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RMO No. 56-2016

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II-EPIJI]LIC OF' TI ]E PHII-IPPINiIS
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August 31,2016
REVENUE MEMoRANDUM oRDER
No. 5(,- 7O/b
Further Amending the Policies, Guidelines and Procedures In the
SUBJECT
Application and Processing of Bureau of lnternal Revenue
lmporter's Clearance Certificate (lCC) and Broker's Clearance
Certificate (BCC).
:
TO
t.
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All lnternal Revenue Officers and Others Concerned.
OBJECTIVES, ---This Order is issued to amend the guidelines for securing BIR
lmporters Clearance Certificate (BlR-lCC) and BIR Customs Brokers Clearance
Certificate (BlR BCC) to protect the interests of the public by ensuring that they are
dealing with legitimate importers and brokers and at the same time to further
streamline the application process.
GENERAL PROVISIONS.--'1.
The lmporter's Clearance Certificate (lCC) and Broker's
Clearance
Certificate (BCC) shall be filed with the Accounts Receivable Monitoring Division
(ARMD) at the BiR National Office and shall be processed and released within
five (5) working days from the submission of the complete documents.
2. The following are the revised documentary requirements that shall be submitted
by the applicant for the issuance of BIR ICC or BIR BCC, as the case may be:
FoJ lrlpgrters:
A" lndividuals
a
1) Duly accomplished and notarized applications form;
a2)
Valid National Bureau of lnvestigation (NBl) Clearance;
a 3) Certified Trui: Copy of Latest Mayor's Br-rsiiress Permit:
a
4)
Proof of ovunershipllarrful occupancy of principal placei head office of
business i e. photocopy of latest utility bills (electric, urater or fixed
telephone iini:);
a
5)
Delinquency Verification issued by the concerned LTS or National/Regional
Officeswith a validity period of one (1)month from the date of issue.
The Delinquency Verification shall be issued by the concerned BIR Offices
within twenty-four Q$ hours from filing of the application by the taxpayer;
and
a
6)
Notarized Certificate of Authority authorizing the designated representative
to file the application for BIR-lCC which shall contain the specimen signature
of the said represeniative, with photocopies of valid government- issued
identification cards of both the representative and the individual taxpayerapplicant.
B. Non-lndividuals/Corporations
b.i)
Duly accomplished and notarized applications form;
b.2) Certified True Copy of Latest Mayor's Business Permit;
of ownership/lawful occupancy of principal place/head office of
business, i.e. photocopy of latest utility bills (electric, water or fixed
b 3) Proof
telephone line):
b
4)
DelinqLrency Verification issued by the concerned LTS or National/Regional
Offices with a validity period of one (1) month from the date of issue.
The Delinquency Verification shall be issued by the concerned BIR Offices
within twenty four (24) hours from filing of the application by the taxpayer;
b
5) Certificate of Good Standing issued by Securities and
b
6)
Exchange
Commission/Cooperative Development Authority/ National Electrification
Administration. and
Original copy of Secretary's Certificate certifying that a Board Resolution
was passed authorizing a responsible officerl to sign application form
together with his specimen signature, picture and photocopy of valid
government- issued ldentification Card.
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For Customs Broker:
A. Individuals
a
1)
aZ)
Duly accomplished and notarized applications form;
Valid NBI Clearance;
a,3) Certified True
a
Copy of Latest Mayor's Business Permit;
4) Proof of
ownership/lawful occupancy of principal placeihead office of
business and photocopy of latest utility bills (electric, water or fixed
telephone Iine);
a 5) Delinquency Verifrcation issued by the concerned LTS or National/Regional
Officeswith a validity period of one (1)month from the date of issue.
The Delinquency Verification shall be issued by the concerned BIR Offices
within twenty-four (2a) hours from filing of the application by the taxpayer.
a 6) Photocopy of the identification card as customs broke12 together with the
Certification of Good Standing issued by the Professional Regulations
Commissions; and
a.7) Notarized Cefiificate
of Authority authorizing the designated representative
to file the application for BIR-lCC which shall contain the specimen signature
of the said representative, with photocopies of valid government- issued
identification cards of both the representative and the individual taxpayerapplicant.
