BIR Ruling No. 349-61

August 9, 1961 BIR RULING NO. 349-61 General Insurance & Surety Corporation Samanillo Building Escolta, Manila Attention : Mr . Pedro Angulo Treasurer Gentlemen : With reference to your letter dated April 2, 1959 bearing on your internal revenue case in the amount of P2,671.90 representing 25% surcharge on unwithheld tax of P8,687.60 for the year 1951-1954 and compromise, I have the honor to inform you that the question involved in the case is not "willful-neglect" to file returns but "failure" to file returns which you admitted. Such being the case, you are liable to a surcharge of 25% of the unwithheld tax and compromise pursuant to Revenue Regulations No. V-8 and Article 7 of Republic Act No. 590 in relation to Section 72 of the National Internal Revenue Code. The fact that your employees have already filed individually their respective income tax returns will not exempt you from the aforesaid penalties for the reason that the returns required from employers under Article 4 of Republic Act No. 590 are different from the individual income tax returns required from individuals. You are therefore, requested to pay the aforesaid amount of P2,671.90 as 25% surcharge and compromise demanded from you in our letter dated July 2, 1957. LexLib Very truly yours, (SGD.) MELECIO R. DOMINGO Commissioner of Internal Revenue