Rmo 32-05
Rmo 32-05
Rmo 32-05
In the past years, the Bureau had issued a large number of Letter Notices (LNs)
to various taxpayers that led to the issuance of de ciency tax assessments and the
unprecedented increase in tax collection.
To improve administration and to achieve operational excellence, there is a need
to ne-tune existing procedures in handling assessments against taxpayers issued LNs
by reconciling various revenue issuances, some of which con ict with each other and
some of which conflict with the Tax Code.
II. OBJECTIVES
This Order is issued to:
1. Prescribe a single coherent set of policies, guidelines and procedures within
the framework of existing laws, rules and regulations insofar as handling of LNs is
concerned;
2. Prescribe procedures in the resolution of LN discrepancies, conversion of LNs
to Letters of Authority (LAs), assessment and collection of deficiency taxes;
3. Prescribe standard report forms to be used by all concerned o ces in the
implementation of this Order; and
4. De ne the duties and responsibilities of concerned revenue o cers and
officials over the LNs assigned to them.
III. COVERAGE
This Order shall cover the VAT and income tax liabilities of individual and
corporate taxpayers issued Letter Notices (LNs) deployed via the Information Delivery
Portal (IDP) for the following period:
1. LNs under the TPM-BOC Data Program or BOC LNs (Annex "A") covering
taxable year 2003; and IcHTCS
2. Consolidated ("RELIEF" / SLSP and BOC) LNs (Annex "B") for taxable years
2004 onwards
Please note that while RELIEF refers to all data/listings gathered from internal
and external sources residing at the Data Warehouse which serves as a central
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repository, SLSP refers to the Summary Lists of Sales and/or Purchases submitted by
VAT registered taxpayers for matching against data in the VAT returns found at the
Returns Processing System (RPS). To avoid confusion, all RELIEF LNs shall henceforth
be referred to as SLSP LNs.
IV. POLICIES AND GUIDELINES
1. As provided for under existing Revenue Memorandum Order (RMO) on
"RELIEF" / SLSP System (i.e., RMO No. 30-2003, as amended by RMO Nos. 42-2003 and
24-2004) and RMO on TPM-BOC Data Program (i.e. RMO No. 34-2004, as amended by
RMO No. 46-2004), taxpayers with underdeclaration of sales and/or purchases
(domestic or imported) shall be noti ed of such ndings of discrepancy through the
issuance of Letter Notices (LNs) as shown in Annexes "A" and "B" hereof.
2. BOC LNs covering taxable year 2003 and consolidated (SLSP and BOC) LNs
covering taxable years 2004 onwards shall be deployed, together with the Details of
Taxpayer's Customers/Suppliers (DTCS) and/or Details of Importation with Return
Information Matching (DIRIM), via the IDP.
3. Taxpayer issued LN may voluntarily pay the de ciency income and value added
taxes resulting from the ndings of discrepancy in the LN and shall be entitled to the
abatement of interests and penalties provided he pays the de ciency taxes within sixty
(60) days from receipt of the LN. Any payment of tax liabilities beyond the sixty (60)
day period shall be assessed the corresponding interests and penalties.
4. The de ciency income and value added taxes shall be computed using the
formulas prescribed herein (Annexes "C", "C1", and "C2") and the corresponding
payment shall be made using BIR Form No. 0611-A.
5. The herein prescribed formulas for the computation of the de ciency taxes
shall apply only to LNs issued to taxpayers that are not the subject of an investigation
pursuant to an LA, since under the "no-contact-audit approach" policy laid down under
RMO No. 42-2003, the concerned RO has no opportunity to examine the records of the
taxpayer for purposes of determining its true tax liabilities.
6. The settlement and payment of the de ciency tax(es) under an LN shall not
preclude the Bureau from issuing a Letter of Authority (LA) covering the comprehensive
audit of a taxpayer's tax liability. However, any payment of de ciency tax(es) shall be
credited against any assessment that may be made by the appropriate BIR O ce
pursuant to a notice of investigation or LA provided the discrepancies disclosed by
said audit are of the same nature as the discrepancies reflected in the LN.
7. LNs served on taxpayers for which no response was received or LNs that
remained unserved due to failure to locate the taxpayers shall be converted to LAs after
the lapse of the sixty (60) day period from LN issuance. The concerned investigating
o ce shall endorse the LNs to the O ce of the Assistant Commissioner, Large
Taxpayers Service (OACIR-LTS)/O ce of the Regional Director (ORD) for issuance of
the corresponding LAs. The OACIRLTS/ORD shall be held responsible for the
preparation of the LAs with the notation "This LA cancels LN No. ________". A
consolidated list of LNs converted to LAs, using the herein prescribed format (Annex
"D") shall be submitted by the OACIR-LTS/ORD to the AS, thru AITEID, within twenty (20)
days after the lapse of the sixty (60) day period from LN issuance.
8. In the event a taxpayer who has been issued an LN refutes the discrepancy
shown in the LN, the concerned taxpayer will be given an opportunity to reconcile its
records with those of the BIR within One Hundred and Twenty (120) days from the date
of issuance of the LN. However, the subject taxpayer shall no longer be entitled to the
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abatement of interest and penalties after the lapse of the sixty (60) day period from LN
issuance.
