Title I — ORGANIZATION AND FUNCTION OF THE BUREAU OF INTERNAL REVENUE
may be used by the Bureau of Internal Revenue for tax assessment,
verification, audit and enforcement purposes.
In case of a request from a foreign tax authority for tax information
held by banks and financial institutions, the exchange of information
shall be done in a secure manner to ensure confidentiality thereof
under such rules and regulations as may be promulgated by the
Secretary of Finance, upon recommendation of the Commissioner.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
The Commissioner shall provide the tax information obtained
from banks and financial institutions pursuant to a convention
or agreement upon request of the foreign tax authority when
such requesting foreign tax authority has provided the following
information to demonstrate the foreseeable relevance of the
information to the request:
The identity of the person under examination or investigation;
A statement of the information being sought including its nature and
the form in which the said foreign tax authority prefers to receive the
information from the Commissioner;
The tax purpose for which the information is being sought;
Grounds for believing that the information requested is held in the
Philippines or is in the possession or control of a person within the
jurisdiction of the Philippines;
To the extent known, the name and address of any person believed to
be in possession of the requested information;
A statement that the request is in conformity with the law and
administrative practices of the said foreign tax authority, such that
if the requested information was within the jurisdiction of the said
foreign tax authority then it would be able to obtain the information
under its laws or in the normal course of administrative practice and
that it is in conformity with a convention or international agreement;
and
A statement that the requesting foreign tax authority has exhausted
all means available in its own territory to obtain the information,
except those that would give rise to disproportionate difficulties.
The Commissioner shall forward the information as promptly as possible
to the requesting foreign tax authority. To ensure a prompt response,
the Commissioner shall confirm receipt of a request in writing to the
requesting tax authority and shall notify the latter of deficiencies in the
request, if any, within sixty (60) days from receipt of the request.
If the Commissioner is unable to obtain and provide the information
within ninety (90) days from receipt of the request, due to obstacles
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Isla Lipana & Co., the Philippine member firm of the PwC network
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