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Tax Tweets

Reyes Tacandong & Co. proudly relaunches its official monthly publication which highlights select and significant issuances and advisories of various government agencies including the BIR, SEC, BOC, FIRB, and PEZA.

This Tax Tweets Revival Issue covers select and significant issuances and advisories from January to March 2023.

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BIR Issuances

Filing and Payment of Annual Income Tax Returns for Calendar Year 2022

Revenue Memorandum Circular No. 32-2023
Issued on March 16, 2023

The deadline for filing the Annual Income Tax Return for CY 2022 and payment of corresponding tax due thereon is April 17, 2023. Taxpayers may file and pay with any Authorized Agent Bank (AAB) or Revenue Collection Officer (RCO), notwithstanding the RDO where the taxpayer is registered and without penalty for wrong venue filing.

Taxpayers mandated to use eFPS shall file AITRs electronically and pay through the EFPS-AABs where they are enrolled. In case the filing cannot be made through eFPS due to any of the following reasons, filing shall be made through eBIRForms:

  1. Enrollment to BIR-eFPS and eFPS-AAB is still in process;
  2. The enhanced forms are not yet available in eFPS;
  3. Unavailability of BIR-eFPS covered by duly released advisory; or
  4. Unavailability of eFPS-AAB system as informed by the AAB

For returns electronically filed through eBIRForms, the tax due may be paid through any AAB or to any RCO of the RDO or through prescribed ePayment Gateways.

For manually filed AITRs, the tax due may be paid through RCOs of the RDO in cash (up to Php20,000.00 only) or in check payable to “Bureau of Internal Revenue” regardless of amount.

“No Payment AITRs” shall be filed electronically through eBIRForms. For certain individuals filing their own returns, the “No Payment AITRs” may be filed manually with the RDO in three (3) copies in Legal/Folio size bond paper.

For electronically filed AITRs without any required attachment, printed copies need not be physically submitted to the Large Taxpayers Service (LTS)/RDO. For those with attachments, these may be submitted through the Electronic Audited Financial Statement (eAFS) System or to the taxpayer’s LTS/RDO within 15 days from the filing deadline.

eATRIG on Importation of Sweetened Beverages

Revenue Memorandum Order No. 10-23
Issued on March 21, 2023

Supplemental guidelines were prescribed governing the application for eATRIG by importers of sweetened beverages through the national single window (NSW) ( All applications for eATRIG shall be filed through the NSW and details/information pertaining to such applications shall be lodged using the Other Special Law or International Agreement (OSLA) field. The supporting documents for the eATRIG application must be submitted to the Excise LT Regulatory Division in the BIR National Office for evaluation and automatic transmission to the BOC. Once approved, the eATRIG shall be accessed through the system.

Importation no longer requiring ATRIG from BIR prior to release by BOC

Revenue Memorandum Circular No. 31-2023
Issued on March 16, 2023

The BIR clarified that importation of ingredients for the production of fertilizers and finished feeds will no longer require Authority to Release Imported Goods (ATRIG) from the BIR before release of the goods by the BOC. The certificate secured from the Bureau of Animal Industry (BAI), or other concerned regulatory government agency, certifying that the ingredient imported is unfit for human consumption or the goods being imported cannot be used for the production of food for human consumption, shall be directly presented to the BOC for release of the imported goods.

Circularization of EPR Act of 2022 and its IRR

Revenue Memorandum Circular No. 28-2023
Issued on March 3, 2023

The BIR, through RMC 28-2023, circularized Republic Act No. 11898 (long title: “An Act Institutionalizing The Extended Producer Responsibility on Plastic Packaging Waste”) or the Extended Producer Responsibility (EPR) Act of 2022 and its IRR, which allows Obliged Enterprises and Producer Responsibility Organizations (PROs) acting on their behalf, and other registered business enterprises to apply for certain incentives for eligible activities.

The EPR expenses shall be considered as necessary expenses deductible from gross income subject to substantiation requirements under the Tax Code.