9. In case the above discrepancies remained unresolved at the end of the One
Hundred and Twenty (120) day period, the revenue o cer (RO) assigned to handle the
LN shall recommend the issuance of LA to replace the LN. The head of the concerned
investigating o ce shall submit a summary list of LNs for conversion to LAs (using the
herein prescribed format in Annex "E" hereof) to the OACIR-LTS / ORD for the
preparation of the corresponding LAs with the notation "This LA cancels LN No.
___________."
10. The audit to be conducted pursuant to an LA should be an issue-based audit
focusing on the third party information (TPI) provided by the TPI sources. If an issue-
based audit is not suitable, a comprehensive audit shall be undertaken following the
audit procedures and techniques under Revenue Administrative Memorandum Order
(RAMO) No. 1-2000, and complying with the reportorial requirements prescribed under
RMO No. 53-98. ETCcSa
13. Forward the summary lists in items 11 and 12 above, within ten (10) days
after the lapse of the 120-day or 60-day period from LN issuance, as the
case may be to the OACIR-LTS/ORD for approval and preparation of the
corresponding LAs.
14. Receive the approved/signed LAs, together with the duly
accomplished/approved Summary Lists of LNs for Conversion to LAs
from the OACIR-LTS/ORD.
15. Encode the required information in the LAMS. Select the appropriate "Value"
from the List of Valid Values and under the Remarks column, indicate "This
LA replaces LN No. _________" for purposes of cross-referencing with the
LN System under the ECMS.
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16. Effect the service of the above LAs to the concerned taxpayers.
17. Prepare a Monthly Collection Report on LAs with LN Discrepancy, using the
format shown in Annex "F" hereof, and submit to ACIR-LTS/RD, copy
furnished AITEID every 10th day following the close of each month.
18. Provide online updates via the IDP on LNs converted to LAs. Select the
appropriate "Status" from the List of Status Codes and Description and
indicate in the Remarks field "LN replaced by LA No. ___________" for cross-
referencing with the LAMS.
19. Provide real-time online updates on all outstanding LNs via the IDP based on
access rights and privileges granted to the RDO/LTAID I and II/LTDO.
20. Monitor and evaluate the performance of ROs relative to the LNs assigned to
them based on set key performance indicators.
21. Provide online progress reports on LN status and collection as required
under existing revenue issuances.
D. At the Reviewing Office (OACIR-LTS/Assessment Division)
1. Where the taxpayer issued LN is under audit (i.e., investigation is on-going)
pursuant to an LA for the period covered by the said LN:
a. Receive from the investigating units the docket containing the LN with
the DTCS/DIRIM
b. Follow the prescribed procedures in the review of dockets and ascertain
whether the LN discrepancy was considered in the report of
investigation
b.1 If the discrepancy was considered
b.1.1 Update via the IDP the LN status based on authorized
access granted, by selecting the appropriate "Value"
from the List of Values, "LN discrepancy already
considered in the report of investigation"
b.1.2 Forward the LN to AITEID for cancellation of the same
b.2 If the discrepancy was not considered, remand the docket to the
RDO/LTAID I and II/LTDO for appropriate action
2. Where the case is pending review at the time of LN issuance
a. Receive from the investigating units the LN plus the DTCS/DIRIM
b. Follow the procedures prescribed under 1(b) above
3. Where the case is already closed and terminated at the time of LN issuance
a. Receive the LN, plus the DTCS/DIRIM from the concerned investigating
office
b. Forward the LN, plus a copy of the termination letter, to the AITEID for
cancellation of the same.
4. Instead of forwarding the dockets bearing on issued LNs to the Special
Concerns Group (SCG) / Technical Working Group (TWG), the same shall
be transmitted to the AS, upon request, for post-audit. cACHSE
E. At the AITEID
1. Spell out the parameters for the issuance of Letter Notices based on the policy
direction of top management.
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2. Set the threshold on LN discrepancies before the activation of the processes
needed for LN generation.
3. Acknowledge, in writing or via e-mail, receipt from the SOD of information on
the generation via the IDP of the new batch of LN packages.
4. Validate on test basis the new LN packages before deployment of the same
via the IDP.
5. Receive from the RDO/LTAID I and II/LTDO the Monthly Collection Report on
LAs with LN Discrepancy (Annex "F") on or before the 10th day following
the close of each month for monitoring purposes.
6. Receive from the concerned reviewing o ce LNs for cancellation if the LN
discrepancy was considered in the audit case of taxpayers issued LNs.
7. Perform overall monitoring, via the IDP, of LNs issued based on real-time
online updates provided by the OACIR-LTS/LTAID I and II/LTDO or
ORD/RDO and other authorized o ces granted access rights and
privileges.
8. Provide top management with consolidated report on LN status and collection
as may be required.
VI. REPEALING CLAUSE
All other issuances and/or portions thereof inconsistent herewith are hereby
repealed, modified or amended accordingly.
VII. EFFECTIVITY
This Order shall take effect immediately.