RMC No. 141-2019: Reiterates the salient points arising from RMO No. 14-16 on the proper execution of Waivers of the Defense of Prescription and providing an illustration of the basic requirements thereof

Key points

1. Nature of the Waiver. It is a unilateral and voluntary undertaking, binding on the taxpayer upon execution. It need not state the type of taxes or the amount. There is no strict format, and notarization is not required for validity.
2. Representative and acceptance. Delegating authority to a representative no longer needs to be in writing and notarized, and the taxpayer cannot invalidate the Waiver by contesting his own representative’s authority. The Revenue District Officer or Group Supervisor designated in the Letter of Authority or Memorandum of Assignment can accept it, and the date of acceptance need not be indicated.
3. Taxpayer’s duties. The taxpayer submits the Waiver to the officials listed in the RMO before the period to assess or collect expires, and keeps a copy.
4. Validity conditions. The taxpayer ensures the Waiver is executed before the period expires, shows the expiry date of the extended period, and is signed by his authorized representative. For a waiver of the period to collect, it also shows the type of tax.

Who is affected

• Taxpayers executing Waivers of the Defense of Prescription
• Revenue District Officers and Group Supervisors designated in the Letter of Authority or Memorandum of Assignment

Deadlines and effectivity

• Waiver submitted before expiration of the period to assess or collect