Conduct of a Special Revalidation of All Outstanding Tax Credit Certificates

July 18, 2003 DOF DEPARTMENT ORDER NO . 019-03 To safeguard the interest of the government as well as the integrity of the tax credit system against the use of fake, tampered, or recycled Tax Credit Certificates (TCCs), the One-Stop Shop Inter-Agency Tax Credit and Duty Drawback Center (Center) is hereby directed to conduct a special revalidation of all outstanding TCCs issued prior to October 1, 2003 as defined under this Order. SAHITC SECTION 1. Objective . The implementation of the special revalidation is intended to determine the outstanding amount of TCCs, as defined in this Order, that are still floating in the market and to prevent the use of expired, stolen, fake, tampered, or recycled TCC that may still exist in the market. SECTION 2. Coverage and Definition of Terms . (A) The special revalidation shall cover the following TCCs: 1. Jointly issued by the Center and the Bureau of Internal Revenue (BIR) under Section 112 of the National Internal Revenue Code: Refunds or Tax Credits of Input Tax or TCCs transferred as provided by Revenue Regulations No. 5-2000 using BIR Form Nos. 2310 (Revised: February 2001) and 2320 (Revised: April 1988 ). 2. Jointly issued by the Center and the Bureau of Customs (BOC) under Section 106(c) of the Tariff and Customs Code of the Philippines using BOC Form No. 179 (Revised 1981) 3. Jointly issued by the Center and the Bureau of Customs (BOC) under Section 106(b) of the Tariff and Customs Code of the Philippines using BOC Form No. 179 (Revised 1979) (B) The following terms are defined as follows: a) Outstanding Tax Credit Certificate(s) this consists of all TCCs with creditable/outstanding balances issued under the aforementioned laws, whether originally issued to the original grantee or transferred from the original grantee. b) Special revalidation refers to the process of cancellation of outstanding TCCs and the replacement with new form as defined in this order. c) Unutilized TCC forms this consists of blank TCC forms which are still in the custody of the Center and unreleased to any claimant. SECTION 3. General Procedure on the Special Revalidation . 1. The Center, in coordination with the BIR and the BOC, shall cause the production of new TCC forms with additional security features to prevent the unauthorized production and use of fake TCCs. In addition to the information indicated in the existing forms, the new forms shall clearly indicate the legal basis of the issuance, the approving authorities of the BIR and BOC Commissioners and the authority of the Center signatory to release the same to the grantee's official representatives. The new forms shall be ready for issuance not later than September 30, 2003. 2. The Center, BIR and the BOC shall issue their respective Office Order, Revenue Memorandum Order and Customs Memorandum Order that will provide for the mechanics for the surrender of all outstanding TCCs forms which are in their custody to the Center for revalidation in compliance with the provision of this guideline. On the other hand, the Center shall surrender all unutilized TCC forms in its custody for the appropriate action of the BIR or the BOC. 3. The Center, BOC and the BIR shall require the holders of outstanding TCCs to surrender the same to the Center for special revalidation starting October 1, 2003 up to March 31, 2004. Outstanding TCCs not submitted within the revalidation period shall still be allowed for revalidation subject to approval of the Center's Executive Committee. 4. The Center shall accept applications for special revalidation in accordance with the following procedure: a. The Center shall check the authenticity of the TCCs to ascertain that there has been no tampering of the forms, that the TCC is validly issued per Center records, and that they are still subsisting and therefore qualifies for the issuance of a new certificate corresponding to the unused balance of each TCC. b. The creditable balance of the TCCs subject of revalidation shall be based on certifications form the BIR, BOC, and the records of the Center. In case of differences, reconciliation shall be undertaken by the Center. HcSaTI c. The Center shall prepare the revalidated TCC using the new forms equivalent to the validated remaining balance. These revalidated TCCs shall be forwarded for the signature by the authorized signatory at the BIR or the BOC. The revalidated TCC shall indicate the date of original issuance, date of revalidation and the TCC maturity date. The maturity date of the TCC shall be the same as that of the original issuance and shall undergo regular revalidation as provided by law. d. The revalidated TCC approved by the BIR/BOC Commissioner shall then be signed by the Center's official signatory to authorize the release of the same to the grantee's official representative according to the prescribed procedures. SECTION 4. Transitory Provision . The BIR and the BOC are directed to institute