REVENUE MEMORANDUM CIRCULAR NO. 21-2007

SUBJECT : Attachment to the Annual Income Tax Return to be Filed for Taxable Year 2006 and Onwards

TO : All Revenue Officials, BOI- / BOI-ARMM- / PEZA-Registered Entities and Others Concerned

Section 6 of the National Internal Revenue Code (NIRC) of 1997, as amended, provides that the Commissioner may prescribe the manner of compliance with any documentary or procedural requirement relative to the preparation and submission of financial statements and tax returns. Pursuant thereto, all taxpayers registered with the Board of Investments (BOI), BOI Autonomous Region of Muslim Mindanao (BOI-ARMM) and Philippine Economic Zone Authority (PEZA) availing of fiscal incentives approved by the said agencies are hereby required, upon filing of their Annual Income Tax Return (i.e., BIR Form 1701 and 1702) for taxable year 2006 and onwards, to attach thereto the following:

a. Photocopy of the Certificate of Entitlement (CE) for Income Tax Holiday (ITH) issued by the BOI/BOI-ARMM stating therein that the concerned entity is a bona fide BOI/BOI-ARMM-registered enterprise entitled to ITH incentives; and b. Photoc opy of the Certification issued by the PEZA stating therein that the entity is a bona fide PEZA-registered enterprise entitled to ITH and / or the 5% Gross Income Tax incentive.

The above requirement is in keeping with the joint undertaking spelled out in separate Memoranda of Agreement (MOA) executed on March 1, 2007 between the BIR and the BOI / BOI-ARMM, and the PEZA. All internal revenue officers and others concerned are hereby enjoined to strictly implement the provisions of this Circular.

(Original Signed)
JOSE MARIO C. BUÑAG
Commissioner of Internal Revenue
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