RMC No. 50-2016: Reminds all BIR officials and employees relative to the unauthorized divulgence of information and its corresponding penalties

Summary

RMC No. 50-2016 reminds BIR officials and employees about unauthorized divulgence of information and its penalties.

Key points

1. Section 270 penalty. Under Section 270 of the Tax Code, an officer or employee who divulges taxpayer business, income or estate information, or confidential business information learned in official duties, outside what the law allows, faces on conviction a fine of not less than P 50,000 but not more than P 100,000, or imprisonment of not less than two (2) years but not more than five (5) years, or both. The exceptions are in Sections 6(F) and 71 of the Tax Code and Section 26 of Republic Act No. 6388.
2. Bank information for foreign tax authorities. Divulging information obtained from banks and financial institutions under Section 6(F) to anyone other than the requesting foreign tax authority carries the same fine and imprisonment range.
3. Code of Conduct. Section 19 (A) of the Revised Code of Conduct for BIR Officials and Employees bars disclosing official information or documents except as allowed by law or proper authority, and bars unauthorized discussion of revenue service operations. Violation is Unauthorized Disclosure/Divulgence of Confidential Information, a Grave Offense.
4. Liability. Violators are held criminally and administratively liable under the law and existing revenue issuances.

Who is affected

• All BIR officials and employees

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