BIR Online Registration and Update System (ORUS) Facility

Revenue Memorandum Circular No. 3-2023
Issued on January 10, 2023

This Circular amends Section 2 of RMC No. 29-2019 regarding the manner of registration of books of accounts using the ORUS facility at

The amendment provides that all books of accounts (BA) shall be registered online with ORUS.

Type of Business Registrant

Type of Books of Accounts

Deadline for Registration


New Business Registrant Manual Books of Accounts Before deadline for filing of initial quarterly ITR or AITR whichever comes first. Before full consumption of the pages of previously registered books
Existing Business Taxpayers or Subsequent Registration Manual Books of Accounts Before use of books. Before full consumption of the pages of previously registered books
Permanently Bound Loose leaf Books of Accounts Within 15 days after end of each taxable year or within 15 days from closure of business
operations, whichever comes first, unless extended by CIR or authorized representative upon request of
the taxpayer before the lapse of the period.
Computerized Books of Accounts Within 30 days from close of each taxable year or within 30 days from closure of business
operations, whichever comes first, unless extended by CIR or authorized representative upon request of
the taxpayer before the lapse of the period.

After registration with ORUS, the system will generate a “QR Stamp”, which taxpayers shall paste on the first page of their manual books of accounts and permanently bound loose leaf books of accounts. In case of computerized books of accounts, the QR Stamp shall be attached to the transmittal letter showing the content of the USB flash drive where the books of accounts and accounting records are stored.

Other Available Transactions on ORUS Facility

Revenue Memorandum Circular No. 12-2023
Issued on January 27, 2023
Revenue Memorandum Circular No. 36-2023
Issued on March 20, 2023

Starting January 23, 2023, updating of the following registration information is available online through ORUS:


Application Details

Information Update
  • Availment of 8% IT Option
  • Submission of application for change in accounting period
  • Registration/Addition of Tax Incentive
  • Change/Update of Contact Type
  • Change/Update of Contact Person/Authorized Representative
  • Change/Update of Stockholders/Members/Partners
  • Registration of PTU Loose-leaf
  • System Registration of CAS
Other Online
  • Submission of application for closure or de-registration of business
  • Submission of application for TIN cancellation

Starting March 17, 2023, the following registration-related online transactions, functions and features in the BIR ORUS will be available and implemented:

  • Online Payment (e-Payment) of Annual Registration Fee (RF) for New Business Registrants
  • Online Inquiry of RF Payment for BIR Internal Users
  • Application for Cancellation of PTU Loose-leaf and Acknowledgment Certificate of CAS
  • Online Verification of TIN
  • BIR Registered Business Search Facility

Taxpayers without ORUS accounts and opted to use the said facility of the BIR are required to enroll or create an ORUS account.

Clarification on the posting of export bond prior to removal of tobacco products, heated tobacco products and vapor products for export

Revenue Memorandum Circular No. 21-2023
Issued on February 16, 2023

The option of posting an export bond may be availed of by manufacturers/exports subject to the following conditions:

  • In no case shall they avail two options (product replenishment and export bond) at the same time to cover the
    excise tax due for the same shipment
  • Amount of export bond shall be equivalent to, at a minimum, the applicable excise taxes due on the two
    immediately preceding shipments
  • Manufacturers/exporters shall file and submit the export bond to the Excise Large Taxpayers Regulatory Division
    and copy furnish the Chief, Excise Large Taxpayers Field Operations Division

Use of eONETT System by sellers habitually engaged in the sale of real properties

Revenue Memorandum Circular No. 10-2023
Issued on January 26, 2023

Sellers habitually engaged in the sale of real properties like real estate developers with voluminous ONETT transactions are hereby urged to use the eONETT System in securing the ONETT Computation Sheet/electronic Certificate Authorizing Registration and to pay electronically thru the available ePayment channels of the BIR.

Quarterly Filing of VAT Returns under the TRAIN Law

Revenue Memorandum Circular No. 5-2023
Issued on January 13, 2023

Under the TRAIN Law, beginning January 1, 2023, the filing and payment of VAT returns (BIR Form 2550Q) are to be done within 25 days from the close of each taxable quarter. VAT-registered taxpayers are no longer required to file the Monthly VAT Declaration (BIR Form 2550M) for transactions starting January 1, 2023.

