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| Bureau of Internal Revenue Philippines |
A. For
late filing of Tax Returns with Tax Due to be paid, the following
penalties will be imposed upon filing, in addition to the tax due:
1.
Surcharge
NIRC SEC. 248. - Civil Penalties.
(A)
There shall be imposed, in addition to the tax required to be paid, a penalty
equivalent to twenty-five percent (25%) of the amount due, in the following
cases:
(1)
Failure to file any return and pay the tax due thereon as required under the
provisions of this Code or rules and regulations on the date prescribed; or
(2)
Unless otherwise authorized by the Commissioner, filing a return with an
internal revenue officer other than those with whom the return is required to
be filed; or
(3)
Failure to pay the deficiency tax within the time prescribed for its payment in
the notice of assessment; or
(4)
Failure to pay the full or part of the amount of tax shown on any return
required to be filed under the provisions of this Code or rules and
regulations, or the full amount of tax due for which no return is required to
be filed, on or before the date prescribed for its payment.
2.
Interest
NIRC SEC. 249. Interest. -
(A) In General. - There shall be
assessed and collected on any unpaid amount of tax, interest at the rate of
twenty percent (20%) per annum, or such higher rate as may be prescribed by
rules and regulations, from the date prescribed for payment until the amount is
fully paid.
3.
Compromise
NIRC SEC. 255. Failure to File Return, Supply Correct and Accurate
Information, Pay Tax Withhold and Remit Tax and Refund Excess Taxes Withheld on
Compensation. - Any person required under
this Code or by rules and regulations promulgated thereunder to pay any tax
make a return, keep any record, or supply correct the accurate information, who
willfully fails to pay such tax, make such return, keep such record, or supply
correct and accurate information, or withhold or remit taxes withheld, or
refund excess taxes withheld on compensation, at the time or times required by
law or rules and regulations shall, in addition to other penalties provided by
law, upon conviction thereof, be punished by a fine of not less than Ten
thousand pesos (P10,000) and suffer imprisonment of not less than one (1) year
but not more than ten (10) years.
Any
person who attempts to make it appear for any reason that he or another has in
fact filed a return or statement, or actually files a return or statement and
subsequently withdraws the same return or statement after securing the official
receiving seal or stamp of receipt of internal revenue office wherein the same
was actually filed shall, upon conviction therefor, be punished by a fine of
not less than Ten thousand pesos (P10,000) but not more than Twenty thousand
pesos (P20,000) and suffer imprisonment of not less than one (1) year but not
more than three (3) years.
In
addition, Annex A of Revenue Memorandum Order (RMO) No. 19-2007 provides for
the Consolidated Revised Schedule of Compromise Penalties for Violations of the
National Internal Revenue Code (NIRC), which can be accessed via this
link: Annex A
From
page 1, last paragraph in Annex A of RMO No. 19-2007
TAX CODE SEC
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NATURE OF
VIOLATION
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CRIMINAL PENALTY
IMPOSED
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AMOUNT OF
COMPROMISE
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255
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Failure to file and/or pay any internal revenue tax at
the time or times required by law or regulation
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Fine of not less than P10,000 and imprisonment of not less than one
(1) year but not more than 10 years
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If the amount of tax unpaid
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Exceeds
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But does not exceed
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Compromise is
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P x x x
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P 500
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P 200
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500
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1,000
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400
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1,000
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2,000
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700
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2,000
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5,000
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1,000
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5,000
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7,500
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1,500
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7,500
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10,000
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2,000
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10,000
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15,000
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3,000
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15,000
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20,000
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4,000
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20,000
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30,000
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6,000
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30,000
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50,000
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8,500
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50,000
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100,000
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12,000
|
|||
100,000
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500,000
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16,000
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|||
500,000
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1,000,000
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20,000
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|||
1,000,000
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5,000,000
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25,000
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5,000,000
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x x x
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50,000
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B. For
late filing of Tax Returns with NO Tax Due to be paid, the
compromise penalty will be imposed upon filing of the Tax Return based on the
following:
1. For
violations of the NIRC provisions which are subject to compromise, the
reference is found in page 2 of Annex A of RMO No. 19-2007.
TAX CODE SEC
|
NATURE OF
VIOLATION
|
CRIMINAL PENALTY
IMPOSED
|
AMOUNT OF
COMPROMISE
|
||
255
|
Failure to make/file/submit any return or supply correct information
at the time or times required by law or regulation
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Fine of not less than P10,000 and imprisonment of not less than one
(1) year but not more than ten (10) years
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If gross annual sales, earnings or receipts; or gross estate or
gift
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Exceeds
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But does not exceed
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Compromise is
|
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P x x x
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P 10,000
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P 200
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|||
10,000
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20,000
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400
|
|||
20,000
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30,000
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600
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30,000
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50,000
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1,000
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50,000
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75,000
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1,500
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75,000
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100,000
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2,000
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100,000
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300,000
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3,000
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300,000
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500,000
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5,000
|
|||
500,000
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1,000,000
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7,500
|
|||
1,000,000
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5,000,000
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10,000
|
|||
5,000,000
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10,000,000
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15,000
|
|||
10,000,000
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25,000,000
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20,000
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25,000,000
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x x x
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25,000
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2. For
violations of the NIRC provisions which may be the subject of criminal actions,
Section 250 of the NIRC will apply as follows:
NIRC SEC. 250. Failure to File Certain Information Returns. - In the case of each failure to file an information return, statement or list, or keep any record, or supply any information required by this Code or by the Commissioner on the date prescribed therefor, unless it is shown that such failure is due to reasonable cause and not to willful neglect, there shall, upon notice and demand by the Commisssioner, be paid by the person failing to file, keep or supply the same, One thousand pesos (1,000) for each failure: Provided, however, That the aggregate amount to be imposed for all such failures during a calendar year shall not exceed Twenty-five thousand pesos (P25,000).
NIRC SEC. 250. Failure to File Certain Information Returns. - In the case of each failure to file an information return, statement or list, or keep any record, or supply any information required by this Code or by the Commissioner on the date prescribed therefor, unless it is shown that such failure is due to reasonable cause and not to willful neglect, there shall, upon notice and demand by the Commisssioner, be paid by the person failing to file, keep or supply the same, One thousand pesos (1,000) for each failure: Provided, however, That the aggregate amount to be imposed for all such failures during a calendar year shall not exceed Twenty-five thousand pesos (P25,000).
C. For
late filing of Statements / Reports required to be filed with NO Tax Due to be
paid, the compromise penalty will be imposed upon filing of the Tax Return
based on the following:
NIRC SEC. 275. Violation of Other Provisions of this Code or Rules and
Regulations in General. - Any person who
violates any provision of this Code or any rule or regulation promulgated by
the Department of Finance, for which no specific penalty is provided by law,
shall, upon conviction for each act or omission, be punished by a fine of not
more than One thousand pesos (P 1,000) or suffer imprisonment of not more than
six (6) months, or both.
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