BIR REGULATIONS NO. 4-2000, July 18, 2000
PRESCRIBING THE POSTING OF NOTICE FOR THE ISSUANCE OF SALES/COMMERCIAL INVOICE AND/OR OFFICIAL RECEIPT BY PERSONS REQUIRED BY LAW TO ISSUE SALES/COMMERCIAL INVOICES AND/OR OFFIC…
Section 244, in relation to Sections 237, 238, 264 and 275 of the Tax
Code of 1997, these Regulations are hereby promulgated to prescribe the
posting of a notice on the requirement for the issuance of
sales/commercial invoice and/or official receipts by persons engaged in
trade or business, including the exercise of profession, who are
required by law or regulations to issue sales/commercial invoice and/or
official receipts, define violations thereof and provide the penalties
for non-compliance therewith.
SEC. 2. Policy. — These Regulations are intended to
improve revenue collection through the enforcement of the legal
provision on the issuance of sales/commercial invoice and/or official
receipt by persons required by law or regulations to issue
sales/commercial invoices and/or official receipts and to inculcate upon
the minds of the taxpaying public that the issuance of sales
invoice/official receipt is mandated by law such that every seller is
obligated to issue sales/commercial invoice and/or official receipt on
sales transactions with or without demand from the buyer of goods and
services.
SEC. 3. Exhibition of Notice at Place of Business. —
Persons required to issue sales/commercial invoices and official
receipts under existing rules shall cause to be posted in their places
of business, including branches and mobile stores, in such area
conspicuous to the public, a notice containing and showing in bold
letters the following:
NOTICE TO THE PUBLIC:
THIS BUSINESS ESTABLISHMENT IS REQUIRED BY LAW TO
ISSUE SALES/COMMERCIAL INVOICE/OFFICIAL RECEIPT. VIOLATION HEREOF IS
PUNISHABLE BY FINE AND/OR IMPRISONMENT. PLEASE REPORT ANY VIOLATION TO
THE BUREAU OF INTERNAL REVENUE.
(Issuance of sales/commercial invoice and/or official
receipt is not required for every sale valued at P25 or below by a
Non-VAT taxpayer)
Commissioner of Internal Revenue
At no time shall the above notice be detached, removed or covered
from public view. For uniformity, the size specification of the notice
shall be twelve (12) inches in width and eight (8) inches in length,
SEC.4. Violations and Penalties. — The following acts or omissions shall constitute violation of these Regulations:
a) Failure and neglect to post the notice required herein; and/or
b) Deliberate removal of the notice.
Any person who commits any of the above acts or omissions shall,
upon conviction, be punished by a fine of not more than One Thousand
Pesos (P1,000) or suffer imprisonment of not more than six (6) months,
or both, pursuant to the provisions of Section 275 of the National
Internal Revenue Code (NIRC) of 1997.
SEC. 5. General Provisions. — In case of corporations,
partnerships or associations, the penalty shall be imposed on the
president, partner, general manager, branch manager, officer-in-charge
and/or employees responsible for the violation.
SEC. 6. Repealing Clause . — All rules and regulations
and other revenue issuances or parts thereof inconsistent with the
provisions of these regulations are hereby amended accordingly.
SEC. 7. Effectivity . — These Regulations shall take effect after fifteen (15) days from publication in any newspaper of general circulation.
Adopted: 18 July 2000
(SGD.) JOSE T. PARDO
Secretary of Finance
Recommending Approval:
(SGD.) DAKILA B. FONACIER
Commissioner of Internal Revenue