To avoid confusion during the initial implementation of this new rule, particularly for taxpayers under the fiscal period, the Circular provides the following transitory provisions:

Quarter Ending Transactions Covering Month of Filing of 2550Q for Quarter Ending
Dec 2022 Jan 2023 Feb 2023 Dec 2022 Jan 2023 Feb 2023
Jan. 31, 2023 File 2550M not
later than Jan. 20, 2023
N/A Not required
to file 2550M
N/A Required to
file 2550Q not later than Feb. 27, 2023
Feb. 28, 2023 File 2550M not
later than Jan. 20, 2023
Not required
to file 2550M
N/A N/A N/A Required to
file 2550Q not later than March 27, 2023
March 31, 2023 N/A Not required
to file 2550M
Not required
to file 2550M
File 2550Q not
later than Jan. 25, 2023

Solo Parent Discount and VAT Exemption

Revenue Regulations No. 1-2023
Issued on January 18, 2023

RR 1-2023 provides guidelines for the grant of 10% discount and VAT exemption to solo parents, meeting the following conditions:

  1. Solo parent has a child/children aged 6 or under; AND
  2. Solo parent is earning less than Php250,000 annually.

The 10% discount and VAT exemption shall apply to the purchase from drug stores, pharmacies, grocery stores, and similar establishments by qualified solo parents of any of the following goods for the exclusive use and enjoyment/availment of the solo parent’s child or children aged 6 years or under:

  • Baby’s milk
  • Food supplements and micronutrient supplements
  • Sanitary diapers
  • Medicines
  • Vaccines; and
  • Other medical supplements

Tax treatment of the discount granted to solo parents: The establishments supplying the covered goods may claim the discounts granted to solo parents as a deduction from gross income for the same year that the discount is granted based on the cost of goods sold. The discount shall be treated as an ordinary and necessary expense deductible as itemized deductions, and thus, cannot be claimed if the seller opts for Optional Standard Deduction during the taxable quarter/year.

Exemption from VAT on sale to solo parents: The sellers of goods are precluded from billing any VAT on the sale of covered good to solo parents. The input tax attributable to the exempt sale shall not be allowed as an input tax credit and must be closed to the cost or expense account by the seller.

SEC Issuances

Amnesty for Non-Compliance with Reportorial Requirements

SEC Memorandum Circular No. 2, Series of 2023
Dated March 16, 2023

This circular provides for the grant of amnesty on the fines and penalties assessed, or to be assessed and collected by the SEC for the non-filing and late filing of the GIS, AFS, including its attachments, as well as non-compliance with MC 28, series of 2020, for the latest and prior years.

Amnesty Fines
Violation for Non-Compliant


for Suspended/Revoked


Non-filing of GIS P5,000.00

(encompassing all violations of

non-filing and late filing of

GIS, and AFS and its attachments)

50% of assessed fines

(encompassing all violations of

non-filing and late filing of

GIS, and AFS and its attachments)

Late filing of GIS
Non-filing of AFS
Late filing of AFS
MC No. 28, S. 2020 WAIVED (Php10,000) WAIVED (Php10,000)

*subject to the submission of the latest reportorial requirement due at the time of application and compliance with MC No. 28, series of 2020 through the MC28 Submission Portal

**subject to the payment of filing/petition fee and appropriate proceeding for lifting of the Order of Suspension/Revocation of Certificate of Registration

Those who wish to avail of the amnesty must file the Online Expression of Interest Form (EOI) on or before April 30, 2023 via the Electronic Filing and Submission Tool (eFAST), which shall automatically generate a Payment Assessment Form (PAF) reflecting the amnesty amount that may only be settled through the Electronic System for Payment to SEC (eSPAYSEC).

