Intro to Documentary Accounting, Taxpayer University teaches

Описание: Procedure in the Issuance of ATCA for the Cancellation/Reduction of Assessment

The Revenue Officer/Seizure Agent shall:

Receive the docket with approved recommendation to cancel or reduce the assessment;

In cases of cancellation of assessment, fill-up the ATCA (BIR Form No. 0402) (Annex 300-1.9) to reflect the amount of assessment cancelled; and enter the cancellation of the assessment in the GCL;

In case of reduction of assessment,

3.1. Fill-up the ATCA (BIR Form No.0402) to reflect the total amount of

assessment and enter the same in the GCL; and

3.2. Issue a new FAN corresponding to the reduced assessment for collection and enter the pertinent information in the GCL as a newly created account.

4. Forward the docket to the Administrative Division (for Regional Office cases) or Records Division (for national office and large taxpayers’ cases) for safekeeping and future reference.

The Regional Director/ACIR-LTS/CS/LS shall:

Receive and review the duly-filled -up ATCA; and

Affix signature on the ATCA and return the same to the concerned office for posting of the same to the GCL.

The concerned Office shall prepare the reports on Inventory List of Accounts Receivables/Delinquent Accounts Written-Off (Annex 300-1.10) and the Monthly List of Accounts Receivable/Delinquent Accounts Cancelled by ATCA, BIR Form No. 1247 (Annex 300-1.11) [Refer to CM 306- Monitoring of ARs/DAs].

CM 303 Handling of Taxpayer’s Protest on the Assessment [Refer to fc 303]

A taxpayer who was issued a Final Assessment Notice (FAN) by a Regional Office/LTS/NID may file a written administrative protest requesting for reconsideration or reinvestigation as to legal and factual basis of the assessment within thirty (30) days from receipt thereof.The request for reconsideration or reinvestigation shall be accompanied by a Waiver of Statute of Limitation issued by the taxpayer and approved by an authorized internal revenue officer.

All letters of protest involving questions of facts and requests for re-investigation/reconsideration shall be referred to the Assessment Division of the Regional Office/Enforcement Service (ES)/LTS, for proper recording and appropriate action on the protest. If the protest involves a question of law, it shall be referred to the Legal Division of the Regional Office/Legal Service for appropriate resolution. It is the responsibility of the concerned division/office that resolved the protest to inform the taxpayer on the results thereof.

Upon receipt of any letter from the taxpayer (e.g. protest, request for compromise, abatement or any other communications and documents), the concerned Revenue Officer/Legal Officer at the Administrative Division (AD)/Enforcement Service (ES)/LTS/Regional Legal Division/Legal Service is required to take prompt action thereon within fifteen (15) days from receipt of the communication. The Revenue Officer shall send at least a letter to the taxpayer acknowledging the receipt of its/his/her letter.

Requests for reinvestigation or reconsideration for tax assessments that have already become final and executory due to the failure of the taxpayer to file a protest within the prescribed reglamentary period shall no longer be entertained by any concerned office. Accordingly, any office that has jurisdiction over such requests for reinvestigation/reconsideration shall immediately advise the taxpayers in writing that the said requests could no longer be granted; that the tax assessments are already considered final, executory and demandable; and that collection enforcement proceedings shall be instituted by the Bureau.

The taxpayer’s request for reinvestigation or reconsideration must state the facts, the applicable laws, rules and regulations, or jurisprudence on which his protest is based; otherwise, his protest is considered void and without force and effect. If there are several issues involved in the disputed assessment and the taxpayer fails to state the facts, the applicable laws, rules and regulations, or jurisprudence in support of his protest against some of the several issues on which the assessment is made, the same shall be considered undisputed issue or issues, in which case, the taxpayer shall be required to pay the corresponding deficiency tax or taxes attributable thereto.