RR 7-2012
RR 7-2012
Applicants whose TINs have been secured through the e-REG facility
shall complete their registration with the BIR district o ce ( e.g.
persons to engage in business/practice of profession), but shall no
longer be required to ll out the forms for "Application for
Registration". Instead, a printout of the "System Con rmation Page"
and the lled out on-line "BIR Form 1901", which is the proof of e-TIN
registration, shall be submitted to the concerned BIR district o ce,
together with the documentary requirements prescribed in Annex "A".
In the case of corporations/partnerships (including GOCCs), which
upon registration with the SEC has already been assigned with a TIN,
the "Application for Registration" (BIR Form 1903) shall be completed
and submitted to the BIR district o ce which has jurisdiction over its
principal place of business. The articles of incorporation, together
with the SEC Registration Certi cate where the TIN is indicated, as
well as proof of authority given to its representative must be
submitted to the concerned BIR district o ce during the completion
of registration of its business.
4. Registration of Business Taxpayers. — The submission of a Mayor's
Permit prior to registration is mandatory. Provided, however, that if it
is still in process with the concerned LGU, a duly stamped "Received"
application for Mayor's Permit will temporarily su ce to qualify
him/her/it for registration, provided, further that a duly approved
permit shall be submitted within thirty (30) calendar days from date
of registration. Failure to submit the same shall subject the taxpayer
to TCVD/Ocular Inspection to be conducted by the BIR district o ce
for purposes of verifying the existence of the taxpayer's business.
Consequently, if upon validation it can be determined that the
business is non-existent and fails to le regularly the tax
returns/declarations for his/her/its registered tax types, the BIR
district o ce shall observe the procedures on tagging of the
taxpayer's status as "Inactive" pursuant to Section 11 (2) hereof.
Business taxpayers and those required to issue receipts, shall submit
the following requirements to complete their registration:
i. Application for Authority to Print (ATP) Receipts/Invoices;
ii. Registration of Manual Books of Accounts; or
iii. Application for Permit to use Computerized Accounting
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System (CAS) or components thereof, if applicable;
iv. Application for Permit to use Loose Leaf Accounting Records,
if applicable;
v. Application for Permit to Use CRM/POS Machines, and the like,
if applicable;
vi. Permit to Operate for taxpayers engaged in
activities/transactions involving products subject to excise
taxes.
As a general rule, it shall be mandatory for the BIR district o ce to
process and issue simultaneously the COR, ATP and register the
books of accounts of business taxpayers immediately after
registration and upon complete submission of the requirements
within the period prescribed under the existing process provided by
the BIR Citizen's Charter. The BIR district o ce must ensure that
taxpayers will be issued their registration certi cates/permits (COR,
ATP, Books of Accounts) upon commencement of their business.
5. Issuance of TIN Card. — Issuance of TIN Card for the rst time shall
be free of charge subject to the provisions of Section 15 of these
Regulations. The same must be processed and released to the
applicant within the same day upon the submission to the BIR district
o ce of the complete documentary requirements as prescribed in
these Regulations after the cut-off period of 1 p.m.
The TIN Card shall contain the following information:
• Serial Number;
• Registered Name of the applicant;
• TIN;
• Address;
• Birth date or date of incorporation;
• Date of issue;
• Signature of the CIR;
• Signature of the TIN owner or duly authorized representative (in
case of juridical person);
• A box shall be provided for picture (if individual).
The address to be indicated on the TIN card shall be as follows:
1. For Employees/ONETT/Applicant under EO 98, series of 1998
— the residential address of the applicant
2. For Individuals engaged in business/practice of profession
i. Head O ce (TIN with branch code 0000) — residential
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address of the individual as found in the Integrated Tax
System (ITS) TIcAaH
1) His gross sales or receipts for the past twelve (12) months,
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other than those that are exempt under Section 109 (1) (A) to
(U) of the Code, as amended, have exceeded One Million Nine
Hundred Nineteen Thousand Five Hundred Pesos
(P1,919,500.00); or
2) There are reasonable grounds to believe that his gross sales
or receipts for the next twelve (12) months, other than those
that are exempt under Section 109 (1) (A) to (U) of the Code, as
amended, will exceed One Million Nine Hundred Nineteen
Thousand Five Hundred Pesos (P1,919,500.00).