Covered entities

  1. Corporations, including branch offices, representative offices, regional headquarters, and regional operating headquarters of foreign corporations and foundations
  2. Associations, partnerships, and persons under the jurisdiction and supervision of the SEC that failed to comply with MC 28

Not covered

  1. Corporations whose securities are listed on the Philippine Stock Exchange (PSE)
  2. Corporations whose securities are registered but not listed on the PSE
  3. Corporations considered as public companies
  4. Corporations with intra-corporate dispute
  5. Corporations with disputed GIS
  6. Other corporations covered under Section 17.2 of the Securities Regulation Code

Extension of Deadline for the 2023 Filing of Annual Financial Statements

SEC Memorandum Circular No. 1, Series of 2023
Dated March 1, 2023
      1. All corporations shall file their AFS through eFAST according to the following schedule:
Revised Filing Schedule Last Digits of SEC Registration/License Number
May 29,30, 31
June 1, 2
1 and 2
3 and 4
5 and 6
7 and 8
9 and 0
      1. Late filing shall be accepted starting July 3, 2023 and shall be subject to penalties
      2. The revised filing schedule shall not apply to the following:
Company Filing Date
FY ending on
a date other than December 31, 2022
Within 120
days from the end of FY
Brokers and
Dealers with FY ending on December 31
SEC Form
52-AR shall be filed depending on the last numerical digit of the brokers and dealers’ registration
Brokers and
Dealers with FY ending on a date other than December 31
SEC Form
52-AR shall be filed 110 calendar days after the close of the FY
Those whose
securities are listed on the PSE
Within 105 calendar days after the end of FY
Those whose
securities are registered but not listed on the PSE
covered under Section 17.2 of the SRC

Those whose AFS are being audited by COA are also not covered by the above revised filing, subject to certain

Alternative mode for distributing and providing copies of the notice of meeting, information statement, and other documents in connection with the holding of annual stockholders’ meeting for 2023 of publicly listed companies, public companies and other companies with registered securities

Dated March 13, 2023

The following is the alternative mode of complying with the requirements in the conduct of the 2023 Annual Stockholders’ Meeting of the above mentioned companies:

  1. They shall be allowed to publish the notice of meeting in the business section of 2 newspapers of general circulation, in both print and online format, for two (2) consecutive days, provided that the last publication date of the notice of meeting shall be made no later than 21 days prior to the scheduled meeting.
  2. The notice shall inform the shareholders of the following:
  • Date, time and place of meeting and other information required by existing laws
  • Availability of electronic copy of the information statement, management report, SEC Form 17A and other pertinent documents on the company’s website (with webpage address), and on the PSE Edge for PLCs.

Receiving of CRMD documents, releasing of CRMD approved applications & stamping of Stock and Transfer Book/Membership Book

Dated January 25, 2023

Effective February 1, 2023, the following SEC-CRMD transactions will be conducted exclusively at the SEC Robinsons Galleria Satellite Office:

  • Receiving of   physical   copies   of   signed   and   notarized/authenticated approved CRMD applications and supplemental documents with proof of payment;
  • Releasing of Certificates of Incorporation/Amendment/Confirmation of Payment and other approved CRMD applications, through presentment of original copy of proof of payment and appointment letter;
  • Releasing of Orders, such as but not limited to the Petitions to Lift Order of Suspension/Revocation and/or Correction through presentment of original copy of proof of payment and appointment letter; and
  • Registration of Stock and Transfer/Membership Book

Receiving of documentary requirements will be over-the-counter at the SEC Robinsons Galleria Satellite Office or sent through the company’s courier of choice, addressed to the CRMD Receiving Section, 5th Floor, The SEC Headquarters, 7907 Makati Avenue, Salcedo Village, Bel-air, 1209 Makati City, 1209 Metro Manila.

Applicants may also avail the in-house courier services of “SEC LISTO” and company’s courier of choice for the delivery of Certificates and receiving copies of the application requirements. Further, starting February 1, 2023, all payments will be accepted through eSPAYSEC or at any ( Land Bank of the Philippines branch nationwide.

