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FEE STRUCTURE
Pursuant
to Department Order No. 49-2000, following
is the fee structure in filing TCC applications,
TCC transfers, TCC replacements and Certifications
at the CENTER:
A.
Filing Fee: A fee collected from the claimant
upon submission of tax credit/duty
drawback application, computed according
to the following schedule:
|
Amount of Claim |
Filing Fee |
|
PhP 100,000.00 and below |
PhP 200.00 |
|
PhP 100,000.00 - PhP 400,000.00 |
PhP 400.00 |
|
PhP 400,001.00 - PhP700,000.00 |
PhP 600.00 |
|
PhP 700,001.00 - PhP 1,000,000.00 |
PhP 800.00 |
|
Over PhP 1,000,000.00 |
PhP 1,000.00 |
B. Processing Fee: A fee equivalent
to one and one-fourth percent (1.25%) of
the amount of claims collected from the
claimant upon completion of the
application documents before the
evaluation of the claim; PROVIDED, that
the amount of processing fee shall not
exceed ONE HUNDRED FIFTY THOUSAND PESOS (P
150,000.00).
C.
TCC Transfer Fee: A fee of P 300.00 payable
for each application for transfer, regardless
of the amount of TCC.
* Where a tax credit certificate is
transferred in part, the subsequent
application for transfer of the remaining
portion of the tax credit certificate
shall also be subject to the payment of
the transfer fee.
D. TCC Replacement Fee: A fee
collected from the claimant for
application for the replacement of a TCC
lost in the custody of the TCC owner, as
provided under Office
Order No. 94-01, computed according to
the following schedule:
| Amount/Unused
Portion of Lost TCC |
Replacement Fee |
|
PhP 100,000.00 and below |
PhP 2,000.00 |
|
PhP 100,000.00 - PhP 400,000.00 |
PhP 3,000.00 |
|
PhP 400,001.00 - PhP 700,000.00 |
PhP 4,000.00 |
|
PhP 700,001.00 - PhP 1,000,000.00 |
PhP 5,000.00 |
|
Over PhP 1,000,000.00 |
PhP 6,000.00 |
On the other hand, TCCs
that are lost while in the custody of
the government could be requested for
replacement without any expense on the
part of the owner pursuant to Department
Order 26-01 dated November 5, 2001.
E.
Certification Fee: A fee of P 150.00 charged for requests
for certifications as follows:
-
That a firm has no similar, previous
and/or outstanding application for tax
credit and duty drawback;
-
That a firm has not used a particular
Certificate of Identification, Export
Declaration, Bill of Lading or Airway
Bill for tax credit or duty drawback application;
-
The authenticity of Tax Credit Certificates;
-
Other
similar requests for certification.
All
fees and charges are
non-refundable
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| INCENTIVE
LAWS ADMINISTERED
The
CENTER processes claims for tax credits
and duty drawback claimed under the following
incentive laws:
-
Executive Order No. 226 (Omnibus Investment
Code of 1987), as amended by Republic Acts
7918 and 7369: Tax credits on raw materials
and domestic breeding stock for firms registered
with the Board of Investments.
-
Section
106 of the Tariff and Customs Code of the
Philippines, as amended:
Tax credits on imported raw materials.
-
Section 112 of the National Internal Revenue
Code: Tax credits on creditable
input VAT due or paid, attributable to
zero-rated or effectively zero-rated sales.
-
Republic Act 7844 (Export Development Act of
1994): Tax credits for increase in
export revenues.
-
Section
9 of Republic Act 8479 (An Act Deregulating
the Downstream Oil Industry):
Tax credits on domestic capital equipment
for companies registered with the Board of
Investments in refining, storage, marketing
and distribution of petroleum products.
-
Section
35 of Republic Act 8550 (Philippine
Fisheries Code of 1998):
Tax credits on fuel consumption of
commercial fishing vessel operators engaged
in fishing in the high seas.
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| TYPES
OF TAX CREDIT ISSUED
| Incentive
Law |
Tax
Credit Form No. |
Uses |
Processing
Group |
| EO.
