PRESIDENTIAL DECREE NO. 213, June 16, 1973
GRANTING AMNESTY TO PERSONS WHO ARE REQUIRED BY LAW TO FILE INCOME TAX RETURNS BUT HAD FAILED TO DO SO, SUBJECT TO CERTAIN CONDITIONS.
WHEREAS, the actual number of income tax filers for the
calendar year 1972 is about one and a half million only as shown by the records
of the Bureau of Internal Revenue;
WHEREAS, statistics on the number of wage earners,
registered owners of real property, motor vehicles and shares of stocks of
corporations, professionals, persons who have travelled abroad as well as on
taxable transactions indicate that the number of income tax filers for the
calendar year 1972 should be about four million; and
WHEREAS, the difference between the estimated and the actual
number of income tax filers is attributable to the lack of information on the
requirement to file an income tax return especially as regards those cases where
it is mandatory to file an income tax return even if no gross income was
realized in the preceding year;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers in me vested by the Constitution as
Commander-in-Chief of all the Armed Forces of the Philippines, and pursuant to
Proclamation No. 1081, dated September 21, 1972, and General Order No. 1, dated
September 22, 1972, as amended, whereby I have assumed direction of the
operation of the entire Government, do hereby decree, consistent with the
declared policy of the Government to give taxpayers a chance to reform and be a
part of the New Society that:
- Any person who is not liable to pay an income tax but is nevertheless
required by law to file an income tax return as enumerated below, and who failed
to do so, may now voluntarily file the return or returns and pay ten pesos for
each year that no such return was filed, to wit:Every (1) Filipino citizen, whether residing in the Philippines or abroad, or
(2) resident alien, or (3) non-resident alien engaged in trade or business in
the Philippines shall file an income tax return if he falls under any of the
following categories regardless of whether he derives any income or not for the
taxable year if, during that taxable year, he —(1) Is an official or employee of the Government or has a contract with the
Government of the Republic of the Philippines, or any of its agencies or
instrumentalities, including government-owned or controlled corporations,
regardless of the nature of his appointment or duration of his
employment;
(2) Is a professional;
(3) Is a registered or beneficial owner
or mortgagee of any real property;
(4) Is a registered or beneficial owner or
mortgagee of any motor vehicle;
(5) Is a registered or beneficial owner, or
mortgagee of any share of stock or security of a corporation, or any interest in
a firm or partnership;
(6) Has travelled abroad, except children below
eighteen years of age;
(7) Has filed a certificate of candidacy for any
public office except barrio officials and municipal councilors; and
(8) Is
engaged in trade or commerce. - Any person liable to pay an income tax who failed to file the corresponding
income tax return and pay the tax due thereon, may now voluntarily file the said
return or returns exempt from any liability or increments incident to the
non-filing of the return or non-payment of the tax due thereon provided
he pays ten pesos for each year that no return was filed plus an amount equal to
twenty per centum of the tax due on the returns or returns voluntarily filed. - The amount or amounts payable, as provided above, must be paid in
full uponfiling of the income tax return or returns which shall not be later than
October 31, 1973, and such payment shall entitle the person making the return to
all the immunities provided in Presidential Decree No. 23, as amended. - Persons who availed of the amnesty provided under Presidential
Decree No. 23, as amended, or those, who availed or may avail of the amnesty
under Presidential Decree No. 201 are not subject to this Decree. - The Secretary of Finance, upon the recommendation of the Commissioner of
Internal Revenue, shall promulgate the rules and regulations to implement this
Decree.
Done in the City of Manila, this 16th day of June, in the year of Our Lord,
nineteen hundred and seventy-three.
(Sgd.) FERDINAND E. MARCOS
President
Republic of the Philippines
By the President: (Sgd.) ROBERTO V. REYES Assistant Executive Secretary