BOC Issuances

Fuel Marking Program

Customs Memorandum Order No. 04-2023
Dated March 7, 2023

To ensure that all imported petroleum products are accounted for and taxes are paid, the following ports of entry and their sub-ports are initially authorized as ports of discharge for gasoline, diesel and kerosene arriving in bulk:

  • Ports of Batangas, Limay, Subic, Davao, Cagayan de Oro, Cebu, Tacloban, Iloilo, Aparri, San Fernando (La Union), Zamboanga, and Legaspi

Rules and Regulations in the Implementation of the ATA System in the Philippines

Customs Administrative Order No. 01-2023
Dated January 16, 2023

This CAO amends pertinent provisions of CAO No. 02-2022 to align with the international best practices in the imposition of regularization fee by countries that are signatories to the ATA Carnet Convention/Convention on Temporary Admission, and in accordance with the guidance from the International Chamber of Commerce (ICC).

Regularization Fee shall be imposed if evidence of re-exportation is not provided by the re­exportation counterfoil duly completed, signed, stamped, and dated by the bureau under the following schedule:

First offense – Philippine Peso amount equivalent to 25USD; and

Second or subsequent offenses – Philippine Peso amount equivalent to 50USD

FIRB Issuances

Adoption of 100% WFH Arrangement in the IT BPM Sector

FIRB Administrative Order No. 001-2023
Dated January 16, 2023

This administrative order provides for the guidelines on the registration of registered business enterprises (RBEs) in the Information Technology — Business Process Management (IT-BPM) sector, providing services in line with the transitional Strategic Investment Priority Plan (SIPP), with the Board of Investments, (BOI) for purposes of adopting 100% WFH arrangements, without adversely affecting the enjoyment of their fiscal and non-fiscal incentives.

RBEs in the IT-BPM Sector shall only have until January 31, 2023 to exercise the option to register with the BOI, which shall be on per project or activity basis and not per enterprise.

The administrative order further provides the list of available incentives; the submission of reports and compliance monitoring requirements; allocation of the 5% tax on gross income earned (GIE) or special corporate income tax (SCIT); import VAT and/or customs duties exemption on the movement of capital equipment and other assets from the economic or freeport zones subject to securing of Tax Exemption Indorsement (TEI); bond-free transitory period from February 1, 2023 to March 31, 2023 for the movement of capital equipment and other assets to and from the economic or freeport zones; valuation methods of BOC for the sale, transfer, donation, or disposal of the related assets of covered RBEs; and the treatment of existing capital equipment and other assets with lost or missing documents, specific to the requirements needed for the DOF-RO’s TEI.

FIRB Administrative Order No. 003-2023
Dated March 16, 2023

This amends FIRB AO No. 01-2023 in so far as the issuance of a Tax Exemption Indorsement is concerned in order to support more efficient operations of the covered RBEs in the IT-BPM sector that have registered with the BOI. The amendments pertain to matters involving application for a certificate of authority to import and movement of capital equipment and other assets from the economic or freeport zones among others.

RBEs in the IT-BPM sector in the economic or freeport zone may no longer adopt WFH arrangement beginning January 1, 2023, unless registered with the BOI not later than January 31, 2023. Only those registered with the BOI on or before January 31, 2023 may adopt a 100% WFH schedule without adverse effect on their incentives.

Deferral of the Certificate of Non-Local Availability Requirement

FIRB Administrative Order No. 002-2023
Dated February 23, 2023

Starting February 1, 2023, the importations of RBEs in the IT-BPM sector which registered with the BOI, may now process their TEI without the Certificate of Non-Local Availability (CNLA) previously required under FIRB AO No. 001-2023.

Extension of the Bond-free Period

FIRB Advisory No. 005-2023
Dated March 15, 2023

The bond-free period per FIRB Resolution No.033-2022, which temporarily allowed the subject RBEs in the IT-BPM sector to move equipment and other assets outside the economic or freeport zone without posting any bond, shall be extended from March 31,2023 to June 30, 2023 to allow RBEs in the IT-IBM sector to process the required TEI covering existing goods imported as of January 31, 2023.