266 |
OSS-Center
Form No. 0301 series of 2005 |
Duty
Portion: for payment of duties and
taxes at the Bureau of Customs (BOC)
VAT Portion: for payment of internal
revenue tax, excluding withholding
tax, for which the TCC holder is directly
liable at the Bureau of Internal Revenue
(BIR).
|
Investment
Incentives Group |
| Section
106 of the TCCP |
OSS-Center
Form No. 0302 series of 2006 |
For
payment of duties and taxes at the
BOC. |
Duty
Drawback Group |
| Section
112 of the NIRC |
OSS-Center
Form No. 0303 series of 2005 |
For
payment of internal revenue tax, excluding
withholding tax, for which the TCC
holder is directly liable at the BIR |
Tax
and Revenue Group |
| RA
7844 |
OSS-Center
Form No. 0301 series of 2005 |
|
Investment
Incentives Group |
| Section
9 of RA 7849 |
OSS-Center
Form No. 0301 series of 2005 |
Duty
Portion: for payment of duties and
taxes at the BOC.
VAT Portion: for payment of internal
revenue tax, excluding withholding
tax, for which the TCC holder is directly
liable at the BIR.
|
Investment
Incentives Group |
| Section
35 of RA 8550 |
OSS-Center
Form No. 0301 series of 2005 |
Duty
Portion: for payment of duties and
taxes at the BOC.
VAT Portion: for payment of internal
revenue tax, excluding withholding
tax, for which the TCC holder is directly
liable at the BIR
|
Investment
Incentives Group |
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APPLYING
FOR TAX CREDITS
Applicants
for tax credit and/or duty drawback under
any incentive law shall file their applications
as follows:
1. Acquire a Claimant Information Sheet
(CIS) from the CENTER's Receiving and
Transmittal Unit I (RTU-1) located at
the Podium Level of the Department of
Finance Building.
2.
Correctly fill out all the required information
of the CIS and have it notarized.
3.
Prepare all the documentary requirements
listed in the
Checklist of Requirementss applicable for the
specific incentive law and computation
scheme being applied for (i.e. for E.O.
226: Direct Regular, Direct Standard,
Indirect Regular, Indirect Standard, ATCS
Standard, and ATC Regular), including
the necessary tables and schedules. These
shall constitute the application docket
of the applicant of which, completeness
and acceptability shall be a factor in
the expediency of processing.
4.
Submit the application documents to the
processing group tasked to do the evaluation
of the claim type according to the following
table:
| Incentive
Law |
Processing
Group |
Location |
| E.O.
266 |
Investment
Incentives Group |
3/F
DOF Building,
Left wing
|
| Section
106 of the TCCP |
Duty
Drawback Group |
3/F
DOF Building,
Right wing
|
| Section
112 of the NIRC |
Tax
and Revenue Group |
4/F
DOF Building,
Left wing
|
| RA
7844 |
Investment
Incentives Group |
3/F
DOF Building,
Left wing
|
| Section
9 of RA 7849 |
Investment
Incentives Group |
3/F
DOF Building,
Left wing
|
| Section
35 of RA 8550 |
Investment
Incentives Group |
3/F
DOF Building,
Left wing
|
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 Processing of Claims under the Investment
Incentives Group (IIG)A.
Submission of the application with the
required basic documents
The application consisting of the Claim
Information Sheet (CIS) together with
the basic documents as indicated in the
Checklist of Requirements shall be submitted by the
applicant to the IIG Officer-of-the-Day
for pre-screening for checking of the
order of documents and proper
filling up of the CIS. If the claim passes
the pre-screening, the claimant is required
to pay the filing fee; otherwise,
the application docket is returned to
the claimant.
Upon completion of the basic required
documents based on the checklist, the
claimant is required to pay the processing
fee.
B.
Claim Evaluation and Approval
The evaluation proper is composed of 3
main parts:
(1) checking whether the transactions
being claimed are indeed qualified for
tax credit based on criteria set by law;
(2) verification of the transactions being
claimed for tax credit through:
(2.1) confirmation of the documents
submitted with issuing entities and
government agency/ies; and
(2.2) validation of transaction in the
claimant’s Books of Accounts.
(3) computation of tax credit due.
These tasks are performed in an assembly-line
type of processing called the “process-based
system.”
If any issue or question comes up at any
point during the evaluation, the claimant
is notified and required to explain the
issue and/or submit substantiation documents.
Upon completion of the evaluation process,
a report is prepared by the claim evaluator,
for review of the IIG Head and final approval
of the CENTER Executive Director.
