PRESIDENTIAL DECREE NO. 161, March 29, 1973
FURTHER AMENDING PARAGRAPHS 1 AND 2 OF PRESIDENTIAL DECREE NO. 23, AS AMENDED
observed to he gaining unexpected momentum, thereby placing the
taxpayers concerned under pressure to beat the deadline prescribed for
the filing of the tax amnesty return;
WHEREAS, in order to afford the taxpayers the opportunity to
rectify any error that they might commit in their returns on account of
such pressure; and
WHEREAS, the taxpayer may furthermore find difficulty in
raising the necessary amount with which to pay the tax where the amount
due is quite big;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Republic 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 declare and order that:
- Subparagraph (b) of paragraph 1 of Presidential Decree No.
23 is hereby amended to read as follows:“b. The taxpayer must file a return with the Commissioner of
Internal Revenue on or before March 31, 1973, showing such previously
untaxed income and/or wealth: Provided, however, That should
the taxpayer feel that he may not be able to file an accurate return, he
may file only a tentative return declaring partial untaxed income
and/or wealth and file later an amended return on or before June 30,
1973.” - Paragraph 2 of Presidential Decree No. 23, as
amended by Presidential Decree No. 156, is hereby further amended to
read as follows:“2. The tax imposed under paragraph 1, hereof, shall be paid within the
following period:“(a) If the amount dues not exceed Pl0,000 the tax must be paid
at the time of the filing of notice and return but not later than March
31, 1973;
“(b) If the amount exceeds P10,000, but does not exceed P50.000, the tax
may be paid in two equal installments, the first installment to be paid
upon the filing of the return but not later than March 31, 1973, and
the second installment shall be paid on or before June 30, 1973;
“(c) If the amount exceeds P50,000 but does not exceed P300,000, the tax
may be paid in three equal installments, according to the following
schedule:(1) The first installment, shall be paid upon filing of the return
but not later than March 31, 1973:
(2) The second installment shall be paid on or before
June 30, 1973; and
(3) The third installment shall he paid on or before
October 1, 1973.“(d) If the amount exceeds P300.000, but does not exceed
P500,000, the tax may be paid in four equal installments, according to
the following schedule:(1) The first installment shall be paid upon filing of the return but
not later than March 31, 1973; than March 31, 1973;
(2) The second installment shall be paid on or before June
30, 1973;
(3) The third installment shall be paid on or before
October 1, 1973; and
(4) The fourth installment shall be paid on or before
December 31, 1973. - Paragraph 3 of Presidential Decree No. 23, as amended by
Presidential Decree No. 67, is further amended to read as follows:“3. After the tax imposed under this Decree shall have been paid, the
taxpayer shall not be subject to any investigation, whether civil,
criminal or administrative insofar as such previously untaxed wealth
and/or income is concerned and shall not be used as evidence against, or
to the prejudice of, the declarant in any proceeding before any court
of law or body, whether judicial, quasi-judicial or administrative in
which he is a defendant or respondent, and such declaration shall not be
examined, inquired or looked into by any person, government official,
bureau or office. It shall be unlawful for any official or employee
having knowledge of such declaration to disclose to any person any
information relative to such declaration and any violation hereof shall
subject the offender to an imprisonment of not more than five (5)
years.”
“(e) In meritorious cases and where the amount exceeds
P500,000, the Commissioner of Internal Revenue may grant extension of
time for the payment of the tax in equal installments but the last
installment shall be paid not later than June 29, 1974.
“(f) Where an amended return is filed after March 31, 1973 but not later
than June 30, 1973, the tax on the reported increase of untaxed income
and/or wealth shown in the amended return shall be at 13%. From the tax
so computed, the amount paid upon filing of the tentative return on or
before March 31, 1973 shall be deducted, and the balance shall be paid
in accordance with the foregoing schedules if the amount of the tax due
is subject to installment payments.
“(g) If any installment payment is not paid on the due date of said
installment, there shall be collected as part of the tax interest upon
such unpaid amount at the rate of 14% per annum from the due date of the
installment to the date of payment.
Any revenue official who would inquire, question or attempt to
inquire into the tax amnesty return filed by any taxpayer shall be
guilty of grave misconduct for which he will be summarily dismissed from
the service.
Done in the City of Manila, this 29th day of March, in the
year of Our Lord, nineteen hundred and seventy-three.
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(Sgd.) FERDINAND E. MARCOS
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President
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Republic of the Philippines
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| By the President: | |||
| (Sgd.) ALEJANDRO MELCHOR | |||
| Executive Secretary | |||
In order to facilitate the implementation of this Presidential
Decree No. 161, the Bureau of Internal Revenue issued its BIR
Announcement, explaining the features of the tax amnesty.