InTAX: August 2021 Issue 2 | Volume 2

 

Department of Finance

 

The Department of Finance (DOF) issued the following:

Revenue Regulations (RR) No. 16-2021, 3 August 2021, amending the pertinent provisions of RR Nos. 2-2006 and 11-2013, as previously amended by RR No. 1-2015, on the manner of submission of Certificate of Creditable Tax Withheld copies at Source (BIR Form No. 2307) and Certificate of Compensation Payment/Tax Withheld For Compensation Payment With or Without Tax Withheld (BIR Form No. 2316) to the Bureau of Internal Revenue (BIR).

In lieu of the submission of BIR Form No. 2307 hard copies as an attachment to Summary Alphalist of Withholding Tax (SAWT) and the BIR Form No. 2316 which are submitted by employers in cases covered by the substituted filing, the scanned original copies of said forms shall be submitted using the file format and naming conventions prescribed under the available modes or submission facilities of the BIR, in accordance with revenue issuances governing these modes and facilities.

This shall apply to all taxpayers whether registered with the Large Taxpayers Service of the BIR or not, and shall take effect 15 days following the publication in leading newspapers of general circulation.

RR No. 17-2021, 3 August 2021, to implement the extension of the Estate Tax Amnesty pursuant to Republic Act (RA) No. 11569 which amended RA No. 11213 (Tax Amnesty Act).

Among the salient amendments in relation to the extended amnesty period are as follows:

1.  The duly accomplished and sworn Estate Tax Amnesty Return (ETAR or BIR Form No. 2118-EA) shall be filed together with the Acceptance Payment Form (APF-BIR Form No. 0621-EA) and complete documents (as enumerated in the ETAR) not later than 14 June 2023.

2.  Within five (5) working days from the receipt of documents, the concerned RDO shall either endorse the APF for payment of the estate amnesty tax with the Authorized Agent Banks (AABs) / Revenue Collection Officers (RCOs) or shall notify the taxpayer of any deficiency in the application.

3.  Until such time that the eCAR system is capable of generating one (1) eCAR for all properties covered by a single transaction, one (1) eCAR shall be issued per real property, including the improvements, if any, covered by Original Certificate of Title/Transfer Certificate of Title/Condominium Certificate of Title or Tax Declaration for untitled properties. For personal properties included in the estate, a separate eCAR shall be issued.

4.  The eCAR shall only be issued upon submission of the proof of estate settlement [e.g., Extra- Judicial Settlement of Estate (EJS), Copy of Court Order]. Properties not indicated in the ETAR filed shall be excluded from the eCAR, unless additional estate tax amnesty payment will be made if the submission is within the amnesty period. Otherwise, the additional estate tax to be paid for the additional properties indicated in the EJS or Court Order shall be subject to applicable estate tax including interests and penalties.

Except for the amendments made in Sections 9, 12 and 13 of RR No. 6-2019, the provisions of existing revenue issuances to implement and to clarify the Estate Tax Amnesty under RA No. 11213 shall be continuously applied to the extended amnesty period.

These Regulations shall take effect within 15 days from date of its publication in the newspaper of general circulation or Official Gazette.

(RGM & Co. Note: The RRs were published in Philippine Star on 4 August 2021)

 

Attached is the full text of the issuance.

Revenue Regulations No. 16-2021

Revenue Regulations No. 17-2021

2118-EA July 2021 ENCS - revised 07.28.2021

2118-EA guidelines 2021 ENCS - revised 07.28.2021

0621-EA 2021 ENCS - revised 07.28.2021

Annex D- Certificate of Availment