BIR Revenue Regulations No. 12-2011 Reportorial Requirement for Establishments Leasing or Renting Out Spaces for Commercial Activities
CLARK DEVELOPMENT CORPORATION
MEMORANDUM CIRCULAR No. CSD11-34
TO : ALL Concerned
SUBJECT : BIR Revenue Regulations No. 12-2011 Reportorial Requirement for Establishments Leasing or Renting Out Spaces for Commercial Activities
DATE : 07 September 2011
We are transmitting copies of BIR Revenue Regulations Nos, 12-2011 and 15-2011
otherwise known as the “Reportorial Requirement for Establishments Leasing or
Rentmg-Out Spaces for Commercial Activities”.
The National Government particularly the Department of Finance through the BIR &
CDC enjoins all tax filers in the Clark Freeport Zone to comply with all the provisions
of said regulations and deadline set forth to avoid unnecessary penalties.
For inquiries or assistance, you may directly coordinate with the BIR RDO 21A
through Ms. Amalia de Leon, Chief Assessment Section at telephone number 624-
0659.
We look forward to your usual cooperation to maintain your status as taxpayers in
good standing.
FELIPE ANTONIO B. REMOLLO
President and Chief Executive Officer
OP Control No.: 17121
atch: (OCR – Machine Transcript)
REPUBLIC OF 1 HE PHILIPPINES
DEPARTMENT OF FINANCE
BUREAU OF INTERNAL REVENUE
BUREAU OF INTERNAL REVENUE”
RECORDS MGT. DIVISION
RECEIVE
August 26,2011
SUBJECT
TO
. 15′
REVENUE REGULATIONS NO
AMENDMENT TO SECTION 5 OF REVENUE REGULATIONS NO. 12-2011
All Revenue Officials, Employees and Others Concerned.
Whereas, taxpayers covered under Revenue Regulations No. 12-2011, specifically those
mandated to comply with the requirements contained under Section 5 thereof, are requesting
for an extension as they need more time to be able to comply thereto, Section 5 of Revenue
Regulations No. 12-2011 is hereby amended to read as follow:
“Section 5. Transitory Provision
This first filing of tenants profile will cover tenants as of Jury 31,201*. All
owners/sub-lessors are required to comply with these regulations by submitting
the following documents on or be fore November 2.2011:
xxx.”
These Regulations shall take effect Immediately following its publication In a newspaper
of general circulation.
Recommending Approval:
wot
«V . UR IMA
Secretary of Finance
002079
KIM S. JKQ1WO-ENARES(
Commissioner of Internal Revenue
D05397
BUREAU OF INTHfWU/- f\-BHX
REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF FINANCE
BUREAU OF INTERNAL REVENUE
July 25, 2011
REVENUE REGULATIONS NO. 12-2011
SUBJECT: REPORTORIAL REQUIREMENT FOR ESTABLISHMENTS LEASING OR RENTING
OUT SPACES FOR COMMERCIAL ACTIVITIES
TO: All Revenue Officials, Employees and Others Concerned
Section 1. Objective
All taxpayers who are engaged in business are required by law to comply with the
provisions of the National Internal Revenue Code of 1997, as amended (hereinafter referred
to as the Tax Code), particularly with the mandate that business activities must be
registered with the Bureau of Internal Revenue (BIR). This requirement necessarily covers
H owners qtsub-lessorsofcpjnmerciaLestablishments/buildings/spaces who are leasing or
renting out spaces, as well as their tenants who are engaged in commercial activities.
jt has been noted, however, that in view of the nature of their business activities,
“privilege stores” and other ambulant business tenants who lease such commercial spaces
are_unable : or have failed -__tQ-camply with the registration requirement of the Philippine
.tax system. Thus, such unregistered establishments are able to conduct business operations
and earn income without paying the proper amount of taxes due. It is essential therefore,
that the owners or sub-lessorfof such commercial establishments/buildings/spaces
‘ e
In this regard, these Regulations alre hetlWirfrKuigatea to ensure” fhat all
$g&T*sub-lessors deal only with BIR-registered taxpayers, to establish the procedure for the
submission of essential information by the owners of commercial
establishments/buildings/spaces, and to impose the appropriate sanctions- to .ensure
Section 2. Responsibility and Reportorial Requirements of Owners of Establishments for
Lease
It shall be the primary responsibility of all owners or sub-lessors of commercial
establishments/buildings/spaces to ensure that the person intending to lease their
commercial space is a BIR-registered taxpayer.
