Observance of the Immunities and Privileges Accorded to Taxpayers Who Have Availed of the Tax Amnesty Under Executive Order No. 41, as Expanded by Executive Order No. 64

February 9, 1987 REVENUE MEMORANDUM ORDER NO. 04-87 SUBJECT : Observance of the Immunities and Privileges Accorded to Taxpayers Who Have Availed of the Tax Amnesty Under Executive Order No. 41, as Expanded by Executive Order No. 64 TO : All Internal Revenue Officers and Others Concerned 1.0 To give effect and substance to the immunity provisions of the tax amnesty under Executive Order No. 41, as expanded by Executive Order No. 64, the following instructions are hereby issued: 1.01. Amnesty returns filed by taxpayers not otherwise disqualified and which comply with the requirements for valid availment under the aforesaid Executive Orders, shall be deemed correct and accepted as such; hence, may no longer be questioned; 1.02. A certification by the Tax Amnesty Implementation Officer of the fact of availment of the said tax amnesty shall be a sufficient basis for: cdt 1.02.1. The withdrawal and/or cancellation of any Letter of Authority covering taxable years 1981, 1982, 1983, 1984 and 1985. 1.02.2. The return of any and all documents, books of accounts and other accounting records submitted in the course of an investigation for any of the said taxable years, subject to the exception provided under Section 8 of Executive Order No. 41. 1.02.3 In appropriate cases, the cancellation/withdrawal of assessment notices and letters of demand issued after August 21, 1986 for the collection of income, business, estate or donor's taxes due during the same taxable years. 1.03. Upon application, the Tax Amnesty Implementation Officer shall issue the corresponding Certificate of Clearance which may serve as a basis, in appropriate cases, for the cancellation of tax liens, Warrants of Distraint and Warrants of Levy issued by this Bureau, and the registration of real properties transmitted by succession, or donation or any other transaction requiring the clearance mentioned herein unless on the face of the return and supporting documents, it can be seen that the requisites for a valid availment are not satisfied. 2.0. Notwithstanding the lapse of Executive Order No. 41 as amended, pre-assessment notices, assessment notices and letters of demand issued after August 21, 1986 which are not otherwise covered by the availment of the amnesty, may nevertheless be compromised under Sec. 246 of the Tax Code by paying 30% of the basic tax assessed or pre-assessed. This Memorandum Order takes effect immediately. (SGD.) BIENVENIDO A. TAN, JR. Commissioner