submissions in a taxable year for SLSP/Is
b. Non-submission in two consecutive years for the alphalists
c. Not in the required format
3. Subsequent offenses (second or third) not subject to compromise for violations relating to:
a. Failure to issue receipts; incomplete information; and using multiple sets of receipts
b. Printing receipts without BIR permit, in multiple booklets or not in the required format
c. Failure to obey summons to testify, produce books or furnish information
d. Exciseable articles.
e. Internal revenue stamps
4. For several violations (e.g, unlawful possession of cigarette paper in bobbins or rolls, cigarette tipping paper or cigarette filter tips; unlawful use of denatured alcohol, etc.), in addition to the compromise penalties, the RMO also provided for forfeiture of unlawful articles/ items.
5. Increasing the minimum amount of compromise penalty from P200 to P1,000;
6. Re-bracketing of compromise schedules;
This order directed revenue officers to apply the penalties uniformly. However, a higher amount can be accepted. A compromise offer lower than prescribed may be accepted after approval of the Commissioner of Internal Revenue or the concerned Deputy Commissioner/Assistant Commissioner/Regional Director.
Compromise penalties are amounts that a taxpayer may pay for certain offenses punishable under the Tax Code, which, if accepted by the BIR, will be in lieu of criminal prosecution. Although not legally imposable (the taxpayer may or may not pay it), compromise penalties are consistent with the Commissioner's power to compromise internal revenue violations.
This order shall take effect immediately.