REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF FINANCE
BUREAU OF INTERNAL REVENUE
Quezon City

December 1, 2005

REVENUE REGULATIONS NO. 2-2006

SUBJECT: Mandatory Attachments of the Summary Alphalist of Withholding

Agents of Income Payments Subjected to Tax Withheld at Source
(SAWT) to Tax Returns With Claimed Tax Credits due to
Creditable Tax Withheld At Source and of the Monthly Alphalist of
Payees (MAP) Whose Income Received Have Been Subjected to
Withholding Tax to the Withholding Tax Remittance Return Filed
by the Withholding Agent/Payor of Income Payments

TO: All Internal Revenue Officers and Others Concerned

BACKGROUND.

Under the creditable withholding tax system, taxes must be withheld on certain
income payments the amount of which should at least approximate the tax due of
the payee on the said income. The Withholding Agent/Payor is required to
withhold and remit taxes withheld the details of which are declared in the
appropriate tax return within the time prescribed by law. On the other hand, the
payee/income recipient, upon declaration of income received or earned shall
claim the corresponding creditable tax withheld in the filed return within the time
prescribed by law for taxpayers to file return and claim tax credits. However,
reports have been received by the Bureau of Internal Revenue that observance
of these responsibilities is not yet in its desired stage, hence these Regulations
are issued to help promote a better business environment by limiting BIR audits
of returns with corresponding tax withheld at source to those without
substantiation , and to secure government revenues by insuring observance of
the withholding tax system.

Section 1. LEGAL BASES OF THE REQUIREMENTS. -Pursuant to Section

244 of the National Internal Revenue Code of 1997, in relation to Sections 6, 51
to 58, 65, 70, 74 to 83, 114, 128 and 245 of the same Code and to Revenue
Regulations No. 2-98, as amended, these Regulations are hereby promulgated:

a. to prescribe certain attachments to returns filed (SAWT/MAP);

b. to provide the penalties and effect of non-compliance hereof; and
c. to clarify other issues.

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Section 2. MANDATORY SUBMISSION OF SUMMARY ALPHALIST OF
WITHHOLDING AGENTS OF INCOME PAYMENTS SUBJECTED TO
CREDITABLE WITHHOLDING TAXES (SAWT) BY THE PAYEE/INCOME
RECIPIENT AND OF MONTHLY ALPHALIST OF PAYEES (MAP)
SUBJECTED TO WITHHOLDING TAX BY THE WITHHOLDING
AGENT/INCOME PAYOR AS ATTACHMENT TO THEIR FILED RETURNS.

A. Summary Alphalist of Withholding Agents of Income Payments

Subjected to Withholding Tax (SAWT) and Monthly Alphalist of Payees
(MAP) defined

Summary Alphalist of Withholding Agents/Payors of Income

Payments subjected to Creditable Withholding Tax at Source (SAWT)
Annex A is a consolidated alphalist of withholding agents from whom income
was earned or received and subjected to withholding tax to be submitted by the
payee-recipient of income as attachment to its duly filed return for a given
period which Summary List contains a summary of information showing, among
others, total amounts of income/gross sales/gross receipts and claimed tax
credits taken from all Certificates of Creditable Withholding Tax at Source (BIR
Form No. 2307) issued by the payors of income payment.

Monthly Alphalist of Payees (MAP) Annex B is a consolidated

alphalist of income earners from whom taxes have been withheld by the
payor of income for a given return period and in whose behalf, the taxes were
remitted. It contains a summary of information on taxes withheld and remitted
through the monthly remittance returns (BIR Form Nos. 1601-E, 1601-F, 1600,)
showing , among others, total amounts of income/gross sales/gross receipts and
taxes withheld and remitted.