Every person who becomes liable to VAT under paragraph (ii) of this
Section shall register with the BIR district o ce which has jurisdiction
over his HO. If he fails to register, he shall be liable to pay the output
tax under Sections 106 and/or 108 of the Code, as amended, as if he
were a VAT-registered person, but without the bene t of input tax
credits for the period in which he was not properly registered.
Moreover, franchise grantees of radio and television broadcasting,
whose gross annual receipt for the preceding calendar year exceeded
P10,000,000.00, shall register as VAT taxpayer within thirty (30) days
from the end of the taxable year.
iii. Non-VAT Registration. — The following are not required to register
VAT as a tax type:
1) Those persons subject to other percentage taxes under Title V
of the Code, as amended.
2) Those whose transactions are VAT-exempt as enumerated
under Section 109 of the Code, as amended.
3) Marginal Income earners as herein defined.
iv. Optional Registration of Value-Added Tax for VAT-Exempt Persons.
1) Any person who is VAT-exempt under Section 109 (1) (V) of
the Code, as amended, i.e., sale or lease of goods or properties
or the performance of services other than the transactions
mentioned in Section 109 (1) (A) to (U) of the Code, as
amended, the gross annual sales and/or receipts do not exceed
the amount of One Million Nine Hundred Nineteen Thousand
Five Hundred Pesos (P1,919,500.00) not otherwise required to
register for VAT may elect to be VAT-registered by registering
with the BIR district o ce that has jurisdiction over the HO of
that person.
2) Any person who is VAT-registered but enters into transactions
which are exempt from VAT (mixed transactions) may opt that
the VAT apply to his transactions which would have been
exempt under Section 109 (1) of the Code, as amended.
3) Franchise grantees of radio and/or television broadcasting
whose annual gross receipts of the preceding year do not
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exceed Ten Million Pesos (P10,000,000.00) derived from the
business covered by the law granting the franchise may opt for
VAT registration. This option, once exercised, shall be
irrevocable.
Any person who elects to register under subsections (iv.1) and (iv.2)
above shall not be allowed to cancel his VAT registration for the next
three (3) years.
The above-stated taxpayers may apply for VAT registration not later
than ten (10) days before the beginning of the taxable quarter and
shall pay the ARF prescribed under Section 8 hereof, unless they have
already paid at the beginning of the year. In any case, the CIR may, for
administrative reason, deny any application for registration. Once
registered as a VAT person, the taxpayer shall be liable to output tax
and be entitled to input tax credit beginning on the rst day of the
month following registration. HCIaDT
1. Death of individual;
2. Full settlement of the tax liabilities of the estate;
3. Discovery of a taxpayer having multiple TINs; and
4. Dissolution, merger or consolidation of juridical person.
The forms and requirements for the request for cancellation of TIN/Registration
are listed in Annex "A" of these Regulations.
1. Death of an Individual not subject to Estate Tax
i. In case of a decedent registered with the BIR who has no
properties subject to estate taxes, the heirs shall request for
cancellation of the decedent's TIN by accomplishing the proper
form prescribed in Annex "A" hereof.
ii. The documentary requirements in Item VI (C) (2) of Annex "A"
hereof shall be submitted to the BIR district o ce where the
TIN of the decedent is registered.
iii. In addition to the above, an a davit shall be submitted by the
heirs stating that the decedent has no properties subject to
estate taxes.
iv. The BIR district o ce shall notify the heirs, administrator or
executor applying for cancellation of decedent's TIN of the
status of the request within ten (10) days from complete
submission of the requirements.
