A Tax Credit Certificate (TCC) may be used by the grantee or his assignee in the payment of his direct internal revenue tax liability except the following:
- payment or remittance for any kind of withholding tax;
- payment arising from the availment of tax amnesty declared under a legislative enactment;
- payment of deposits on withdrawal of exciseable articles;
- payment of taxes not administered or collected by the Bureau of Internal Revenue; and
- payment of compromise penalty.
- the transfer of a valid TCC must be with prior approval of the Commissioner or his duly authorized representative;
- the transfer should be limited to one transfer only; and
- the transferee shall use the TCC assigned to him strictly in payment of his direct internal revenue tax liability and in no case shall the same be available for conversion to cash in his hands.
For the government, the use of TCCs would reduce cash collections because transferring the TCCs to taxpayers with much tax liabilities would maximize the use of the same thereby negatively affecting collections. Without transferring, grantees without much direct liabilities would tend to consume the TCC's in a long period of time. To my mind, this scenario prompted the BIR to issue the new regulations, disallowing its transfer.
Thus, in Section 2 Revenue Regulations No. 14-2011 dated July 29, 2011 amended Section 4 of the RR No. 5-00 and hereunder provides that:
Accordingly, grantees of the TCC would themselves use the TCCs. Without much direct liabilities, it would take them quite a long time to consume unless they could eye on some alternative tax minimization schemes in accordance with law.
"All Tax Credit Certificates (TCCs) issued by the BIR shall not be allowed to be transferred or assigned to any person"
Sources:
- Revenue Regulations No. 14-2011
- Revenue Regulations No. 5-2000
"Taxes affect lives, care for taxes and save lives"
2 comments:
As a Tax Lawyer in Alabama I appreciate the post,its really informative.Thanks for sharing...
Thanks for dropping by Atty. Habib.
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