Amending Section 16 Of The National Internal Revenue Code By The Authorizing The Commissioner Of Internal Revenue Under Certain Conditions To Place Natural Or Juridical Persons Under Survei
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Amending Section 16 Of The National Internal Revenue Code By The Authorizing The Commissioner Of Internal Revenue Under Certain Conditions To Place Natural Or Juridical Persons Under Survei
Presidential Decree No. 1356
April 21, 1978
Case Overview and Summary
Summary of Presidential Decree No. 1356Amending Section 16 of the National Internal Revenue Code
- Authorizes the Commissioner of Internal Revenue to place natural or juridical persons under surveillance for two months to establish a prima facie basis for assessing taxes for other months of the same or different taxable years. (Section 1)
- If there are reasons to believe that a person is not declaring correct income and receipts for tax purposes, the Commissioner can place their business operations under observation or surveillance for two months. (Section 1)
- The findings from the two-month surveillance period can be used as a basis for assessing taxes for other months of the same or different taxable years, and such assessment shall be considered prima facie correct. (Section 1)
- If the Commissioner becomes aware that a taxpayer is retiring from business, intends to leave the Philippines, remove or conceal their property, or perform any act obstructing tax collection proceedings, the Commissioner can declare the taxpayer's tax period terminated at any time. (Section 1)
- The Commissioner can then send the taxpayer a notice requesting immediate payment of taxes for the terminated period and the preceding year or quarter, subject to penalties if not paid within the specified time. (Section 1)
- The Secretary of Finance, upon recommendation of the Commissioner of Internal Revenue, shall promulgate rules and regulations to implement the provisions of this Decree. (Section 2)
- The Decree took effect upon its approval on April 21, 1978. (Section 3)
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Executive Issuances
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Amending Section 16 Of The National Internal Revenue Code By The Authorizing The Commissioner Of Internal Revenue Under Certain Conditions To Place Natural Or Juridical Persons Under Survei
Presidential Decree No. 1356
•April 21, 1978
MALACAÑANGM a n i l a
PRESIDENTIAL DECREE No. 1356
AMENDING SECTION 16 OF THE NATIONAL INTERNAL REVENUE CODE BY THE AUTHORIZING THE COMMISSIONER OF INTERNAL REVENUE UNDER CERTAIN CONDITIONS TO PLACE NATURAL OR JURIDICAL PERSONS UNDER SURVEILLANCE FOR TWO MONTHS FOR THE PURPOSE OF ESTABLISHING A PRIMA FACIE BASIS FOR ASSESSING TAXES FOR THE OTHER MONTHS OF THE SAME OR DIFFERENT TAXABLE YEARS.
WHEREAS, the Bureau of Internal Revenue has conducted surveillance of certain business enterprises for a period of one to two months to determine their true and correct income and/or receipts;
WHEREAS, the findings indicate rampant and flagrant nondeclarations and under declarations resulting in substantial loss of revenue.
NOW, THEREFORE, I FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers in me vested by the Constitution, do hereby decree:
Section 1. Section 16 of the National Internal Revenue Cod, as amended, is hereby further amended to read as follows:
"Sec. 16. Power of Commissioner of Internal Revenue to make assessments. When a report required by law as a basis...
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