B. Persons required to submit Summary Alphalist of Withholding Agents

of Income Payments subjected to Withholding Taxes (SAWT)

1. All persons claiming refund or applying their creditable tax withheld at

source against the tax due with not more than ten (10) withholding agents-payor
of income payment per return period are strictly required to submit SAWT in hard
copy as attachment to the required tax return;

2. All persons claiming for refund or applying their creditable tax withheld at
source against the tax due with more than ten (10) withholding agents-payor of
income payment per return period are strictly required to submit SAWT
electronically in a 3.5 inch floppy diskette following the format to be prescribed by
the BIR;

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3. All taxpayers required to file thru the EFPS, regardless of the number of
withholding agents/payor of income, are strictly required to attach the electronic
copy of the SAWT to the electronic return.

C. Persons required to submit Monthly Alphalist of Payees (MAP)

1. All withholding agents enumerated under Sections 2.57.3, 4.114, 5.116 of

Revenue Regulations No. 2-98, as amended, who are required to withhold and
remit taxes withheld and have not more than ten income payees-income
recipient per return period are strictly required to submit MAP in hard copy as
attachment to the required return;

2. All withholding agents enumerated under Sections 2.57.3, 4.114, 5.116 of

Revenue Regulations No. 2-98, as amended, who are required to withhold and
remit taxes withheld and have more than ten (10) income payees- income
recipient per return period are strictly required to submit MAP in electronic copy
in a 3.5 inch floppy diskette following the format to be prescribed by the BIR;

3. All taxpayers remitting taxes withheld thru the EFPS, regardless of the
number of income payees/income recipient, are strictly required to attach an
electronic copy of the MAP to the electronic return.

D. Returns required to be filed with SAWT and Certificate of Creditable

Tax Withheld at Source

1. BIR Form No. 1701Q Individual Quarterly Income Tax Return

2. BIR Form No. 1701 Individual Annual Income Tax Return
3. BIR Form No. 1700 Individual Annual Income Tax Return for
Compensation income Earners
(for those required to file an ITR)
4. BIR Form No. 1702Q Corporate Quarterly Income Tax Return
5. BIR Form No. 1702 Corporate Annual Income Tax Return
6. BIR Form No. 2550Q Quarterly VAT Return
7. BIR Form No. 2550M Monthly VAT Declaration
8. BIR Form No. 2551M Monthly Percentage Tax Return
9. BIR Form No. 2553 Percentage Tax Return under Special Laws

The return with the attached SAWT & Certificate of Creditable Withholding
Tax at Source shall be filed in three (3) copies to be distributed as follows:

Original return with attached SAWT & original BIR Form No. 2307 - BIR copy
Duplicate return with attached SAWT & copy of BIR Form No. 2307 - BIR copy
Triplicate return with attached SAWT & copy of BIR Form No. 2307
- taxpayers copy

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 The validation of e-filed returns shall ensure that the total amounts
claimed as creditable tax withheld in the return must have the corresponding
attached SAWT reflecting total amounts which is equal to the total amounts
claimed as credits.

E. Returns required to be filed with MAP:

1 BIR Form No. 1601-E Monthly Remittance Return of Creditable
Income Taxes Withheld (Expanded
Withholding tax)
2 BIR Form No. 1601-F Monthly Remittance Return of Final Taxes
Withheld
3 BIR Form No. 1600 Monthly Remittance Return of Value Added
Tax and Other Percentage Taxes (Under RAs
1051, 4649, 8241 and 8424)

The return with the attached MAP shall be filed in three (3) copies to be
distributed as follows:
Original copy of return with attached MAP - BIR copy
Duplicate copy of return with attached MAP - BIR copy
Triplicate copy of return with attached MAP - taxpayers file copy

A withholding agent/payor may file a consolidated withholding tax return

for the head office and all the branches or may file withholding tax returns
separately for its head office and each branch and facility. For such
decentralized way of filing tax return for the head office, branch or facility, one
withholding tax return per tax type per return period shall be filed for each office.
For purposes of such filing, a TIN with branch code shall be issued to the branch
of the withholding agent/payor, which branch code must be indicated in the return
so that remittance shall be posted accordingly. Such policy shall also apply to
government agencies and instrumentalities, political subdivisions (provincial, city,
municipal, barangay), government owned or controlled corporations for their
respective branches, regional, provincial, district offices and implementing units
where such reporting entity is using decentralized accounting.