A BIR-registered taxpayer should have a Tax Identification Number, a BIR Certificate
of Registration, and duly registered receipts, sales or commercial invoices in compliance
with Sec 237 and 238 of the Tax Code.
Every 31st of January starting from the current year (for tenants as of Dec 31st of the
// previous year) and 31st of July starting from the current year (for tenants as of June 30th of
the current year), 5all owners or sub-lessors of commercial establishments/buildings/spaces
who are leasing or renting out such commercial space to any person doing business therein
are hereby required, to submit to the BIR Revenue District Office (RDO) where the
commercial establishments/ buildings /spaces are located the following information, under
oath,dn hard and soft copies:;
Building / space layout of the entire area being leased with proper unit/space
address or reference;
Certified True Copy of Contract of Lease per tenant; and
he Lessee Information Statement shall be presented in the prescribed format,
as follows: (using Excel format: printed copy and soft copy stored in a CD-R)
Lessess Information Statement (For Initial Filing)
Name of Owner/Lessor:
Address:
TJN:
Tenant’s Profile
As of [June 30, _
J or [Dec 31,
J
Location of Building/Space for Commercial Lease:
Location Name ofTenant TotalLeasedArea MonthlyRental Start of(ease(mm/dd/yyyy) Duration/ PeriodofLease BIR Registration Profile
Floor / UnitNo. TaxIdentificationNo. (TIN) Authority toPrint # forOR’s/Invoices POS/CRMPermit#•
*for taxpayers also using Point of Sale (POS) / Cash Register Machine (CRM) in dispensing receipts
Lessee Information Statement: For Subsequent Filing
Name of Owner/Lessor:
Address:
TIN:
Tenant’s Profile
For the period [January 1, ___ to June 30/ ] or [July 1,
Location of Building/Space for Commercial Lease:
to Dec 31,
i. New Tenants
Location Name ofTenant TotalLeasedArea MonthlyRental Start oflease(mm/dd/WYY) Duration/PeriodofLease BIR Registration Profile
Floor /UnitNo. TaxIdentificationNo. (TIN) Authority toPrint 8 forOR’s/Invoices POS/CRMPermit#*
•for taxpayers also using Point of Sale {POS) / Cash Register Machine (CRM) in dispensing receipts
ii. Terminated Tenants
Location Name of Tenant TaxIdentificationNumber {TIN) Total LeasedArea MonthlyRental Date leaseended(mm/dd/yyyy)
Floor / UnitNo.
Section 3. Monitoring of Compliance by the Revenue District Officers (RDOs)
a. It shall be the responsibility of the BIR Revenue District Office (RDO) where the
commercial establishments/ buildings /spaces are located to monitor compliance
with these Regulations.
Lessors may seek assistance with the Revenue District Officer (RDO) where the
commercial establishments/buildings/spaces are located to verify correctness of
TIN submitted by their tenants.
b. Immediately upon receipt of the reportorial requirements prescribed in Section 2
hereof, the BIR Revenue District Office (RDO) where the commercial
establishments/buildings/spaces are located must validate through the BIR’s
Integrated Tax System (ITS) database the registration profile of the tenants as
reported by the owners or sub-lessors of commercial
establishments/buildings/spaces.
c. The Revenue District Office (RDO) where the commercial establishments/
buildings /spaces are located is likewise mandated to forward the report
required under Section 2 hereof to the Revenue District Office (RDO) where the
owner or sub-lessor of commercial establishments/ buildings /spaces are
registered. The said RDO must maintain its own database of said information for
future audit and investigation activities.
Section 4. Penalty Clause
Every person subject_to any internal revenue tax isrequired to comply with the
Administrative Prpvjsionsjof the Tax Code which include one’s duty to comply with
registration requirement, to issue receipts or sales or commercial invoices and to secure
permit from_lheJ31R for the authority to print receiptssajes or commercial invoices. Failure
to do so shall subject such person to appropriate criminal sanction or penalty as provided
for under the Tax Code.