measures to prevent the use of fake, tampered, or recycled TCCs during the revalidation period. SECTION 5. Effectivity . This Order shall take effect upon the completion of its publication in at least 2 major newspapers of general circulation for a frequency of once a week for three consecutive weeks. This Order shall be given as wide publicity as possible. (SGD.) JOSE ISIDRO N. CAMACHO Secretary GENERAL GUIDELINES FOR THE SPECIAL REVALIDATION PROGRAM Pursuant to Department Order No. 19-03 dated July 18, 2003, a Special Revalidation of all outstanding Tax Credit Certificates ("TCCs"), as defined in this guideline approved via Executive Committee Resolution No. 233-27-2003 dated September 24, 2003, issued prior to October 1, 2003 by the Department of Finance-One Stop Shop Inter-Agency Tax Credit and Duty Drawback Center ("DOF-Center") shall be conducted. IDSEAH The Special Revalidation entails the surrender of TCCs to the DOF-Center and subsequent replacement of the same with new forms thereby preventing the use of expired, stolen, fake, tampered or recycled TCC that may still exist in the market. I. Coverage and Definition of Terms. The special revalidation shall cover the following TCCs: 1. Jointly issued by the Center and the Bureau of Customs (BOC) under Section 106(c) of the Tariff and Customs Code of the Philippines using BOC Form No. 179 (Revised 1981). 2. Jointly issued by the Center and the Bureau of Customs (BOC) under Section 106(b) of the Tariff and Customs Code of the Philippines using BOC Form No. 179 (Revised 1979). 3. Jointly issued by the Center and the Bureau of Internal Revenue (BIR) under Section 112 of the National Internal Revenue Code: Refunds or Tax Credit of Input Tax, as well as such TCCs transferred as provided by Revenue Regulations No. 5-2000 using BIR Form Nos. 2310 (Revised: February 2001) and 2320 (Revised: April 1988). The Special Revalidation shall involve the replacement of the above-mentioned TCC forms with new TCC forms with additional security features as follows, reflecting remaining balance of the subject TCC: 1. For Item No. (1) and (2) with OSS-Center Form No. 0302 2. For Item No. (3), with OSS-Center Form No. 0303 It is emphasized that the Special Revalidation shall not affect the TCC maturity date and shall undergo regular revalidation as provided by law. The Special Revalidation does not cover the following: 1. TCCs issued by the DOF-Center under the provisions of E.O. 226 and other related laws. 2. TCCs solely issued by the Bureau of Internal Revenue National Office and Regional District Offices and 3. TCCs solely issued by the Bureau of Customs II. Requirements The TCC holders, either the original grantee or the transferee (in case of transferred TCC), shall directly file their applications for the Special Revalidation to the DOF-Center with the following documents: SCIacA 1. Sworn letter-request signed by the TCC holder's authorized company officer addressed to: The Executive Director One-Stop Shop Inter-Agency Tax Credit and Duty Drawback Center 3/F Department of Finance Building Roxas Boulevard Manila 1004 2. Original TCC(s) subject of revalidation 3. Affidavit under oath by the TCC holder as the TCC(s)'s remaining balance, previous usages and ports/TDM-issuing office, if applicable. The format for Items (1) and (3) can be secured from the DOF-Center office or downloaded from the DOF-Center website: http//taxcredit.dof.gov.ph. III. Period of Revalidation The official period for the Special Revalidation shall start on October 1, 2003 and ends on March 31, 2004. Applications filed beyond this period shall only be allowed for revalidation subject to the approval of the Center's Executive Committee. IV. Criteria for Revalidation The special revalidation shall cover the authentication of the TCC itself, validation of its issuance, and verification of the revalidation request to establish the following: 1. That the TCC has been duly issued by the Center; 2. That there have been no tampering on the certificate; 3. That the party requesting for the revalidation of the certificate is its rightful owner; 4. That the TCC us not yet expired; and 5. That the TCC is not yet fully utilized. When these criteria are met, the TCC subject of request shall qualify for the issuance of the new form reflecting the remaining balance of the TCC. ISAcHD V. Transitory Provision The DOF-Center shall stop issuing Tax Debit Memos to TCCs in old forms starting October 1, 2003. All applicants for Tax Debit Memos ("TDM") are required to comply with the requirements of this Guideline prior to the issuance of the TDM. VI. Other Matters In case of lost TCC(s), the claimant shall submit a notice of loss to the Center within the revalidation period and shall be required to comply with the procedures and requirements provided under the guidelines for the replacement of lost TCCs. (SGD.) ERNESTO Q. HIANSEN Executive Director, DOF-Center Noted: Undersecretary MA. GRACIA PULIDO TAN Chairperson, DOF-Center Executive Committee