For the centralized way of filing withholding tax returns, the head office of
withholding agents/payors using centralized accounting (e.g., Large Taxpayers,
etc.) shall file a consolidated withholding tax return per tax type per return period;
Provided, however, that a withholding agent/payor enrolled under EFPS shall e-
file the electronic copy of the MAP together with the return. The validation of such
e-filed returns shall ensure that the total amount of taxes withheld and remitted
must correspond to that reflected in the MAP.

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F. Information that Must be Contained in the Summary Alphalist of
Withholding Agents of Income Payments (SAWT) and Monthly
Alphalist of Payees (MAP)

The SAWT as shown in Annex A and MAP as shown in Annex B, must

contain the following information:
1. Sequence Number
2. TIN including branch code of payor for SAWT or payee for MAP
3. Registered name of payor for SAWT or name of payee for MAP
4. Tax type
5. Period covered
6. Nature of income payment
7. Alphanumberic Tax Code (ATC)
8. Tax base or amount of income payment or gross sales or gross
receipts, whichever is applicable
(net of VAT or exclusive of VAT for VAT registered taxpayers or
Gross Income/gross sales/gross receipts for Non-VAT registered
taxpayers)
9. Applicable rate
10. Amount of tax withheld
11. Total amount of income payment or gross sales or gross receipts,
whichever is applicable
12. Total amount of tax withheld

G. Rules in the Presentation of the Required Information in the Summary

Alphalist of Withholding Agents of Income Payments (SAWT) and
Monthly Alphalist of Payees (MAP)

1. The payee/income recipient shall attach the SAWT to the return for
purpose of claiming tax credits or refund. On the other hand, the
withholding agent-income payor shall attach the MAP to the applicable
withholding tax remittance returns;

2. The heading/caption for SAWT shall indicate, among others, the name
of the payee/income recipient, trade name, address, TIN, branch code,
tax type and the period covered by the return;

3. The heading/caption for MAP shall indicate, among others, the name
of the withholding agent/payor, trade name, address, TIN, branch code
(if applicable), tax type and period covered by the return;

4. The names of the withholding agents/payors or names of

payees/income recipients, as the case may be, shall be alphabetically
arranged and presented in the schedules with the nature of income
payments, tax type, amount of tax base, amount of tax withheld;

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 5. Failure to indicate the TIN of the withholding agent/payor or the
payee/income recipient, as the case may be, may be a ground for
conducting an audit of the records of the payor, payee or both;

6. The nature of income payment, ATC and applicable rate should be

clearly specified. If a payee has several ATCs, the same shall be
grouped sequentially and arranged per taxpayer;

7. The SAWT shall reflect the transaction for each certificate issued by
the withholding agent/payor on the claimed or applied credits in the
applicable return by the payee/income recipient. The MAP shall reflect
details per transaction or consolidated monthly transactions per
payee/income recipient on the income payment and its corresponding
withholding taxes;

8. The tax base or amount of income payment/gross sales/gross receipts

shall be exclusive of VAT for VAT-registered taxpayers or Gross
Income/Gross Sales/Gross Receipts for Non-VAT registered
taxpayers;

9. The SAWT and MAP shall be submitted in the prescribed format in

electronic form using 3.5 inch floppy diskette or CD inside a sealed
letter envelope, for those required to submit the data in electronic form.
For EFPS, it shall be e-filed together with the returns;

10. All SAWTs and MAPs received in diskettes shall be uploaded by the
RDO/LTS/LTDO within thirty (30) days from receipt; and

11. All SAWTs and MAPs received in hard copy shall be encoded and
uploaded by the RDO/LTS/LTDO.

H. Required Format in the Submission/attachment of SAWT/ MAP to the

required returns.