B. Non-lndividual/ Corporations
b 1) Duly accomplished and notarized applications forrn;
b 2) List of broker-employees/ broker-representatives with photocopy of the
identification card as customs broke13 together with the Certificate of Good
Standing issued by the Professional Commission;
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: Onginal docurr-.nt must bc presented for validation
3
original document must be pr-esentcd for validation
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b 3) Certified True Copy of Latest Mayor's Bustness Permit;
occupancy of principal place/head office of
photocopy of latest utility t-'.iils (electric, water or fixed
4) Proof of ownership/lawful
b
business,
i.e.
telephone line);
5) Delinquency
Verification issued by the concerned LTS or National/Regional
Offices with a validity period of one (1) month from the date of issue.
b
The Delinquency Verification shall be issued by the concerned BIR Offices
within twenty four (24) hours from filing of the application by the taxpayer;
6) Certificate of Good Standing issued by SEC; and
b
b 7) Original copy of Secretary's Certificate certifying that a Board Resolution
was passed authorizing a responsible officera to sign application form
together with his specimen signature, picture and photocopy of valid
government-issued ldentification Card.
The documents to be attached to the application form must be placed in a folder,
accurately labelled and sequentially filed in the same order as they appear in the Checklist
in order to facilitate the verification of the documentary requirements being submitted.
The applicant has an option to submit the application form and its attachments
personally or via courier addressed to ARMD Tax Clearance Section truith prepaid
envelope for ihe reply.
Any misrepresentation on the submitted documents in support of the applicaiion
for BIR ICC/ BIR BCC shall cause its outright denial or the immediate revocation of the
any issued BIR-lCC/Bl R-BCC.
3. The following are allowed to accomplish the application for BIR ICC or BIR BCC:
D PERSOI{/S
lndividual applicant himself/herself
lndividual
Anv of the
Partnership
Corpo ratio n/Coope rative Any of the key officersiBoard members (e.9.,
President, Chief Executive Officer, Chief
Cperating Officer, Executive Vice President,
I i-reasurer, Vice President, General ivlanager,
tils fffqEllqq in the lq!e{teneral lrrformatrori
APPLICANT
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" See ltem
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Gener;l Provisions number
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Sheet filed wiih ahe SEa-nthorrzed b), the
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I Board, as evidenced by a Board of Resolution
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piaiicri ot a--Foiai
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--Countrv -_ D,actor
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9pUlfy_nepresentative __
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The BIR shall only issue BIR-ICC/BlR-BCC to the applrcants who satisfy the
following criteria:
a.
Compliant in the payment of the annual registration fee, in bookkeeping and
invoicing requirements and in the submission of annual information returns
(e g , SLSP submission for the last eight quarters, alphabelical list of
employees/payees sub.lected to withholding tax for the last two (2)
immediately preceding calendar years);
No valid open "stop-filer" cases,
c.
A regular user of the BIR's Electronic Filing and Payment System (eFPS);
For newly registered taxpayers, it is sufficient that they have an activated
enrollment to the BIR's eFPS facility.
No delinquent account.
For purposes of this Order, delinquent account shall refer to the outstanding
tax liabilities arising either from self-assessed taxes or as a result of an audit
or third party information through the issuance of an assessment notice which
was not validly protested within the prescribed period
For applicants with delinquent accounts but the tax Iiabilities involved were
the subject of a pending application for compromise settlement or abatement
of penalties pursuant to Section 2a4 of the Tax Code, as amended, a BIR
ICC/BCC shall nevertheless be issued: Provided, however, that the applicant
has fully paid the amount offered for payment upon the application for
compromise settiement or abatement of penalties.
ln cases where during the three (3) year validity period of the BIR ICC/BCC,
the appiication for compromise settlement/abaternent was denied by the
NationaliRegional Evaluation Board/Commissioner, as the case may be, the
taxpayer-applicant shall be notified of such denial. The taxpayer will be given
a period of thirty (30) days within which to fully settle the unpaid tax liabilities:
otherwise, the BIR ICC/BCCI issued to him shail be immeciiately revoked:and
e.
Applicant should not have been tagged as a "Cannot be Locaieo" iaxpayt:r.
5.
The re-appllcation of importers/brokers whose BIR-lCCiBlR-BCC has been
revoked may be allowed, provrded that the circumstances vrhich led to the
revocation are no longer existing.
ilt.
REPEALING CLAUSE
All issuances which are inconsistent herewith are hereby modified, amended,
or repealed accordingly.
lv.
EFFECTIVITY
This Order takes effect immediately.
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CAESAR R. DULAY
Commissioner of lnternal Revenue
001078
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