Revenue Regulations Governing the Tax Amnesty Granted to Holders of Untaxed or Improperly Taxed Imported Articles as Provided for by Presidential Decree No. 53, dated November 13, 1972, as amended by Presidential Decree No. 80, dated December 11, 1972

December 29, 1972 REVENUE MEMORANDUM CIRCULAR NO. 70-72 SUBJECT : Revenue Regulations Governing the Tax Amnesty Granted to Holders of Untaxed or Improperly Taxed Imported Articles as Provided for by Presidential Decree No. 53, dated November 13, 1972, as amended by Presidential Decree No. 80, dated December 11, 1972 TO : All Internal Revenue Officers and Others Concerned For the information and guidance of all concerned, there is quoted hereunder the provisions of Department Order No. 56-72, dated December 12, 1972: "DEPARTMENT ORDER No. 56-72 "SUBJECT : Regulations governing the Tax Amnesty granted to holders of untaxed or improperly taxed imported articles as provided for by Presidential Decree No. 53, dated November 13, 1972, as amended by Presidential Decree No. 80, dated December 11, 1972 "TO : All Customs, Internal Revenue and ASAC Officers and Others concerned: "To implement the provisions of Presidential Decree No. 53, dated November 13, 1972, as amended by Presidential Decree No. 80, dated December 11, 1972, the following rules and regulations are hereby promulgated: "SECTION 1. Persons and Articles affected by the Presidential Decree : Importers, dealers, possessors or owners in commercial quantities of items, commodities, goods, articles or merchandise (except banned items, motor vehicles and articles subject to specific tax) on which taxes, duties and other charges have not been paid or were not correctly paid due to misdeclaration, misclassification, undervaluation and/or any other means employed to evade payment of the correct taxes and/or duties, except those violators with pending criminal, civil or administrative cases. "SEC. 2. Procedure to be followed : Any person, natural or juridical, desiring to take advantage of the tax amnesty shall accomplish a sworn statement of a true inventory per annex "A", containing a list of the items, commodities, goods, articles or merchandise, indicating therein the description, brands, vital markings and other identifying characteristics, number of units/sets/pieces, including the date of acquisition and/or importation and the purchase or selling prices thereof and submit at least five (5) copies to the Collector of Customs of the Port or to the nearest Bureau of Internal Revenue Office concerned. "SEC. 3. Assignment and coordination of officers of the Bureau of Customs, the Bureau of Internal Revenue and the Anti-Smuggling Action Center (ASAC) : The Commissioner of Internal Revenue shall assign qualified BIR personnel to the Collector of Customs for the Port of Manila to assist in the assessment and collection of taxes, duties and other charges. Revenue Regional Directors should likewise assign qualified BIR personnel to assist the Collector of Customs of the Port concerned in the assessment and collection of taxes, duties and other charges. The Anti-Smuggling Action Center (ASAC) is hereby directed to assist in the dissemination of the Presidential Decree and implementing regulations on the matter, in coordination with the Bureau of Customs and the Bureau of Internal Revenue. "SEC. 4. Assessment and Collections : Upon receipt of the inventory, the Collector of Customs of the Port concerned shall refer the list to the coordinating internal revenue officers who shall assess the customs duties, taxes and other charges in accordance with the provisions of the Tariff and Customs Code, as amended, and the National Internal Revenue Code, as amended. For uniformity of computation, all items, wares, commodities, goods, articles of merchandise shall be considered as having been imported as of the date of assessment. The Collector of Customs of the Port or the Internal Revenue Officer concerned shall then collect twenty-five per centum (25%) of the taxes, duties and other charges so assessed. "The provisions of existing laws regarding banned items and articles subject to specific tax are not disturbed by the Presidential Decree. Accordingly, banned items should be taken into the custody of the Bureau of Customs pending further disposition thereon; the specific tax and other government revenues on all articles subject to specific tax should be assessed and collected in accordance with laws presently in effect. "SEC. 5. Deadline for submission : The submission of sworn inventories and payment of taxes, duties and other charges thereon should be made not later than January 31, 1973. "SEC. 6. Effectivity : The provisions of this Order shall take effect immediately. (Sgd.) "CESAR VIRATA "Secretary" The features of the Department Order are as follows: 1. Five (5) copies of the affidavit (Annex A) containing the quantity, kind, description and other information about the items, commodities, goods, articles, or other merchandise being reported shall be submitted either to the Collector of Customs of the Port or to the nearest BIR office where the taxpayer's place of business or residence is located; 2. Qualified BIR personnel should be assigned by the Commissioner of Internal Revenue to the Collector of Customs for the Port of Manila to assist in the assessment and collection of taxes, duties, and other charges for those filed in the Greater Manila Area. 3. In the case of places outside the Greater Manila Area, the Revenue Regional Director should assign qualified BIR personnel to assist the Collector of Customs of the Port or Ports within the jurisdiction of the region. The fieldmen in the Revenue District Office where the port is located should be given priority in the assignment. 4. For uniformity of computation, the items, wares, commodities, and other articles should be considered as having been imported as of the date of assessment and not as of the date of acquisition. 5. That only 25% of the taxes, duties and other charges should be collected. 6. That the deadline for the submission of the inventory list and the payment of the taxes due thereon is January 31, 1973. All those concerned are hereby enjoined to comply strictly with the provisions of the abovecited department order. aisa dc MISAEL P. VERA Commissioner of Internal Revenue