Ac 5288
Ac 5288
Ac 5288
No. 30-2002
Issued: December 26, 2002
Sections 7(c), 204(A) and 290
of the National Internal
Revenue Code of 1997 on
Compromise
Settlement of Internal
Revenue Tax Liabilities
Superseding
Revenue Regulations Nos. 6-
2000 and 7-2001.
SECTION 1. SCOPE AND
OBJECTIVES.
• To implement Sections 7(c), 204(A) and 290 of the National Internal
Revenue Code of 1997.
• Superseding Revenue Regulations (RR) Nos. 6-2000 and 7-2001
• CIR has been granted the power to compromise payments of internal
revenue tax liabilities of certain taxpayers with outstanding receivable
accounts and disputed assessments with the Bureau of Internal
Revenue and the Courts.
SEC. 2. CASES WHICH MAY BE
COMPROMISED.
1. Delinquent accounts;
2. Cases under administrative protest after issuance of the Final
Assessment Notice to the taxpayer which are still pending in the
Regional Offices, Revenue District Offices, Legal Service, Large
Taxpayer Service (LTS), Collection Service, Enforcement Service and
other offices in the National Office;
3. Civil tax cases being disputed before the courts;
4. Collection cases filed in courts;
5. Criminal violations, other than those already filed in court or those
involving criminal tax fraud.
Exceptions
1. Withholding tax cases, unless the applicant-taxpayer invokes
provisions of law that cast doubt on the taxpayer’s obligation to
withhold;
2. Criminal tax fraud cases confirmed as such by the Commissioner of
Internal Revenue or his duly authorized representative;
3. Criminal violations already filed in court;
4. Delinquent accounts with duly approved schedule of installment
payments;
Exceptions
5. Cases where final reports of reinvestigation or reconsideration have been issued
resulting to reduction in the original assessment and the taxpayer is agreeable
to such decision by signing the require agreement form for the purpose. On
the other hand, other proteste cases shall be handled by the Regional
Evaluation Board (REB) or the National Evaluation Board (NEB) on a case to case
basis;
6. Cases which become final and executory after final judgment of a court, where
compromise is requested on the ground of doubtful validity of the
assessment; and
7. Estate tax cases where compromise is requested on the ground of financial
incapacity of the taxpayer.
SEC. 3. BASIS FOR ACCEPTANCE OF COMPROMISE
SETTLEMENT.
The provisions of these Regulations shall take effect after fifteen (15)
days following publication in any newspaper of general circulation.
EXCEPT for cases the compromise of which have been confirmed by the
Secretary of Finance in which case these Regulations shall take effect
immediately upon publication
Revenue Regulation
No. 8-2004
Sec 3 BASIS FOR ACCEPTANCE OF COMPROMISE
SETTLEMENT.