The Manila Times

Unauthoriz­ed letters of authority

- CHRISTELLE MARY DOMINGO

THE - tion into a tax case is the issuance of a valid Letter of Authority (LOA) duly signed by the Revenue Regional Director to the taxpayer under Revenue Memorandum Order (RMO) No. 4390. The LOA should be furnished to the taxpayer 30 days from the date of its issuance. Otherwise, the examinatio­n and resulting assessment may be considered ineffectiv­e [ Saga Casting and Production­s vs Commission­er of Internal Revenue (CIR), CTA Case No. 8484, dated May 28, 2015].

The LOA empowers a Revenue

Supervisor ( GS), to perform assessment functions and to examine a taxpayer’s books of accounts and accounting records in order to collect the correct amount of tax.

In one instance, an investigat­ion was rendered invalid when a Letter of Notice (LN) was issued, instead of an LOA. In this case, the taxpayer was informed through an LN that a computeriz­ed matching conducted by the BIR via its RELIEF system revealed discrepanc­ies in the informatio­n/ data provided by third- party sources against the taxpayer’s value-added tax (VAT) declaratio­ns. Consequent­ly, Assessment Notices were issued by the BIR against the taxpayer in reference to the LN.

The taxpayer argued that the BIR violated its right to due process, insisting that no LOA was issued against the taxpayer and that no physical examinatio­n of books was performed as a basis for the Assessment Notice.

In the instant case, it was clari-

Considerin­g that the original examiners were not transferre­d to another RR nor resigned/retired,

tax assessment, which resulted from an audit examinatio­n conducted without authority. The CTA further emphasized that a referral memorandum for the purposes of audit examinatio­n is prohibited according to RMO 1207 dated July 3, 2007, in contrast to RMO 08-06. The CTA cited the case of CIR vs Sony Philippine­s, Inc., wherein the Supreme Court referred to Section 13 of the Tax Code, which states that an LOA

the appropriat­e RO assigned to perform assessment functions. Thus, in the absence of such an authority, the assessment or examinatio­n is a nullity.

It should be emphasized that, even if the required LOA was issued, the examining RO should also be covered by the LOA. In a CTA case entitled CIR vs Metro Star Superama, Inc., the SC ruled that at all times, the taxpayer shall be informed in writing of the law and the facts on which the assessment was made.

Lastly, the case of CIR vs University of Santo Tomas Hospital, Inc., CTA EB No. 1328 re: CTA Case No. 8298, dated November 28, 2016, cited that while the Director was empowered to issue an LOA for the investigat­ion of the taxpayers within the RR and correspond­ing revenue district

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