REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF FINANCE
BUREAU OF INTERNAL REVENUE


22 January 2009


REVENUE MEMORANDUM ORDER No. 5-2009


SUBJECT : Prescribing the Policies and Guidelines in the Issuance of Letters
of Authority by the Various Investigating Offices of the Bureau of
Internal Revenue

TO : All Internal Revenue Officers and Others Concerned




I. BACKGROUND

The power to authorize the examination of any taxpayer, and the assessment of the
correct amount of tax due, is vested in the Commissioner of Internal Revenue in accordance
with the provisions of Section 6 of the National Internal Revenue Code of 1997, as amended
(hereinafter referred to as the Tax Code), to wit:

SEC. 6. Power of the Commissioner to Make Assessments and
Prescribe Additional Requirements for Tax Administration and
Enforcement.

(A) Examination of Returns and Determination of Tax Due. After a
return has been filed as required under the provisions of this Code, the
Commissioner or his authorized representative may authorize the
examination of any taxpayer and the assessment of the correct amount of
tax: Provided, however, That failure to file a return shall not prevent the
Commissioner from authorizing the examination of any taxpayer.

While the Commissioner is allowed to delegate such power to his authorized
representative, such delegation has, in certain instances, given rise to the issuance of
duplicate or multiple Letters of Authority (LAs) by more than one (1) Investigating Office of
the Bureau of Internal Revenue (BIR) to the same taxpayer, for the same taxable period.

Such occurrences have therefore resulted in unwarranted confusion on the part of
the taxpayers, and the unproductive utilization of much-needed resources on the part of the
BIR. In this regard, and in order to forestall the undue increase of the taxpayers burden of
compliance in the course of a tax investigation, as well as enhance the effectiveness of the
BIRs audit and investigation efforts, it is imperative that the issuance of multiple LAs be
avoided, and that conflicts of jurisdiction between Investigating Offices be resolved in as
expeditious a manner as possible.




This Order is being issued, therefore, to prescribe the policies and guidelines to be
observed in determining the Investigating Office that shall have jurisdiction over the audit /
examination of taxpayers, and in the resolution of conflicts of jurisdiction in on-going tax
investigations.


II. POLICIES AND GUIDELINES

A. General Rules

1. It shall be the general rule that the Investigating Office
a) Where the taxpayer is registered; or
b) Which has specific jurisdiction over a taxpayer,
shall exercise primary jurisdiction over the conduct of an audit /
investigation into the tax liabilities of the taxpayer for a given taxable
period.

2. For purposes of this Order, the following Investigating Offices shall
exercise primary jurisdiction in the conduct of audits / investigations,
relative to Item A (1) of this Section:

For the Regional Offices:

The Revenue District Offices for taxpayers registered in the
various Revenue Districts

For the Large Taxpayers Service (LTS):

The Large Taxpayers (LT) Audit and Investigation Division I
(LTAID-I) for Regular Large Taxpayers

The LT Audit and Investigation Division II (LTAID-II) for
Excise Taxpayers

The LT District Office (LTDO) Makati

The LT District Office Cebu

B. Exceptions to the General Rule on Primary Jurisdiction

1. The exception to the general rule on primary jurisdiction shall pertain
directly to:
a) Cases where there is prima facie evidence of tax fraud; or,
b) Cases falling under the Run After Tax Evaders (RATE) Program.







2. In either instance, jurisdiction to conduct the appropriate audit /
investigation shall rest with:
The National Investigation Division (NID); or
The Regional Special Investigation Divisions (SIDs).

C. Determination of Prima FacieEvidence of Tax Fraud

1. In the event that, following the conduct of prescribed preliminary
investigation procedures, the NID / SID believes that prima facie
evidence of tax fraud exists, it shall submit the case, together with a
memorandum stating the justifications for the conduct of an audit /
investigation for tax fraud (and the documentary evidence to support
the allegation of fraud), through the Assistant Commissioner (ACIR),
Enforcement Service (ES), to the Deputy Commissioner (DCIR) of
the Legal and Inspection Group (LIG), for evaluation.

1.1. Upon promulgation of this Order, the National Office Tax
Fraud Committee reconstituted under Revenue Special Order
No. 5-2008 (dated January 8, 2008) shall be considered as
dissolved, and the determination of prima facieevidence of
fraud shall henceforth be undertaken by the DCIR-LIG.

2. If, upon careful evaluation of the merits of a case, the DCIR-LIG
should determine that prima facieevidence of fraud exists, he shall
submit the report of the NID / SID, bearing his signature
recommending approval of the same, to the Commissioner, for final
evaluation.

