SENATE OFFICE, Manila, May 20, 2011-To address the gaps in the rules and regulations of the Bureau of Internal Revenue (BIR), Senator Antonio “Sonny” F. Trillanes IV has filed a resolution seeking for the investigation by the Senate Committee on Finance to look into complaints against the BIR for the alleged failure to act expeditiously on pending tax refund claims.
“Tax refund procedures are very tedious and cumbersome,” Trillanes lamented, saying that the process of claiming tax refund could take several months just for a revenue officer to be assigned to process the claim.
“The taxpayer will be subjected to a tax audit, a process which often leads to the filing of tax deficiency against the claimant after several reviews and documentation,” he said, explaining that instead of refunding the claims, the taxpayer is required to pay the tax deficiency before receiving the tax refund or tax credit.
“Numerous complaints from men in uniform as well as civilians where expressing dismay over BIR’s lengthy process of filing a claim. Worse, the bureau issues Tax Credit Certificates (TCCs) instead of paying cash to claimants entitled for refunds,” Trillanes cited.
He pointed out that this affects the morale of the Filipino soldiers and the citizenry where they feel that they are being cheated and short-changed by the government when it comes to money the government actually owes them.
Trillanes reminded the BIR about the Supreme Court opinion that if the State expects its taxpayers to observe fairness and honesty in paying their taxes, it must hold itself against the same standard in refunding excess or erroneous payments of such taxes, adding that they should not enrich itself at the expense of the taxpayers.
Trillanes advised that there is a need to balance states interest of maintaining its lifeblood through taxes against the contravening interest of the taxpayers claiming refund and should consider the values of fairness and justice. (Jason de Asis)
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