2. Settlement of Estate Tax liabilities
i. In case of death of an individual with properties subject to
estate taxes and who was previously registered in the ITS
database, upon submission of Notice of Death and the Death
Certi cate of the decedent, the BIR district o ce shall
immediately modify and update the status of the TIN of said
decedent as "cancelled" and proceed with the processing and
issuance of the TIN of the estate upon application by the
executor or administrator. If the TIN of such decedent is
registered in another BIR district o ce, the receiving BIR
district o ce shall inform the BIR district o ce concerned of
the fact of such taxpayer's death by furnishing a copy of the
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decedent's Death Certi cate. Such BIR district o ce shall then
perform the update as stated in this section.
ii. The new TIN shall be used in the ling of the estate tax return
of the decedent, as well as in the ling of other applicable tax
returns (e.g., Income, VAT/Percentage Tax, etc.) if the estate is
under judicial settlement.
iii. In case the decedent was engaged in business, the
heirs/executor/administrator shall, aside from submitting the
Notice of Death and Death Certi cate submit a short-term
income tax return covering the period January 1 until the date
of death. The said return shall be led within sixty (60) days
from the date of death, unless the heirs/administrator/executor
shall request for an extension of time to le the same, but not
to exceed six (6) months or April 15 of the following year,
whichever is earlier. The TIN shall be cancelled once the
decedent's business operations including that covered by the
short-term return has been duly investigated for tax purposes.
iv. Decedents with business registration shall be subject to
immediate investigation by the BIR o ce concerned to
determine the decedent's tax liabilities from his/her business. If
the business is registered in a BIR district o ce other than
where the Estate Tax Return is filed, the BIR district office which
received such return shall inform the BIR district o ce
concerned in writing, either thru fax or via email, for their
corresponding action.
v. Such BIR district o ce shall issue a Tax Clearance for the
decedent's business registration within ten (10) days from
termination of its investigations and/or full settlement of the
taxpayer's liabilities, if applicable.
3. Discovery of a taxpayer having multiple TINs
i. The policies and procedures prescribed in RMO 11-2000 on
identical and/or multiple TINs shall be observed.
ii. All BIR district o ce shall resolve all multiple/identical TINs
without transactions furnished by the concerned RDC within
ve (5) working days from receipt of the list of
multiple/identical TINs. All multiple/identical TINs with
transactions shall be resolved by the old BIR district o ce
within twenty (20) working days from receipt of the nal
evaluation of Systems Operations Division (SOD).
iii. Separate logbooks shall be maintained by all BIR district o ce
for resolution of multiple and identical TINs subject to
veri cation by authorized BIR personnel for Key Performance
Indicator (KPI) purposes.
iv. All BIR district o ce, whether computerized or not, shall
ensure that all taxpayer liabilities/cases are settled/closed in
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the records of the old TINs and transferred to the new/retained
TINs before the cancellation/deactivation of multiple/identical
TINs is performed.
v. Computerized BIR district o ce shall effect the transfer of
payments and/or re-encoding of taxpayer return data from the
incorrect TINs to the new/retained TINs.
vi. Non-computerized BIR district o ce shall manually transfer
payments, transactions, liabilities and cases from the incorrect
TINs to the new/retained TINs whether or not the taxpayers
belong to the same BIR district o ce, attaching the
corresponding ledger cards or its equivalent.
vii. All BIR district o ce shall perform the TIN cancellation
process. The BIR district o ce of the cancelled TIN shall
process all transactions on line except Accounts Receivable
(AR) cases which shall be turned over to the BIR district o ce
of the retained TIN which shall then manually process the same.
viii. The determination of the TIN to be retained for multiple TINs
shall be based on the set of criteria under existing regulations.
The TIN selected by the taxpayers shall be given first priority.
4. Dissolution, merger or consolidation of juridical persons
The cancellation of the HO registration shall result to the cancellation
of all its registered branches. Thus, if at least one (1) branch will
continue its operations, the taxpayer shall le an application for
update, making one of its existing branches as its HO. If the location
of the branch selected as the HO is under a different BIR district
office, the rules on transfer of registration shall apply.
All taxpayers who led for cancellation of registration due to
closure/cessation or termination of business, except for branches,
shall be subjected to immediate investigation by the BIR o ce
concerned to determine the taxpayer's tax liabilities.
