RMC No. 49-2003: Prescribes amendments to RMC No. 42-2003 relative to the processing of claims for VAT credit/refund.

Summary

RMC No. 49-2003 amends the answer to Question No. 17 of RMC No. 42-2003 and adds guidelines on processing VAT credit/refund claims, including those of direct exporters filed with the OSS-DOF.

Key points

1. Claim pending at both agency and tax court. If a Petition for Review is filed with the Court of Tax Appeals while a refund/TCC claim is pending at the BIR or OSS-DOF, both may act separately. The BIR litigation lawyer requests the docket with certified true copies of the claim documents to present as evidence, and the agency keeps processing until a final decision is reached by the CTA or the agency.
2. Which decision comes first. If the CTA decides first, the agency stops processing. If the agency finishes first and the taxpayer agrees with its findings, the taxpayer files a motion to withdraw the claim with the CTA. A copy of the resolution approving the motion must be given to the agency before the TCC or refund is released.
3. Taxpayer disagrees. If the taxpayer does not agree with the agency’s findings or does not respond, the agency does not release the refund/TCC without proof of withdrawal of the court case. If the taxpayer continues the court case, the BIR litigation lawyer presents the agency’s investigation result as evidence against the claim.
4. Incomplete documents. Pending claims not acted on due to incomplete documents give claimants 30 days to submit the requirements. The head of the processing unit may extend this, but not by more than thirty (30) days. New claims are officially received only upon submission of complete documents.
5. Processing period. Current and future claims are processed within 120 days from receipt of complete documents. If more documents are needed, the claimant submits them within 30 days from the office’s request.

Who is affected

• Taxpayers claiming VAT credit/refund, including direct exporters filing with the OSS-DOF

Deadlines and effectivity

• Documents for pending incomplete claims: 30 days, with extension of not more than thirty (30) days
• Processing of claims: within 120 days from receipt of complete documents
• Additional documents: within 30 days from request

Summary by Tax Resources PH. It is not a substitute for the full text of the issuance or professional advice.