Suspending the Running of the Statute of Limitations in the Assessment and Collection of Taxes Pursuant to Sec. 223 of the NIRC, as Amended, Due to the COVID-19 Situation
Revenue Memorandum Circular No. 034-20 suspends the running of the statute of limitations for tax assessments and collections in the Philippines due to the COVID-19 national emergency. This suspension is in effect from March 16, 2020, until the end of the national emergency, plus an additional 60 days thereafter. The suspension applies to the issuance and service of assessment notices and warrants for the collection of deficiency taxes. The directive aims to ensure compliance with the restrictions imposed during the pandemic, and all concerned parties are encouraged to disseminate this information widely.
Quick Answers
- What is Suspending the Running of the Statute of Limitations in the Assessment and Collection of Taxes Pursuant to Sec. 223 of the NIRC, as Amended, Due to the COVID-19 Situation about?
- Revenue Memorandum Circular No. 034-20 suspends the running of the statute of limitations for tax assessments and collections in the Philippines due to the COVID-19 national emergency. This suspension is in effect from March 16, 2020, until the end of the national emergency, plus an additional 60 days thereafter. The suspension applies to the issuance and service of assessment notices and warrants for the collection of deficiency taxes. The directive aims to ensure compliance with the restrictions imposed during the pandemic, and all concerned parties are encouraged to disseminate this information widely.
- What type of law is Revenue Memorandum Circular No. 034-20?
- Suspending the Running of the Statute of Limitations in the Assessment and Collection of Taxes Pursuant to Sec. 223 of the NIRC, as Amended, Due to the COVID-19 Situation (Revenue Memorandum Circular No. 034-20) is a Philippine Inter-Agency Task Force on Emerging Infectious Diseases (IATF-EID) Issuances enacted by the Congress of the Philippines.
- When was Suspending the Running of the Statute of Limitations in the Assessment and Collection of Taxes Pursuant to Sec. 223 of the NIRC, as Amended, Due to the COVID-19 Situation enacted?
- Suspending the Running of the Statute of Limitations in the Assessment and Collection of Taxes Pursuant to Sec. 223 of the NIRC, as Amended, Due to the COVID-19 Situation (Revenue Memorandum Circular No. 034-20) was enacted on Mar 27, 2020.
- What is the citation for Suspending the Running of the Statute of Limitations in the Assessment and Collection of Taxes Pursuant to Sec. 223 of the NIRC, as Amended, Due to the COVID-19 Situation?
- Suspending the Running of the Statute of Limitations in the Assessment and Collection of Taxes Pursuant to Sec. 223 of the NIRC, as Amended, Due to the COVID-19 Situation, Revenue Memorandum Circular No. 034-20, Mar 27, 2020 (Philippines)
Law Information
- Reference Number
- Revenue Memorandum Circular No. 034-20
- Date Enacted
- Subcategory
- Bureau of Internal Revenue
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
March 27, 2020
REVENUE MEMORANDUM CIRCULAR NO. 034-20
| SUBJECT | : | Suspending the Running of the Statute of Limitations in the Assessment and Collection of Taxes Pursuant to Section 223 of the National Internal Revenue Code of 1997, as Amended, Due to the Declaration of a National Emergency from the Corona Virus Disease 2019 (COVID-19) Situation |
| TO | : | All Internal Revenue Officers, Taxpayers and Others Concerned |
Republic Act No. 11469 otherwise known as "Bayanihan to Heal as One Act" and Proclamation Nos. 929 and 922, s. of 2020, declared a state of calamity and National Emergency throughout the Philippines due to the 2019 Corona Virus Disease (COVID-19). This Circular is hereby issued to inform all concerned of the suspension of the running of the Statute of Limitations in the assessment and collection of taxes under Sections 203 and 222 of the National Internal Revenue Code (NIRC) of 1997, as amended.
Section 223 of the NIRC provides:
"The running of the Statute of Limitations provided in Sections 203 and 222 on the making of assessment and the beginning of distraint or levy or a proceeding in court for collection, in respect of any deficiency, shall be suspended for the period during which the Commissioner is prohibited from making the assessment or beginning distraint or levy or a proceeding in court and for sixty (60) days thereafter; . . ."
The World Health Organization's declaration of COVID-19 as a pandemic and the issuance of the RA No. 11469 coupled with the Proclamations of the President and their implementing guidelines have in effect prohibited the Commissioner and/or his authorized representatives, from making and serving assessment notices and Warrants of Distraint and/or Levy, as well as Warrants of Garnishments, for the enforcement and collection of deficiency taxes.
The cited provisions and stated circumstances therefore warrant the suspension of the running of the Statute of Limitations under Sections 203 and 222 of the NIRC of 1997, as amended, for a period starting on March 16, 2020 until the lifting of the state of national emergency and for sixty (60) days thereafter. The suspension of the running of the Statute of Limitations shall likewise apply with respect to the issuance and service of assessment notices, warrants and enforcement and/or collection of deficiency taxes. This Circular shall apply nationwide.
All internal revenue officers and others concerned are enjoined to give this Circular as wide a publicity as possible, and that a copy thereof be filed with the Office of the National Administrative Register (ONAR) of the UP Law Center.
(SGD.) CAESAR R. DULAYCommissioner of Internal Revenue
Cite This Law
Suspending the Running of the Statute of Limitations in the Assessment and Collection of Taxes Pursuant to Sec. 223 of the NIRC, as Amended, Due to the COVID-19 Situation, Revenue Memorandum Circular No. 034-20, Mar 27, 2020 (Philippines)
Suspending the Running of the Statute of Limitations in the Assessment and Collection of Taxes Pursuant to Sec. 223 of the NIRC, as Amended, Due to the COVID-19 Situation, Revenue Memorandum Circular No. 034-20 (Phil. 2020)
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