BIR Ruling [DA-377-98]

August 20, 1998 BIR RULING [DA-377-98] Quemado Castriciones and Sagayo Law Office Rm. 2-F, Jacinto Annex Building 173 Yakal Street Makati City Attention: Atty . Gabriel Quemado Gentlemen : This refers to your letter dated September 2, 1997 requesting for a certified true copy of the 1996 income tax return and audited financial statement of Edmark Products Limited Company and Mr. Alfredo P. Villalobos. You stated that you need the same for submission to another government agency. cdta In reply, please be informed that Section 270 of the Tax Code of 1997 (formerly Sec. 269 of the NIRC, as amended) makes it unlawful for any officer or employee of the Bureau of Internal Revenue, except as provided in Sec. 71 of the same Code (formerly Sec. 64 of the NIRC, as amended and Sec. 26 of Republic Act No. 6388), to divulge to any person or make known in any other manner than may be provided by law, information regarding the business, income or estate of any manufacturer or producer, or confidential information regarding the business of any taxpayer, knowledge of which was acquired by him in the discharge of his official duties. Conversely, any person who causes or procures an officer or employee of the Bureau of Internal Revenue to divulge any confidential information regarding the business, income or inheritance of any taxpayer, knowledge of which was acquired by him in the discharge of his official duties, and which it is unlawful for him to reveal, and any person who publishes or prints in any manner whatever, not provided by law, any income, profits, losses or expenditures appearing in any income tax return shall be fined in a sum of not more than Two thousand pesos (P2,000) or imprisoned for a term of not less than six (6) months nor more than five (5) years, or both. (Sec. 278 of the Tax Code of 1997) In view thereof, it is the opinion of this Office as it hereby holds that your request for a copy of the income tax return and audited financial statements of Edmark Products Limited Company and Mr. Alfredo P. Villalobos cannot be granted for being contrary to law. (BIR Ruling No. 90-92 dated March 19, 1992) Very truly yours, (SGD.) SIXTO S. ESQUIVIAS IV Deputy Commissioner Legal & Enforcement Group