PERSONS REGISTERING UNDER E.O. 98 (securing a TIN to be able to transact with any government office, e.g. LTO, NBI, DFA, etc.)
What this is For:
BIR Form 1904 BIR Form 1904 Application for Registration of One Time Taxpayer And Persons Registering Under EO 98 (securing a TIN to be able to transact with any government office)
Where to File:Revenue District Office having jurisdiction over residence of the applicant.
How to File:
HOW / PROCEDURE
Accomplish BIR Form 1904 BIR Form 1904 and submit the same, together with the required attachments, to the Revenue District Office having jurisdiction over residence of the applicant.
Application shall be accomplished and filed before transacting with any government agencies or instrumentalities.
RELATED REVENUE ISSUANCES
RR No. 13-93, RR No. 2-96, RR No. 11-99, RR No. 11-2000, RR No. 3-2003 and RR No.12-2003
RMO No. 22-91, RMO No. 23-91, RMO No. 41-94, RMO No. 48-94, RMO No. 54-97, RMO No. 54-98, RMO No. 82-99, RMO No. 11-2000 and RMO No. 10-2002
RMC No. 58-91, RMC No. 39-95 and RMC No. 6-2003
Section 232 to 235 of the National Internal Revenue Code
FREQUENTLY ASKED QUESTIONS
1) Who are required to register with the BIR
Any person, whether natural or juridical, required under the authority of the Internal Revenue Code to make, render or file a return, statement or other documents shall be supplied with or assigned a Taxpayer Identification Number (TIN), which he shall indicate in such return, statement or document filed with the Bureau of Internal Revenue for his proper identification for tax purposes.
2) Are non-resident aliens and non-resident foreign corporations receiving income from sources within the Philippines required to register with the BIR
No, tax due from them shall be remitted/paid to the BIR by the payor who shall constitute as the withholding agent of the tax (RMC 39-95).
3) If the taxpayer is engaged in VATable activity, but the gross sales or receipts from business or practice of profession is P 550,000.00 or below, is he required to register
Yes, he is required to register as a Non-VAT taxpayer. However, if his gross sales or receipts is more than P 100,000.00 but does not exceed P 550,000.00, he has the option to register as VAT taxpayer. In the case of marginal income earners with gross sales or receipts of P 100,000 and below, they have no other option but to register as non-VAT taxpayer (RMC 39-95).
4) Are taxpayers required to register their business annually
No, taxpayers are required to register only once before commencing their business. However, they are required to pay the registration fee of P 500.00 annually.
5) Are there instances where the taxpayers are required to register more than once
Yes, registered taxpayers are required to register again in the following instances:
a) Establishment of new branch/storage place/place of production
b) Engaging in different business activity (i.e. a VAT taxpayer engaging in a non-VAT activity or vice versa)
c) Major changes in business structure resulting to change of ownership
6) When is the taxpayer required to apply for registration and pay the registration fee
New taxpayers shall apply for registration and pay the registration fee before commencing their business. Thereafter, taxpayers should pay the annual registration fee not later than January 31 every year.
Note: Persons engaged in either VAT or Non-VAT taxable business, whose gross sales or receipts did not exceed P 100,000 for the immediately preceding 12-month period is exempt from paying the annual registration fee.
7) Where should a taxpayer register
All taxpayers are required to register with the RDO having jurisdiction over the head office, branch office, place of production or storage place where inventory of goods for sale or use in business are kept.
8) Are branches, storage places and places of production also required to pay the Annual Registration Fee of P 500
Each branch is required to pay the Annual Registration Fee of P 500. However, storage and production places are liable to the annual registration fee only when sales operations are conducted thereat.
9) Who are required to register without paying the registration fee
a) Non-stock, non-profit organizations and associations, not engaged in trade or business, and cooperatives (RMO 41-94)
b) Government agencies and instrumentalities, government offices not engaged in proprietary activities
c) Storage places/place of production/extension offices where no selling operations are conducted thereat (RMO 41-94)
d) Taxpayers enjoying exemptions under R.A. 6810 (Kalakalan 20)
e) Persons engaged in either VAT or Non-VAT taxable business, whose gross sales or receipts did not exceed P 100,000 for the immediately preceding 12-month period (RR 11-2000)
f) Persons who will be engaging in business for first time whose expected gross sales or receipts for any 12-month period will not exceed P 100,000 (marginal income earner) (RR 11-2000)
g) Individuals earning purely compensation income/overseas workers (Sec. 236 of the NIRC)
10) Are taxpayers transferring business address within the year either within the same district or to another district required to pay another registration fee of P 500
No, since the annual registration fee is payable annually, they are no longer required to pay the registration fee to the new district office, provided the P 500 was already paid.
11) After complying with all the requirements for registration, what document will be issued to the taxpayer as proof of registration
Certificate of Registration (BIR Form 2303)
12) When will the Certificate of Registration be issued to the taxpayer
The Certificate of Registration (BIR Form 2303) will be issued not later than five (5) working days from filing of application and submission of all documentary requirements, and upon presentation of duly validated BIR Form 0605 as proof of payment of Annual Registration Fee or Official Receipt.
13) Who will issue the Certificate of Registration
The RDO having jurisdiction of the head office, branch, storage/ production place shall issue the Certificate of Registration.
14) How many Certificate of Registration (BIR Form 2303) shall be issued by the Revenue District Office
For every Application for Registration, there shall be a corresponding Certificate of Registration to be issued to the head office and each branch, each storage place or each place of production being registered.
15) How are the registered activities reflected in the Certificate of Registration
The RDO issuing the Certificate of Registration shall reflect the registered activities in the Certificate by checking the box(es) corresponding to the approved registered activities, and cross- out the boxes not applicable. For example, if the registration is for VAT only, the RDO shall check the box for VAT and cross-out all other boxes.
16) Why is there a need to cross-out in the Certificate of Registration the activities which have not been applied for registration by the taxpayer
This is to prevent the taxpayer from making undue alterations in his Certificate of Registration.
17) What will the taxpayer do with the Certificate of Registration and the Proof of Payment of Annual Registration Fee
The original copy of Certificate of Registration and the duly validated BIR Form 0605 as proof of payment of Annual Registration Fee are required to be displayed in any conspicuous place in the head office, branch office, storage place or place of production.
18) What are the instances when a taxpayer can apply for cancellation of his registration
A taxpayer can apply for cancellation of his registration in the following instances:
a) due to closure/cessation or termination of business; and
b) change in organization structure.
19) Is there a particular form prescribed for Application for Cancellation of Registration
Yes, BIR Form 1905 (Application for Registration Information Update).
20) Where shall the Application for Registration Information Update be filed
It shall be filed with the RDO who issued the Certificate of Registration. For VAT taxpayer, he shall further notify the RDO where the Home Office is registered.
21) If a taxpayer is in doubt of his status as VAT taxpayer, what is he supposed to do
Go to the RDO who has jurisdiction over his place of business and seek assistance.