BIR Ruling [UN-152-95]

April 11, 1995 BIR RULING [UN-152-95] Intermodal Shipping, Inc. Ground Floor, Casa Maritima 651 General Luna Street Intramuros, Manila Attention: Ms . Ellen V . Ybanez Chief Accountant Gentlemen : This refers to your letters dated November 6, 1992 and March 20, 1993 requesting for a waiver of the amount of P54,048.60 representing penalties for your late remittance of your expanded withholding tax liability for the month of February 1989 under Assessment Notice No. 1743-B 0193-89-92 dated October 9, 1992 on the ground that there is no late remittance of your expanded withholding tax liability for said period. cdta In your letter dated March 20, 1993, you stated that your remittance of withholding tax for February 1989 was made on March 10, 1989; that the collection agent instructed you to leave your payment to her and would handle the payment to the bank herself; that the Collection Agent has duly received your monthly remittance return of income taxes withheld for the month of February; and that Payment Order No. C 4470219 was also issued on March 10, 1989. However, Confirmation Receipt No. B 16653881 for the payment of the amount of P107,757.71 as expanded withholding tax for the month of February 1989 was dated March 14, 1989. In reply thereto, please be informed that your request cannot be granted for lack of legal basis. Confirmation Receipt No. B 16653881 representing your payment of the amount of P107,757.71 as expanded withholding tax for the month of February 1989 was dated March 14, 1989 or four (4) days late since the remittance of your expanded withholding tax liability for the month of February 1989 was supposed to have been March 10, 1989. In view thereof, you are requested to pay to the Collection Division, Revenue Region No. 6, Manila the amount of P54,048.60 representing penalties for your late remittance of your expanded withholding tax liability for the month of February 1989 within five (5) days from receipt hereof, otherwise this Office will be constrained to enforce collection thereof through the summary remedies prescribed by law. This constitutes the final decision of the Office in this case. Very truly yours, LIWAYWAY VINZONS-CHATO Commissioner of Internal Revenue