FAQs on the
Supplemental Guidelines on the Registration of RBEs in the IT-BPM Sector with the BOI

FIRB Advisory No. 004-2023
Dated February 15, 2023

The following are the noteworthy matters clarified through FAQs on FIRB Administrative Order No. 001-2023 dated January 16, 2023 or the Supplemental Guidelines on the registration of RBEs in the IT-BPM sector with the BOI:

WFH Arrangement

  • There is no limit as to the period of enjoyment of the WFH arrangement once a project is registered with the BOI. Registration with the BOI under FIRB Resolution Nos. 26-2022 and 33-2022 is a permanent solution that enables RBEs located in economic zones or freeport zones to conduct 100% WFH arrangements indefinitely.
  • IT-BPM RBEs that implemented WFH arrangements in 2023 but failed to register with the BOI by 31 January 2023 shall be subject to a penalty on the entirety of the RCIT the month/s of non-compliance, without prejudice to the suspension or withdrawal of tax incentives or cancellation of the corresponding Certificate of Registration, upon further assessment by the concerned IPAs or the FIRB.
  • The BOI-COR cannot be amended after January 31, 2023 to include expansions or new projects in order to allow these new projects or expansions to implement WFH arrangements. New or expansion projects or activities of IT-BPM RBEs should be separately registered with the BOI in order to avail of WFH arrangements.
  • Employees under a hybrid work arrangement shall be included in the WFH count. The WFH count will be the basis for determining the reasonableness of the volume of assets brought out of the economic zone or freeport zone. For example, if an IT-BPM RBE has 200 employees and has a 20 working-day month, in a full month, the full on-site ceiling would be 200 x 20, or 4,000. If 100 employees availed of 10 offsite workdays, then the WFH ratio for the month would then be [(100 x 10) / (200 x 20)] or 25%. For ease of tracing, kindly indicate the related number of working days used (e.g., 20 working-days).

Registration with BOI and other IPAs

  • The registration with the BOI will be an additional registration on top of the IT-BPM RBE’s existing registration. The registration with BOI will be the basis for fiscal incentives, while the registration with the concerned or original IPA will be the basis for non-fiscal incentives and the corresponding terms and conditions of registration. As such, IT-BPM RBEs must continue to abide by regulations and existing procedural rules set by both IPAs in order to maintain their fiscal and non-fiscal incentives.

Basis of penalty due to non-compliance by RBEs in the IT BPM Sector of the WFH threshold

FIRB Advisory No. 003-2023
Dated January 27, 2023

The penalty on non-compliance with the allowable 30% WFH threshold should be based on 100% or the entirety of the RCIT for the month/s of non-compliance, and not merely based on the excess of the 30% WFH threshold.

Submission of Manually Issued CETI

FIRB Advisory No. 001-2023
Dated January 10, 2023

This circularizes BIR RMC No.155-2022, further extending the acceptance of manually issued Certificate of Entitlement to Tax Incentives (CETI) (the proof of entitlement to income tax incentives) to be attached to the AITR for the taxable year 2022 until such time that a system-generated CETI can be issued through the Fiscal Incentives Registration and Monitoring Systems (FIRMS) being administered by the Fiscal Incentives Review Board (FIRB).

PEZA Issuances

Recognition of Ecozone Logistics Service Enterprises as Export Enterprise

PEZA Memorandum Circular No. 2023-010
Dated February 3, 2023

This circularizes BOI Memorandum Circular No. 2023-001 dated February 1, 2023, clarifying that Ecozone Logistics Service Enterprises (ELSES) shall be considered as Export Enterprise (EE) whose activities fall under “Activities in Support to Exporters” in the 2022 Strategic Investment Priorities Plan (SIPP) and are entitled to the VAT Zero Rating.

To be considered as exporters under the definition of Section 293 (E) of the CREATE Act, ELSES shall render at least 70% of their output/services to another registered EE (REE) and shall be engaged in integrated logistics as follows:

  1. Establishment of a warehouse storage facilities; and
  2. Importation or procurement from local sources and/or from PEZA-registered enterprises of goods for resale, or for packing/covering, cutting or altering to customers’ specification, mounting and/or packaging into kits or marketable lots thereof for subsequent sale, transfer, or disposition directly to PEZA REE, for direct export or for consignment to PEZA-REE.

Tax Tweets

was conceptualized to provide and disseminate information on the latest news, issues and trends in the Philippines taxation.

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[email protected]

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[email protected]

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