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RMO 12-99 in the case of zero-rated sales under Section 106(A)(2)(a)(1), (2) and

(b) and Section 108 (B)(1) and (2), the acceptable foreign currency
RMO-18-2013 exchange proceeds thereof had been duly accounted for in
accordance with the rules and regulations of the Bangko Sentral ng
Pilipinas (BSP): Provided, further, That where the taxpayer is
SEC. 204. Authority of the Commissioner to Compromise, Abate engaged in zero-rated or effectively zero-rated sale and also in
and Refund or Credit Taxes. taxable or exempt sale of goods of properties or services, and the
amount of creditable input tax due or paid cannot be directly and
(C) Credit or refund taxes erroneously or illegally received or entirely attributed to any one of the transactions, it shall be allocated
penalties imposed without authority, refund the value of internal proportionately on the basis of the volume of sales. Provided, finally,
revenue stamps when they are returned in good condition by the That for a person making sales that are zero-rated under Section
108(B) (6), the input taxes shall be allocated ratably between his
purchaser, and, in his discretion, redeem or change unused stamps
that have been rendered unfit for use and refund their value upon zero-rated and non-zero-rated sales. [72]
proof of destruction. No credit or refund of taxes or penalties shall be
allowed unless the taxpayer files in writing with the Commissioner a (B) Cancellation of VAT Registration. - A person whose
claim for credit or refund within two (2) years after the payment of the registration has been cancelled due to retirement from or cessation
tax or penalty: Provided, however, That a return filed showing an of business, or due to changes in or cessation of status under
overpayment shall be considered as a written claim for credit or Section 106(C) of this Code may, within two (2) years from the date
refund. of cancellation, apply for the issuance of a tax credit certificate for
any unused input tax which may be used in payment of his other
internal revenue taxes.
A Tax Credit Certificate validly issued under the provisions of this
Code may be applied against any internal revenue tax, excluding
withholding taxes, for which the taxpayer is directly liable. Any (C) Period within which Refund or Tax Credit of Input Taxes
request for conversion into refund of unutilized tax credits may be shall be Made. - In proper cases, the Commissioner shall grant a
allowed, subject to the provisions of Section 230 of this Code: refund or issue the tax credit certificate for creditable input taxes
Provided, That the original copy of the Tax Credit Certificate showing within one hundred twenty (120) days from the date of submission of
a creditable balance is surrendered to the appropriate revenue complete documents in support of the application filed in accordance
officer for verification and cancellation: Provided, further, That in no with Subsections (A) hereof. [73]
case shall a tax refund be given resulting from availment of
incentives granted pursuant to special laws for which no actual
payment was made. In case of full or partial denial of the claim for tax refund or tax credit,
or the failure on the part of the Commissioner to act on the
application within the period prescribed above, the taxpayer affected
The Commissioner shall submit to the Chairmen of the Committee may, within thirty (30) days from the receipt of the decision denying
on Ways and Means of both the Senate and House of the claim or after the expiration of the one hundred twenty day-
Representatives, every six (6) months, a report on the exercise of his period, appeal the decision or the unacted claim with the Court of
powers under this Section, stating therein the following facts and Tax Appeals.
information, among others: names and addresses of taxpayers
whose cases have been the subject of abatement or compromise;
amount involved; amount compromised or abated; and reasons for (D) Manner of Giving Refund. - Refunds shall be made upon
the exercise of power: Provided, That the said report shall be warrants drawn by the Commissioner or by his duly authorized
presented to the Oversight Committee in Congress that shall be representative without the necessity of being countersigned by the
constituted to determine that said powers are reasonably exercised Chairman, Commission on audit, the provisions of the Administrative
and that the Government is not unduly deprived of revenues. Code of 1987 to the contrary notwithstanding: Provided, That refunds
under this paragraph shall be subject to post audit by the
Commission on Audit.
SEC. 229. Recovery of Tax Erroneously or Illegally Collected. -
no suit or proceeding shall be maintained in any court for the
recovery of any national internal revenue tax hereafter alleged to SEC. 218. Injunction not Available to Restrain Collection of
have been erroneously or illegally assessed or collected, or of any Tax. - No court shall have the authority to grant an injunction to
penalty claimed to have been collected without authority, of any sum restrain the collection of any national internal revenue tax, fee or
alleged to have been excessively or in any manner wrongfully charge imposed by this Code.
collected without authority, or of any sum alleged to have been
excessively or in any manner wrongfully collected, until a claim for RA1125
refund or credit has been duly filed with the Commissioner; but such
suit or proceeding may be maintained, whether or not such tax,
penalty, or sum has been paid under protest or duress. Revenue Regulation No. 12-99
Issued September 14, 1999 implements the provisions of the Tax
Code of 1997 relative to the rules on assessment of national internal
In any case, no such suit or proceeding shall be filed after the
revenue taxes, fees and charges, as well as provides the rules for
expiration of two (2) years from the date of payment of the tax or
the extra-judicial settlement of a taxpayer's criminal violation of the
penalty regardless of any supervening cause that may arise after
said Code or any of its implementing Regulations through payment
payment: Provided, however, That the Commissioner may, even of a suggested compromise penalty. As a general principle, in case
without a written claim therefor, refund or credit any tax, where on
the tax due from the taxpayer is paid on a partial or installment basis,
the face of the return upon which payment was made, such payment
the interest on the deficiency tax or on the delinquency tax liability of
appears clearly to have been erroneously paid. the taxpayer will be imposed from due date of the tax until full
payment thereof. The interest will be computed based on the
SEC. 112. Refunds or Tax Credits of Input Tax. - diminishing balance of the tax, inclusive of interests.

(A) Zero-rated or Effectively Zero-rated Sales. - Any VAT-


registered person, whose sales are zero-rated or effectively zero-
rated may, within two (2) years after the close of the taxable quarter
when the sales were made, apply for the issuance of a tax credit
certificate or refund of creditable input tax due or paid attributable to
such sales, except transitional input tax, to the extent that such input
tax has not been applied against output tax: Provided, however, That