The SAWT/MAP shall be submitted/attached to the return and shall

contain all the required information in the prescribed electronic format using any
of the following:

Option 1 Microsoft Excel Format;

Option 2 Taxpayers own extract program; or
Option 3 Data Entry Module developed by the BIR that will be
available upon request or downloadable from the BIRs web
site at http://www.bir.gov.ph with the corresponding job aid
to be provided by the BIR.

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 For those who will choose option 1 or 2, they are required to use a
validation module of the BIR which can either be downloaded from the BIR-web
or made available in diskette form upon request

Only readable diskettes/CD shall be considered as duly filed or attached

to the required return. The RDO/LTS/LTDO shall upload the contents of all the
diskettes received within thirty (30) days from receipt of the return.

Section 3. RETURNS AND PAYMENT OF TAXES WITHHELD AT SOURCE.

A. Section 2.58 (A) of Revenue Regulations No. 2-98, as amended, is hereby

further amended to read as follows:

Section 2.58 RETURNS AND PAYMENT OF TAXES WITHHELD AT

SOURCE.

A. Monthly return and payment of taxes withheld at source.-

(1) WHERE TO FILE- Creditable withholding taxes (Expanded Withholding
Tax) deducted and withheld by the withholding agent shall be remitted by
accomplishing the Monthly Remittance Return of Creditable Income Taxes
Withheld (BIR Form No. 1601-E) and for final taxes Monthly Remittance
Return of Final Taxes Withheld (BIR Form No. 1601-F) in triplicate copies
with Monthly Alphalist of Payees (MAP), the tax base and the amount
withheld paid upon filing the return with the authorized agent banks under
the jurisdiction of the Revenue District Office (RDO)/Large Taxpayers
District Office (LTDO) where the withholding agent is required to register and
file the return. In places where there is no authorized agent bank, the return
shall be filed directly with the Revenue Collection Officer or the duly
authorized Municipal/City treasurer of the Revenue District Office where the
withholding agent is required to register or file the return, except in cases
where the Commissioner otherwise permits.

xxx xxx xxx

B. Section 4.114 (B) of Revenue Regulations No. 2-98, as amended, is hereby

further amended to read as follows:

Section 4.114WITHHOLDING OF VALUE ADDED TAX

(A) xxx

(B) xxx

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 (C) Returns and payment of taxes withheld. - The withholding agents
shall accomplish the Monthly Remittance Return of Value Added tax and
Other Percentage Taxes Withheld (BIR Form No. 1600) in triplicate
copies with Monthly Alphalist of Payees (MAP), the tax base and the
amount withheld paid upon filing the return with the authorized agent
banks under the jurisdiction of the Revenue District Office (RDO)/Large
Taxpayers District Office (LTDO) where the withholding agent is required
to register and file the return. In places where there is no authorized
agent bank, the return shall be filed directly with the Revenue Collection
Officer or the duly authorized Municipal/City treasurer of the Revenue
District Office where the withholding agent is required to register or file
the return, except in cases where the Commissioner otherwise permits.

xxx xxx xxx

C. Section 5.116 (B) of Revenue Regulations No. 2-98, as amended, is hereby

further amended to read as follows:

Section 5.116 WITHHOLDING OF PERCENTAGE TAX.-

(A) xxx xxx xxx

(B) Returns and payments of taxes withheld. - No money payment shall

be made by any government office or agency, unless the taxes due thereon
shall have been deducted and withheld.