All owners or sub-lessors of commercial establishments/buildings/spaces who fails to
submit the reportorial requirements under Section 2 hereof or willfully submits false or
falsified information or knowingly transact with taxpayers who are not duly registered with
the BIR are subject to the penalty as provided under Section 255 and 267 of the Tax Code as
follows:
SEC. 255. Failure to File Return, Supply Correct and Accurate Information, Pay Tax
Withhold and Remit Tax and Refund Excess Taxes Withheld on Compensation. –
Any person required under this Code or by rules and regulations
promulgated thereunder to pay any tax make a return, keep any record,
or supply correct the accurate information, who willfully fails to pay
such tax, make such return, keep such record, or supply correct and
accurate information, or withhold or remit taxes withheld, or refund
excess taxes withheld on compensation, at the time or times required
by law or rules and regulations shall, in addition to other penalties
provided by law, upon conviction thereof, be punished by a fine of not
less than Ten thousand ¦5?c*e /B1* •••) and suffer imprisonment of
riot less than one (1) year but not more than ten (10) years.
xxx
SEC. 267. Declaration under Penalties of Perjury. –
Any declaration, return and other statement required under this Code,
shall, in lieu of an oath, contain a written statement that they are made
under the penalties of perjury. Any person who willfully files a
declaration, return or statement containing information which is not
true and correct as to every material matter shall, upon conviction, be
subject to the penalties prescribed for perjury under the Revised Penal
Code.
Section 5. Transitory Provision
The first filing of tenants profile will cover tenants as of July 31. 2011. All
owners/sub-lessors are required to comply with these regulations by submitting the
following documents on or before September 1.2011:
a. Building / space layout of the entire area being leased with proper unit/space
address or reference;
b. Certified True Copy of Contract of Lease per tenant; and
c. The Lessee Information Statement shall be presented in the prescribed
format, as follows: (using Excel format: printed copy and soft copy stored in a
CD-R)
Name of Owner/Lessor: TIN:
Address:
Tenant’s ProfileAs of July 31,2011Location of Building/Space for Commercial Lease:
Location Name of Total Monthly Start of Duration BIR Registration Profile
Floor/UnitNo. Tenant LeasedArea Rental lease(mm/dd/YVYV) / PeriodofLease TaxIdentificationNo. (TIN) Authority toPrints forOR’s/Invoices POS/CRMPermit#*
•for taxpayers also using Point of Sale (POS) / Cash Register Machine (CRM) in dispensing receipts
This information must be submitted under oath to the BIR Revenue District Office
(RDO) where the commercial establishments/ buildings /spaces are located, in hard and soft
copies.
Section 6. Repealing Clause
All existing regulations and other issuances or portions thereof which are
inconsistent with the provisions of these Regulations are hereby repealed, amended or
modified accordingly.
Section 7. Effectivity
These Regulations shall take effect after fifteen (15) days following its publication in
a newspaper of general circulation.
(Original Signed)
CESAR V.PURISIMA
Secretary of Finance
002682
Recommending Approval:
(Original Signed)
KIM S. JACINTO – HENARES
Commissioner of Internal Revenue
004617
Categories
- 19th Philippine Hot Air Balloon Festival in Clark
- 2012 Hot Air Balloon Festival in Clark Philippines Ticket Reservation Form Support Section
- About Angeles City, Pampanga
- About Anti-mosquito patches to prevent Dengue in Philippines
- About Asian cuisine and food of Asia
- About Clark Development Corporation CDC
- About Clark, Freeport Zone
- About Coffee
- About Easter in Clark Philippines
- About Family Bonding and Children
- About Fishing
- About Holy Week and Easter in Philippines
- About Holy Week and Easter in Philippines
- About Hot Air Balloon
- About Italian Food
- About Leisure, Stress and Relaxation
- About Mother's Day and Mother's Day Celebration
- About Nespresso Coffee, Nespresso Coffee Capsules and Pods
- About spa, places to unwind and relax
- About Subic, Baguio and Bulacan
- About the Philippines
- About the Philippines, Pampanga, Clark, and Angeles City
- About Wedding and Receptions
- Advisory and useful travel tips
- Alfresco Outdoor Dining in Clark
- All about Steaks
- All about steaks
- All News & Press Releases Archive
- Articles About Holy Week in Philippines
- Beach resorts and hotels in Clark
- Birthday, debut, baptismal, anniversary etc
- Boating and Kayaking
- Build or buy a house in Clark
- Business and investment in Clark
