SUBJECT: Further Amending Certain Provision of Revenue Regulations (RR) No. 6-2005, as Amended by RR 10-2005, Implementing the Provisions of Executive Order No. (EO) 399, as Amended by EO 422, Otherwise Known as the “No Audit Program (NAP).”
TO: All Internal Revenue Officials, Employees and Others Concerned.
SECTION 1. SCOPE. Pursuant to Section 244 of the National Internal Revenue Code of 1997 in relation to EO 399 as amended by EO 422, these regulations are hereby promulgated to further amend certain section of RR 6-2005, as amended by RR 10-2005, pertaining to the deadline in the filing of NAP Participation Form.
SEC. 2. DEADLINE FOR FILING. Section 9 of RR 6-2005, as amended by RR 10-2005, is hereby further amended to read as follows:
“SECTION 9. DEADLINE. A taxpayer must file a duly accomplished application form, together with all its attachments, not later than thirty (30) days from the statutory deadline for the filing of the annual income tax return for the year subject of the application, or in the case of those taxpayers whose statutory deadline for filing their annual income tax returns occurred earlier than the date of the effectivity of these Regulations, their application must be filed within thirty (30) days from the effectivity thereof.
However, for 2005 qualification year, the NAP Participation Form of the taxpayer, together with the required attachments, must be filed on or before June 30, 2006.
All returns and payment made by a taxpayer who applied to participate in the NAP are deemed final and conclusive, and by applying to participate in the NAP, the taxpayer shall be deemed to have waived all of his rights to claim any refund appertaining thereto.
Only taxpayers whose annual income tax returns were not amended may apply to participate in the NAP. In the event the amount of taxes paid shall not be sufficient to qualify a taxpayer for the NAP, he may still qualify by making a voluntary payment in an amount not less than the deficiency required for him to qualify. Provided, that said payment shall be non-refundable nor deductible against his income. Provided, further, that said voluntary payment shall form part of the base of the year for which it was paid for purposes of determining his qualification for NAP in the subsequent tax year.
SEC. 3. EFFECTIVITY CLAUSE. These Regulations shall take effect immediately after publication hereof in any newspaper of general circulation.
(Original Signed)
MARGARITO B. TEVES
Secretary of Finance
Recommending Approval:
(Original Signed)
JOSE MARIO C. BUÑAG
Commissioner of Internal Revenue
