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Clarifications Regarding the Deadline for Filing of Annual Income Tax Returns (AITR) and Non-Imposition of Increments on Amended Returns

Posted by on April 13th, 2022

Tentative AITR may be filed on or before April 18, 2022 which can be amended on or before May 16, 2022, without the imposition of interest, surcharge, and penalties while overpayment can be carried over as tax credit in the succeeding periods

Revenue Memorandum Circular (RMC) No. 42-2022 was issued by the Bureau of Internal Revenue (BIR) to clarify the filing and payment procedures for taxpayers who are required to use eBIRForms/EFPS under existing issuances.

As stated in the RMC, a tentative Annual Income Tax Return (AITR) may be filed on or before April 18, 2022. These filed returns may be amended on or before May 16, 2022, without the imposition of interest, surcharge, and penalties while overpayment can be carried over as tax credit in the succeeding periods.

Further clarifications are also addressed in the RMC as follows:

I. Filing for Calendar year 2021 AITR

For taxpayers who are required to use or voluntarily opt to use the eBIRForms, tax returns are filed thru eBIRForms Systems while in Electronic Filing and Payment Systems (eFPS), returns are filed electronically. However, in case newly created tax returns are not yet available in the eFPS Facility but are already available in the eBIRForms Systems, taxpayers shall file the said return using the eBIRForms System.

II. Payment for Calendar year 2021 AITR

  1. Manually thru Authorized Agent Banks (AABs) and Revenue Collection Officers (RCOs) notwithstanding the Revenue District Office (RDO) jurisdiction;
  2. Electronic payment (ePAY) facilities; or
  3. For taxpayers mandated to use eFPS:
  4. the filing of BIR Form No. 1702RT with or without payment shall be made through eFPS; while
  5. the filing of BIR Forms No. 1702EX and 1702MX shall be made through eBIRForms System and tax due if any, shall be paid through BIR Form 0605 through eFPS.

Furthermore, the “No payment” CY2021 AITR must be filed electronically through the eBIRForms Facility for non-eFPS taxpayers.

The RMC also reiterated the validity of electronic signatures pursuant to Republic Act No. 8792 or the Electronic Commerce Act of 2000. Lastly, it reiterated the availability of the Electronic Audited Financial Statements (eAFS) System of the BIR.

A copy of the RMC is also attached for everyone’s guidance and perusal.

DISCLAIMER: The advisory is not a substitute for an expert opinion and is purely a general research that may have not considered the entirety of other related topics. Any tax and/or compliance advice is not intended or written by the author to be used, and cannot be used, by a client or any other person or entity for the purpose of (i) avoiding penalties that may be imposed on by the regulatory bodies, or (ii) promoting, marketing, or recommending to another party any matters addressed herein.

The opinion or advice expressed in this advisory is based on the facts and circumstances gathered. Any inaccuracy in any of the assumptions set forth above may have the effect of changing all or part of this report, and this report may not apply. The advice is based on our interpretation of the provisions of the Code, the Revenue Regulations promulgated and issued by the tax bureau, BIR positions as set forth in published Revenue Rulings, other pronouncement, orders and circulars, and judicial decisions in effect on the date of this report, any of which could be changed at any time. Any such changes may be retroactive and could significantly modify the statements and opinions/ advice expressed herein In effect, this might render the advisory obsolete or incorrect in partial or in full. We undertake no obligation to advise you of changes that may hereafter be brought to our attention.