Corresponding TCC is prepared afterwards,
or a denial notice, depending on the action
taken on the claim.
see process flow
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Processing of Claims under the Duty Drawback
Group (DDG)
Applications under Section 106
of the Tariff and Customs Code of the Philippines
A. Submission of the application with the
required basic documents
The application consisting of the Claim
Information Sheet (CIS) together with the
basic documents as indicated in the
Checklist of Requirements
shall be submitted by the applicant to the DOF Receiving Section for filing and payment
of the corresponding filing fee.
The DOF Receiving Section then forwards
the application documents to the Duty Drawback
Group (DDG) for checklisting. If the documents
accompanying the application are complete,
the DDG notifies the claimant for the payment
of the processing fee. Otherwise, the claimant
is informed of the lacking documents and
given 30 days to submit the same. After
compliance, the claimant pays the processing
fee.
B. CLAIM EVALUATION
Evaluation is composed of 3 main parts:
(1) checking whether the transactions being
claimed are indeed qualified for tax credit
based on criteria set by law;
(2) verification of the transactions being
claimed for tax credit through confirmation
of the documents submitted; and
(3) computation of tax credit due.
These tasks are performed by DDG examiners.
If any issue or question comes up at any
point during the evaluation, the claimant
is notified and required to explain the
issue and/or submit substantiation documents.
Upon completion of the evaluation process,
a report is prepared by the examiner, for
review of the DDG Head and endorsement of
the CENTER Executive Director to the BOC
Tax Credit Committee.
C. REVIEW AND APPROVAL OF THE EVALUATION
REPORT
Upon approval of the evaluation report by
the CENTER Executive Director, the claim
is reviewed and further evaluated at the
Tax Credit Committee-Bureau of Customs where additional
documents and/or report revisions may be
required. After compliance therewith by
the evaluating DDG examiner, the report
will be submitted again for approval and
subsequent issuance of a corresponding Tax
Credit Certificate, or Notice of Denial,
whichever is applicable.
see process flow
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Processing of Claims under the Tax and Revenue Group (TRG)
Applications
under Section 112 the National Internal
Revenue Code
A. Submission of the application with the
required basic documents
The application consisting of the Claim
Information Sheet (CIS) together with the
basic documents as indicated in the
Checklist of Requirements shall be submitted by the applicant to the
Tax and Revenue Group (TRG) at the CENTER
for checklisting. If the documents accompanying
the application are complete approval sheet
duly signed by the TRG Head shall be issued
to the claimant or the authorized representative
for the payment of the corresponding filing
and processing fees at the CENTER Cashier;
otherwise the applications with the accompanying
documents shall be returned to the applicant
and will be accepted only upon completion
of the required basic documents.
B. Claim Evaluation
Tax Verification Notices (TVNs) are issued
on officially accepted claims and assigned
to evaluating groups at the TRG for evaluation.
Conduct of audit or evaluation of claims
under Section 112 NIRC is guided primarily
by Revenue Memorandum Order 2-93 and other applicable BIR
issuances and NIRC provisions.
Field
Audit is conducted at the Office of the
claimant where the records are kept (Head
Office of the company or the place where
the company is registered). The books of
accounts of claimants are verified and the
corresponding source documents for purchases,
sales and related accounts are vouched to
determine the correctness and validity of
claims filed and to determine VAT liabilities
, if any, of the claimant.
Verification
of registration of claimants and their suppliers
against the BIR Integrated Tax System is also
made. The
claim processing, as provided under Section
112 (D) of the NIRC, is 120 days upon submission
of complete documents. In case of failure
of the claimant to submit the complete documents,
they are given up to three notices to comply;
otherwise, the TRG will submit a recommendation
to deny the claim to the Executive Director
of the CENTER and the claimant will be notified accordingly. The claimant may file
an appeal within thirty (30) days from receipt
of notice of denial.
On completed evaluations, after conferring
with claimants as to audit results, the
corresponding TRG evaluation reports as
prepared by the TRG examiners and reviewed
by the TRG Head are submitted to the Center
Executive Director for approval.
C. REVIEW AND APPROVAL OF THE
EVALUATION REPORT
Upon approval of the evaluation report by
the CENTER Executive Director, the claim
is reviewed and further evaluated at the
BIR National Office-Assessment Service where
additional documents and/or report revisions
may be required. After compliance therewith
by the evaluating TRG group, the report
will be submitted again for approval and
subsequent issuance of a corresponding Tax
Credit Certificate, or Notice of Denial,
whichever is applicable.
see process flow
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