2.1. Each report must contain the following segment, where the
Commissioner may indicate his decision:

APPROVED / DISAPPROVED


(Signature Over Printed Name)
Commissioner of Internal Revenue

3. In the event that the Commissioner should approve the conduct of
an audit / investigation of a taxpayer by the NID / SID, the report
bearing the Commissioners signature of approval, together with its
supporting documents, shall be returned by the Office of the
Commissioner to the Office of the DCIR-LIG, for transmittal to the
Enforcement Service, for preparation of the appropriate LA and
notification of the concerned Investigating Office which has primary
jurisdiction over the taxpayer.








3.1. Upon receipt of the report that has been duly approved by
the Commissioner, the ACIR ES shall inform the Regional
Office having jurisdiction over the Investigating Office
concerned / ACIR Large Taxpayers Service, using the pro
forma notification provided in Annex A hereof, that:

The case shall be considered as a tax fraud case to be
investigated by the NID / SID; and

Any LA issued by the Investigating Office to the
concerned taxpayer for the same taxable period shall be
deemed automaticallycancelled.

A copy of the report approved by the Commissioner shall be
attached to such notification.

3.2. In the event that the Investigating Office should determine
that an LA has been issued to the taxpayer for the same
taxable period, the same shall be considered as automatically
cancelled and invalid, and the Head of the Investigating
Office shall, upon receipt of the notification from the ACIR-
ES, immediately direct the Revenue Officers concerned to
cease all activities on the case.

3.2.1. In the event that no LA has yet been issued to the
taxpayer for the aforesaid taxable period, the Revenue
District Office (RDO) is hereby advised that it is
precluded from issuing an LA for the taxpayer,
covering the said taxable period.

3.3. Within five (5) days from its receipt of the notification from
the ACIR-ES, the Investigating Office shall also:

Inform the taxpayer of the change of jurisdiction in the
audit / investigation of the case, through the issuance of a
Notice of Change of Jurisdiction (Annex B);

Transmit the entire docket of the case to the NID / SID;

Furnish the Enforcement Service with a copy of the
Notice of Change of Jurisdiction that has been duly
received by the concerned taxpayer.

3.4. Upon receipt of the copy of the Notice of Change of
Jurisdiction that was received by the taxpayer, the ACIR-ES
shall prepare the appropriate LA mandating the audit /
investigation of the taxpayer by the NID / SID, for the
signature of the DCIR-LIG.

4. In the event that the Commissioner should not approve the conduct
of a tax fraud investigation by the NID / SID against a particular
taxpayer, the report, together with all supporting documents, shall be
returned to the Office of the DCIR-LIG, for transmittal of the
documentary evidence gathered by the NID / SID to the appropriate
Investigating Office, in accordance with the general rule on primary
jurisdiction stated in Item A(1) of this Section.

D. Resolution of Existing Conflicts of Jurisdiction

1. All issues concerning duplicate or multiple LAs issued to a single
taxpayer for a particular taxable period prior to the promulgation of
this Order shall be immediately elevated by the Offices that issued
the LAs to the Office of the Commissioner, for review and
evaluation.

1.1. Each case must be supported by a memorandum report
prepared by the concerned Investigating Office and by the
NID / SID, stating the justifications for the retention of
jurisdiction thereat.

2. Each memorandum report must contain the following segment,
where the Commissioner may indicate his decision in the case:

APPROVED / DISAPPROVED


(Signature Over Printed Name)
Commissioner of Internal Revenue

3. The decision of the Commissioner in a particular case shall be
conveyed to the concerned Offices by the Office of the
Commissioner, through the proforma notification provided in Annex
C, and the Head of the Office that shall give up jurisdiction of a
particular audit / examination shall immediately direct the Revenue
Officers concerned to cease all activities on the case, and shall, within
five (5) days from its receipt of the notification of the decision of the
Commissioner:

Inform the taxpayer of the change of jurisdiction in the audit /
investigation, through the issuance of a Notice of Transfer of
Jurisdiction (Annex D); and










Transmit the entire docket of the case to the Office that shall
assume jurisdiction of the audit / investigation, for integration
with their records of the case.

4. In all instances, the decision of the Commissioner shall be final and
executory.

E. Crediting of Internal Revenue Collections
from Audits / Investigations

1. All internal revenue collections generated from tax fraud / RATE
investigations conducted by the NID / SIDs shall be credited to the
Revenue District Office / LT Division or District Office having
primary jurisdiction over the taxpayers concerned.


III. REPEALING CLAUSE

Any provision of any Order and / or pertinent revenue issuance(s) that is
inconsistent with this Order is hereby revoked, modified or amended accordingly.


IV. EFFECTIVITY

This Order shall take effect immediately.


(Original Signed)
SIXTO S. ESQUIVIAS IV
Commissioner of Internal Revenue


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