Taxes deducted and withheld shall be covered by the Monthly Remittance

Return of VAT and Other Percentage Taxes Withheld (BIR Form No. 1600)
in triplicate copies with Monthly Alphalist of Payees (MAP), that likewise
presents the tax base and tax withheld to be filed and the tax to be paid to
the authorized agent bank under the jurisdiction of the Large Taxpayer
Service including the Large Taxpayers District Office, in case of large
taxpayer, or the Authorized Agent Bank under the jurisdiction of the
Revenue District Office were the withholding agent is located, for non-large
taxpayer. In places where there are no authorized agent bank, the return
shall be filed directly with the Revenue Collection Officer or the duly
authorized Treasurer of the City or Municipality where the withholding agent
is required to register except in cases where the Commissioner otherwise
permits. The required return shall be filed and payments made within ten
(10) days following the end of the month the withholding was made or the
withholding tax has accrued.

xxx xxx xxx

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Section 4. RETENTION OF THE HARD COPY OF THE CERTIFICATES OF
TAX WITHHELD (BIR FORM NO. 2306, BIR FORM NO. 2307, & BIR FORM
NO. 2316) USED AS PROOFS OF TAX CREDITS CLAIMED IN THE TAX
RETURNS FOR AUDIT PURPOSES-- The hard copy of the Certificates of Tax
Withheld at Source including withholding tax on compensation issued by the
payors of income payments to the payees shall always be retained within the
period prescribed in the law for the preservation of books of accounts and
accounting records and presentation of said hard copy may be requested during
audit to prove the tax credits arising from withholding taxes which are being
claimed in the tax returns filed.

Section 5. PENALTY PROVISION. In accordance with the provisions of the

NIRC of 1997, a person who fails to file, keep or supply a statement, list, or
information required herein on the date prescribed therefor shall pay, upon notice
and demand by the CIR, an administrative penalty of One Thousand Pesos
(P1,000) for each such failure, unless it is satisfactorily shown that such failure is
due to reasonable causes and not due to willful neglect. For this purpose, the
failure to supply the required information shall constitute a single act or omission
punishable thereof. However, the aggregate amount to be imposed for all such
failures during the year shall not exceed Twenty Five Thousand Pesos
(P25,000).

In addition to the imposition of administrative penalty, willful failure by such

person to keep any record and to supply the correct and accurate information at
the time required herein, shall be subject to the criminal penalty under the
relevant provisions of the Tax Code of 1997, upon conviction of the offender.

The imposition of any of the penalties under the Tax Code of 1997 and the
compromise of the criminal penalty on such violations, notwithstanding, shall not
in any manner relieve the violating taxpayer from the obligation to submit the
required documents.

Finally, the corresponding administrative penalty shall be imposed on

every violation of the provisions of these Regulations, upon due notice and
demand by the CIR. A subpoena duces tecum for the submission of the required
documents shall be issued on the second offense. A third offense shall set the
motion for a criminal prosecution of the offender.

In cases where a violation hereof is allowed to be compromised, the

submission of the unsubmitted lists should always form part of the obligation of
the taxpayer to be embodied in the compromise agreement.

Section 6. TRANSITORY PROVISIONS. For purposes of initial

implementation and in order to give ample time to retrieve and prepare the

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requirements in filing of returns with the attached MAP/SAWT and adjust
computerized systems, the herein mentioned requirements shall apply to
transactions beginning January 1, 2006 (e.g. BIR Form 1601-E for January
transactions to be filed and remitted on or before February 10).

The filing of the Annual Information Return (BIR Form No. 1604-E with
attached Alphalist of Payees) shall still be filed on or before March 1 of the
following year in accordance with existing issuances.

Section 7. REPEALING CLAUSE. - The provisions of any revenue regulations,

revenue memorandum orders or circulars or any other issuance inconsistent
herewith are hereby repealed, amended, or modified accordingly.

Section 8. EFFECTIVITY CLAUSE. - These Regulations shall take effect on

transactions starting January 1, 2006 or after fifteen (15) days following
publication hereof in any newspaper of general circulation, whichever is comes
later.

(Original Signed)
MARGARITO B. TEVES
Secretary of Finance

Recommending Approval:

(Original Signed)
JOSE MARIO C. BUAG
OIC-Commissioner of Internal Revenue

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