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Republic of the Philippines

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DEPARTMENT-9F FINANCE Roxas Boulevard Comer Pablo Ocampo, Sr. Street Manila 1004

DEPARTMENT ORDER No. 40 - 06 November 29, 2006

SUBJECT : SUPPLEMENTING THE PROVISIONS OF DEPARTMENT ORDER NO. 24-06, DATED JULY 21, 2006, BY DEFINING THE SPECIFIC DUTIES AND RESPONSIBILITIES OF THE MEMBER AGENCIES OF THE SPECIAL TASK FORCE CREATED THEREIN

This order is being issued to supplement the provisions of DEPARTMENT ORDER No. 24-06, dated July 21, 2006, creating a Special Task Force (the, "Task Force") for the involvement of local government units (LGUs) in the implementation and. collection of taxes-- by among others, defining the specific duties and responsibilities of the member agencies of said Task Force, and to facilitate, as well, the sharing of relevant information among the members thereof. Section 1. Information Sharing -- Subject to existing rules and regulations, the Bureau of Internal Revenue (BIR), Bureau of Local Government Finance (BLGF), and the Bureau of Customs (BOC) shall, as members of said Task Force, have access to, and mutually share, such information as may be necessary to carry out the objectives of this Order.

Section 2. Duties and Responsibilities of Member Agencies 1. The BIR shall: a.

Coordinate with LGUs and other government offices for the purpose of gathering, compiling, and building-up a database of relevant records/information to be used to evaluate cases of possible violation of tax laws, rules, and regulations;

b.

Provide for an effective in-house system to obtain relevant data from its Revenue Regions (RRs), Revenue District Officers (RDOs) and other concerned offices, to facilitate the verification and evaluation of reports and/or information received and/or provided to, the BIR;

c.

Validate all information and data which may be received by the BIR; Conduct a preliminary evaluation of data gathered. and determine the possible violations, if any, of pertinent tax laws, rules, and regulations;

n e.

Prepare and submit appropriate reports for the consideration and action of the Commissioner of Internal Revenue;

f

Conduct an audit and/or investigation of taxpayers and, if warranted, the Commissioner of Internal Revenue shall sign and issue the corresponding letter of authority, for appropriate action by the concerned office/s in accordance with extant laws, rules, and regulations.

g.

Monitor and coordinate the conduct of pending investigations through specially designated teams, which shall require the submission of monthly status reports;

h.

Require the submission of monthly reports to the Commissioner of Internal Revenue on the status of all pending investigations and other related activities; and

1.

Require the submission of a final terminal report to the Commissioner of Internal Revenue upon the completion of each investigation, which shall contain a summary of the results thereof, copy furnished the AITIED.

2. The BOC shall: a.

Supervise and manage the registration and accreditation of qualified importers;

b.

Issue motu propio, or upon such information as may be furnished by, among others, the Task Force, alert/hold orders against questionable shipments in accordance with existing laws, rules and regulations;

c.

Conduct regular examinations/spot-checking of shipments under surveillance by the Task Force, except when a 100% examination is otherwise directed by the BOC;

d.

Initiate seizure and forfeiture proceedings in accordance with existing laws, rules, and regulations, against shipments which are not supported by the required permits and clearances from the appropriate government agencies/offices

e.

Furnish the Task Force with copies of the relevant Warrant of Seizure and Detention (WSD) which may be issued by the BOC, and provide, as well, a report on the current status of seized shipments; and

f.

Furnish the Task Force with copies of clearances which may be issued in connection with cleared and released shipments.

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3. The BLGF shall: a.

Develop, conceptualize, and prepare relevant modules and materials to be used for trainings and seminars on tax education, implementation, and collection;

b.

Coordinate with, and inform LGU treasurers and regional offices on the schedule of tax seminars/trainings in their respective jurisdictions;

c.

Solicit the support and participation of LGU officials for tax seminars and trainings; Determine possible sources of funding for the conduct of tax seminars and trainings; and

e.

Identify and recommend appropriate venues/areas for tax seminars and trainings.

4. The Association for Socio Economic Advancement of Pinoys (ASAP), as the duly designated representative of Non-Governmental Organizations (NGOs), shall: a.

Establish proper linkages with LGUs and concerned local officials, for the holding of seminars/trainings on tax enhancement;

b.

Enlist the support of NGOs, people's organizations, cooperatives, and other entities, in connection with the government's revenue enhancement program;

c.

Assist in identifying persons, whether natural or juridical, who have failed to pay taxes, or who are otherwise engaged in tax evasion activities;

d.

Gather and compile information on transactions and activities which may be subject to the payment of taxes and/or duties;

e.

Undertake liaison work with BOC and BIR; and

f.

Monitor Projects undertaken by the Task Force.

Section 3. Confidentiality -- All information, papers, or documents received or obtained, directly or indirectly by the Task Force, its representatives, employees or agents, by virtue of Department Order No. 24-06, or otherwise in the performance of said Task Force's designated task shall be treated as absolutely and strictly confidential, and shall not be reproduced, circulated, published or

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given to any third party without the written consent of the Task Force. Provided that, that the rule on confidentiality shall not extend to any information, which is available or hereinafter becomes generally available to the public, or corresponds to information furnished by the Task Force to any third party on a nonconfidential basis. Section 4. Effectivity -- This order shall take effect immediately.

Done in the City of Manila, this 29tltlay of November in the year of our Lord two thousand and six.

MARGA

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DEPARTMENT ORDER NO. 40.pdf

Monitor and coordinate the conduct of pending investigations through. specially designated ... surveillance by the Task Force, except when a 100% examination is. otherwise directed by ... or agents, by virtue of Department Order No. 24-06, or ...

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