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The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
A compromise penalty is an amount of money paid by a taxpayer to compromise a tax violation that he has committed. (Section 6, BIR Revenue Regulation No. 12-99)
A compromise penalty is an amount of money paid by a taxpayer to compromise a tax violation that he has committed, instead of the BIR instituting a criminal action against the taxpayer.
BIR Revenue Regulation No. 12-99 provides that:
“A compromise penalty is an amount of money paid by a taxpayer to compromise a tax violation that he has committed, instead of the BIR instituting a criminal action against the taxpayer. A compromise is consensual in character, hence, may not be imposed on the taxpayer without his consent.”
In tax cases, compromise penalty is imposed and collected as part of the tax for failure to file tax returns. In the same manner, cases involving tax delinquency and tax deficiency.
It must be noted that compromise penalty is not the same as a tax penalty. A tax penalty refers to the penalty for specific tax-related violations, such as late payment, underpayment, or non-compliance.
Under Revenue Regulation No. 20-2002 issued by the Bureau of Internal Revenue, the following cases could not be compromised, and thus not subject of a compromise penalty:
- Withholding taxes;
- Criminal violations already filed in court;
- Delinquent accounts with duly approved schedule of installment payments;
- Cases where final reports of reinvestigation or reconsideration have been issued resulting to reduction in the original assessment, and the taxpayer is agreeable to such decision;
- Cases which have become final and executory after final judgment of a court, where compromise is requested on the ground of doubtful validity of the assessment; and
- Estate tax cases where compromise is requested on the ground of financial incapacity of the taxpayer.
Remember that compromise of tax liabilities is discretionary upon the BIR, and approval is thereof is based on existing facts and circumstances. A taxpayer applying for a compromise needs to file a formal application as the BIR would require supporting documentation to establish the basis of the compromise.
In the recent case of Asian Transmission Corporation v. Commissioner of Internal Revenue (G.R. No. 24289/247397, November 8, 2023), the Supreme Court clarified that a compromise penalty cannot be enforced if the taxpayer does not agree to the compromise because a compromise must be mutually agreed upon. Additionally, the Court stated that compromise penalties are typically suggested as part of settling criminal tax liabilities. Therefore, if there are no criminal tax liabilities imposed, a compromise penalty should not be enforced or collected.
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 0917-5772207/ 09778050020.
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