Mandatory Surcharge for Late Payment of the Premium Tax

July 19, 1958 BIR RULING NO. 380-58 4th Indorsement Respectfully returned to the Regional Director, B.I.R. Regional District No. 2, San Fernando, Pampanga, the papers bearing on the premium tax case of the Pampanga Sugar Mills. The imposition of the 25% surcharge for late payment of the premium tax prescribed in Section 256 of the Tax Code, in relation to Section 258 thereof, is mandatory and confers no discretion upon the Commissioner of Internal Revenue to waive the collection of the same. Accordingly, the 25% surcharge should be collected on the 1955 premium tax paid by the Pampanga Sugar Mills, it appearing that the aforesaid tax was paid only on August 29, 1956 or beyond July 1, 1956, the due date prescribed by law for its payment, notwithstanding the fact that the return covering the premiums paid by the said taxpayer was filed on time. (SGD.) MELECIO R. DOMINGO Acting Commissioner of Internal Revenue