Denial of Request for Certified True Copies of Income Tax Returns of Certain Companies

March 9, 2001 BIR RULING NO. 010-01 Pambansang Kawanihan ng Pagsisiyasat (National Bureau of Investigation) Maynila Attention: Reynaldo G . Wycoco Director Gentlemen : This refers to your letter dated February 19, 2001 requesting for certified true copies of the Individual Income Tax Returns of the following companies to wit: 1. CENTECH INTERNATIONAL INC. G/F Alegria Bldg., 2229 Pasong Tamo, Makati City 2. EINSTEE REALTY, INC. 854-B Alvarado St., Binondo, Manila 3. BUEN REALTY AND DEVELOPMENT CORPORATION in connection with the fact finding investigation being conducted by the NBI relative to the ownership of properties located at #796-800 Harvard Street, Wack-Wack, Mandaluyong City. Please be informed that Section 270 of the Tax Code of 1997 provides, viz: "SEC. 270. Unlawful Divulgence of Trade Secrets . Except as provided in Section 71 of this Code and Section 26 of Republic Act Numbered 6388, any officer or employee of the Bureau of Internal Revenue who divulges to any person or makes known in any other manner than may be provided by law information regarding the business, income, or estate of any taxpayer, the secrets, operation, style or work, or apparatus 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, shall upon conviction for each act or omission, be punished by a fine of not less than fifty thousand pesos (P50,000) but not more than One Hundred thousand pesos (P100,000), or suffer imprisonment of not less than two (2) years but not more than five (5) years, or both." (Emphasis supplied) In the case of a corporation, the return shall be open to inspection a) By the officers and employees of the Bureau of Internal Revenue whose official duties require such inspection; and b) Upon satisfactory evidence of identity and official position, by the president, vice-president, secretary, treasurer, or any of the members of the board of directors, or any executive or principal officer of such corporation. (Sec. 9, RR 33) cDICaS Based on the foregoing, we cannot grant the request in view of the prohibition under Section 270 of the Tax Code of 1997. Very truly yours, (SGD.) RENE G. IBAEZ Commissioner of Internal Revenue