- Business in Clark
- Business Opportunities in Clark
- Camping and picnic
- Car and Taxi Service in Clark
- Clark
- Clark Events Archive
- Clark Flight schedules
- Clark Hot Air Balloon Festival
- Clark Hot Air Balloon Festival Complaints and Suggestions
- Clark Information
- Clark Investments Archive
- Clark Job Market Archive
- Clark Map
- Company outings and corporate events
- Condominium and Apartment in Clark
- Convenience Stores in Clark
- Corruption in Philippines, Pampanga, Subic, Clark Freeport Zone
- Culinary School in Philippines
- Doing Business in Clark
- Dormitory and Apartment Sharing
- Duty free malls in Clark
- Entertainment
- Event Venues in Clark and Pampanga
- Family outings, reunions and retreats
- Family restaurants and Fast food outlets
- Family retreat, picnics and bonding
- Fine dining Gourmet Foie Gras Cuisine
- Fine Dining Gourmet Kangaroo Cuisine
- Fine Dining Kangaroo Cuisine
- Fine dining restaurants
- Food & Beverage Archive
- Food and Beverage in Clark
- Foreigner and Tourist Assistance in Clark Archive
- Functions and events
- Games and activities for outings and picnics
- Getting around in Clark
- Getting Married in Clark and Pampanga
- Golf
- Gourmet Dining Foie Gras
- Gourmet Dining Venison Cuisine
- Gourmet Venison Cuisine
- Highly Recommended Hotels and Resorts
- Historical sites, places to see and visit
- History of Clark
- Holding a Dinner Party
- Holiday and Vacation in Philippines
- Holy Week and Easter Holiday
- Holy Week and Easter in Clark Philippines
- Holy Week and Easter Packages and Deals
- Hot Air Balloon Festival in Clark Philippines
- Hot Air Balloon Packages & Deals
- Hotel Accommodations Archive
- HOTEL and RESORTS
- Hotels & Resorts in Angeles Pampanga
- Hotels & Resorts in Clark
- Hotels and Resorts in Pampanga
- Hotels and Resorts in Philippines
- Hotels and Resorts in the North
- Hotels and Resorts near Manila
- Internet WIFI spots in Clark Philippines
- Investing in Philippines
- Investment and business opportunities
- Investment in Philippines
- Italian, French and continental cuisine
- Jobs and Careers
- Jobs in Angeles, Clark, Pampanga
- Jobs in Manila, Philippines
- Korean, Chinese and Japanese Food
- Koreans in Philippines
- Land for development
- Laws and Regulations in Clark
- Learn about wine
- Learn English in Philippines
- Leisure and recreation
- Lifestyle in Asia
- Lifestyle in Clark and Pampanga
- Liquor and Wine Shops in Clark
- Listing of businesses in Clark
- Living in Clark and Pampanga
- Manila Bus Hostage Incident 2010
- More about Holy Week and Easter Holidays
- More About Philippines Hot Air Balloon Fiesta in Clark Pampanga
- More about Weddings and receptions
- Mother's Day in Philippines
- News
- News about Hot Air Balloon
- News in Manila and North Luzon
- News in Pampanga, Angeles City, Clark, Subic
- Nightlife, casinos and entertainment
- Organizing a Cocktail Party
- Organizing company events
- Organizing Company outing
- Organizing Team Building Events
- Organizing Team Building Events
- Other restaurants, café and dining outlets
- Other shopping in Clark
- Pampanga Clark Freeport Zone or Establishment Grievances and Complaints
- Pampanga Information
- Philippine International Hot Air Balloon Fiesta
- Philippines Hot Air Balloon Festival in Clark Pampanga
- Places to go in Clark Archive
- Politics and Opinion
- Press Releases
- Product launching and marketing events
- Real Estate, Properties and Deals
- Residential village and subdivision
- Restaurants and Bars in Clark, Pampanga
- Resto Bars, Clubs and Pubs
- Resume Database
- Retirement in Clark
- Retiring in Clark Archive
- Rules & Regulations of Clark Freeport
- Safety, Law and Order in Pampanga
- Scenic spots, tourist destinations in Clark
- School Camp in Clark
- School Camp in Philippines
- Shopping
- Shopping Archive
- Short-term lease
- Sightseeing and Tourist Spots
- Social and company events planning
- Sports and outdoor events
- Sports and Recreation in Clark and Pampanga
- Sports and Recreation in Clark Archive
- Swimming and Water sports
- Teambuilding and planning
- The Clark Lifestyle
- The Green World of Clark Philippines
- THINGS TO DO IN CLARK
- Tourism and Travel
- Tourism in Clark
- Travel Accommodations Archive
- Travel agencies and airline offices
- Trekking and horseback riding
- Vacation Rental
- Vegetarian Food and Vegan Cuisine
- Vegetarian food, vegan restaurants
- Vintners' Hall of Fame
- Visit Angeles City Pampanga
- Visit Clark Philippines
- Visit Manila Philippines
- Wedding Planners, Caterers & Event Venues in Philippines
- Wedding Planning, Organization and Services
- Wedding reception Venues in Clark
- What's Happening in Clark
- Wining & Dining Archive