The following procedure shall be observed in the cancellation of the
corporate TIN:
i. For juridical persons, the TIN shall be cancelled at the time of
the dissolution, merger or consolidation resulting to
termination of their corporate existence through the eventual
cancellation of their registration with the BIR. In case of
business merger or consolidation, the TIN of the dissolved
juridical persons shall be tagged with "Ceased/Dissolved"
status. The procedure on the cancellation of TIN as prescribed
in these Regulations shall be observed. If one of the parties
survives, its TIN must be retained, however if a new corporation
shall be established, a new TIN shall be issued to such new
juridical entity.
ii. The BIR district o ce of the HO of the dissolved entity shall
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inform all the other BIR district o ce, where the branches are
registered, of the closure/cessation of the business. Likewise,
the BIR district o ce of the HO shall submit a monthly report
on cessation or closure of business to the Taxpayer Assistance
Service, Attn: Chief, Taxpayer Service Programs Monitoring
Division (TSPMD), for the issuance of Revenue Memorandum
Circulars (RMC) circularizing the names of taxpayers who have
ceased business operations for the month.
iii. To avoid generation of stop ler cases, the BIR district o ce,
upon complete submission by the taxpayer of the requirements
listed in Annex "A" hereof, shall:
1) "End date" the tax types of the taxpayer;
2) Destroy/shred in the presence of the taxpayer or his
authorized representative, the unutilized SI/ORs and
other accounting forms by cutting them crosswise and
lengthwise at the middle thereof so that the same shall
be divided into four (4), ensuring that the same will no
longer be used as originally intended; and
3) Return to the taxpayer the destroyed/shredded SI/ORs
and other accounting forms for burning and/or proper
disposition.
4) The BIR distinct o ce shall issue a Tax Clearance to the
taxpayer applying for cancellation of TIN within ten (10)
days from termination of its investigations and/or full
settlement of the taxpayer's liabilities, if applicable.
SECTION 13. Certi cation Fee. — Any request for certi cation that may be
requested by a taxpayer from the BIR district o ce where he is registered on matters
relating to his registration shall be charged with a fee in an amount not exceeding one
hundred pesos (P100.00), in addition to the documentary stamp tax imposed under
Section 188 of the Code, as amended, subject to change upon approval of the CIR thru
a subsequent issuance.
The Certi cation Fee shall be collected on each set of documents regardless of
the number of pages of such document.
1. If a taxpayer requests for a certi ed true copy of his Certi cate of
Registration (COR) and his properly lled out BIR Registration Form
led with the BIR, he shall pay a total of P200.00 as certi cation fee
since his request pertains to two types of documents. Moreover, if he
requests for additional two more sets of certi ed true copies of his
Certi cate of Registration, an additional payment of P200.00 as
certification fee shall be paid.
2. An example of a set of document is the Financial Statement which
shall be charged only P100.00 regardless of the number of pages. cECaHA
SECTION 14. BIR Registration Forms. — All existing BIR registration forms
shall be enhanced and updated with the view of simplifying the information elds and
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standardizing the data/encoding format and/or abbreviations for easy and effective
upload to the Registration System Database.
SECTION 15. Penalty Provision. — The following violations related to primary
registration shall be penalized as follows:
1. Failure to register (those who are found unregistered during TCVD) —
Subject to the penalties under prevailing revenue issuances;
2. Late Registration (those who are voluntary registering, but beyond
the prescribed period as indicated in these Regulations) —
Compromise penalty of P1,000.00, in addition to the unpaid ARF and
penalties due thereon for every year that the business is in operation.
This provision shall not apply to application of TIN for employees;
3. Late payment of ARF — Subject to 25% surcharge and 20% interest
per annum and P200.00 penalty;
4. Failure to register a branch or facility — Subject to penalty of
P1,000.00 per unregistered branch or facility (Section 258 of the
NIRC, as amended);
5. Acquisition of Multiple TINs — Aside from the criminal liability that
may be imposed, P1,000.00 for every TIN acquired in excess of one;
6. Failure to and/or erroneous supply of information — P1,000.00 for
every error/omission, but not to exceed P25,000.00 (Section 255 of
the NIRC, as amended); and
7. Any violation of the provisions of these Regulations shall be subject
to penalties provided in Sections 254 and 275, and other pertinent
provisions of the Code, as amended.
SECTION 16. Repealing Clause. — All existing rules, regulations and other
issuances or portions thereof inconsistent with the provisions of these Regulations are
hereby modi ed, repealed or revoked accordingly except those rules that would
necessitate registration system enhancement when the modi ed rules shall take effect
only upon availability of the enhanced system.
SECTION 17. Transitory Provision. — Portions of these Regulations which
can be implemented immediately given the present capabilities of the registration
system shall strictly be complied with upon the effectivity of these Regulations.
Nevertheless, for provisions hereof which can only be implemented as the
enhancements are put in place in the registration database, transitory procedures shall
be provided in a separate Revenue Memorandum Order/s to be issued for the purpose.
Pending issuance of transitory procedures, existing rules and procedures (status quo)
shall be observed in the meantime.
SECTION 18. Effectivity Clause. — These Regulations shall take effect after
fifteen (15) days following complete publication in a newspaper of general circulation.
ANNEX A
Venue, BIR Forms and Documentary Requirements for Securing TIN and Other Updates
I. Self-employed individuals, estates and trusts and their branches.
A. Venue
1. RDO having jurisdiction over the place where the Head O ce and
branch is located, respectively;
2. RDO having jurisdiction over the place of residence, in the case of
those who conduct business transactions in a nomadic or roving
manner, such as peddlers, mobile stores operators, privilege store
owners and the like;
C. Documentary Requirements
1. For self-employed, professionals, mixed income earners —
Photocopy of Mayor's Business Permit (or duly received Application
for Mayor's Business Permit, if the former is still in process with the
LGU) and/or PTR issued by the LGU;
Other documents for submission (only if applicable):
a. Contract of Lease;
C. Documentary Requirements
a. NSO Certified Birth Certificate of declared dependents, if any;
b. Waiver of husband on his right to claim additional exemptions, if
wife will claim; and
A. Venue.
1. Donation — RDO having jurisdiction over the residence of the donor;
2. Sale of Real Property — RDO where the real property is located;
3. Sale of Shares of Stocks — RDO having jurisdiction over the
address of the seller for shares of stock not traded in the Stock
Exchange. In the case of listed shares, the venue shall be with the
RDO having jurisdiction over the place where the particular Local
Stock Exchange is located;
5. Applicants under E.O. 98, series of 1998 — at any RDO provided the
RDO shall use the eREG system to generate the TIN.
B. BIR Form 1904T — Application for Registration for One-Time Taxpayer
and Persons Registering under E.O. 98, series of 1998 (Securing a TIN to be
able to transact with any Government Office)
C. Documentary Requirements
a) Individual
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1. NSO Certified Birth Certificate or TAHcCI
2. Any valid identi cation card that will show the applicant's
complete name, address, birth date and signature, such as,
but not limited to:
2.1 Driver's license,
2.2 Integrated Bar of the Philippines (IBP) identi cation
card,
C. Documentary Requirements
1. Copy of DTI Certi cate of Registration of Business Name, if
a business trade name shall be used, if applicable.
2. Copy of Mayor's Business Permit or duly received
Application for Mayor's Business Permit, if the former is still
in process with the LGU.
3. Copy of Contract of Lease executed for the new place of
business, if applicable.
C. Documentary Requirements
1. Copy of Amended SEC/DTI Certi cate bearing the taxpayer's
new business address;
2. Copy of Mayor's Business Permit or duly received
Application for Mayor's Business Permit, if the former is still
in process with the LGU;
3. Board Resolution approving the transfer of business
address, if applicable;
C. Documentary Requirements
1. Notice of closure or cessation of business
2. Notice of Death and Death Certi cate, in case of death of an
individual
3. Estate Tax Return of the decedent, if applicable