Republic Act No.
11534, The Corporate Recovery
and Tax Incentives for Enterprises Act (CREATE)
Online Briefing
13 April 2021
Revenue Regulations No. 3 – 2021
Rules and Regulations Implementing
Section 3 of Republic Act (RA) No.
11534, Otherwise Known as the
“Corporate Recovery and Tax Incentives
for Enterprises Act” or “CREATE”,
Amending Section 20 of the National
Internal Revenue Code of 1997, As
Amended.
SECTION 1. Scope
Pursuant to the provisions of Sections 244 and 245 of the National
Internal Revenue Code of 1997 (Tax Code), as amended, these
Regulations are hereby promulgated to implement Section 3 of
Republic Act (RA) No. 11534 or CREATE, particularly on the
submission by the Commissioner of Internal Revenue of the needed
tax-related information to the Department of Finance (DOF) in
relation to the grant of incentives to a particular entity under Sec. 16
of the Act, amending Title XIII of the Tax Code, as amended.
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SECTION 2. Submission of Tax-Related and
Pertinent Information
Pursuant to Section 20 (B) of the Tax Code, as amended by
CREATE, the Secretary of Finance may order the Commissioner
of Internal Revenue to furnish the DOF such specifically
identified information related to entities receiving incentives
under Title XIII of the Tax Code of 1997, as amended, with
justification clearly stated therefor.
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SECTION 3. Tax-Related and Pertinent
Information
Refers to tax returns and any amendments thereof, including
those pertinent information which can be associated with,
directly or indirectly, to a particular taxpayer, regarding its
business income, operations, style or the work or apparatus of
any manufacturer or producer.
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SECTION 4. Procedures
A request for tax related and pertinent information of entities receiving
incentives under Title XIII of the Tax Code of 1997, as amended, shall be
made upon authority of the Secretary of Finance and shall be addressed to the
Commissioner of Internal Revenue. It shall identify the specific information
sought, as well as the reason or justification for the request for information
related to the incentives granted to a particular entity under Title XIII of the
Tax Code of 1997, as amended. Should a request for official information or
document be received by another office within the BIR, it shall immediately
be transmitted to the Office of the Commissioner for appropriate action.
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SECTION 4. Procedures
All responses to requests for tax related and pertinent information shall be
coursed through the Commissioner of Internal Revenue. Under no
circumstance shall a revenue official or employee provide or make known,
in any manner, official information or documents to the DOF, specifically on
information relative to the grant of incentives, without the prior written
approval of the Commissioner of Internal Revenue.
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SECTION 5. Liability for Disclosure of Tax-
Related Information
The Secretary of Finance and the relevant officers and employees in the
DOF handling such specific information obtained from the Commissioner of
Internal Revenue shall be covered by the provisions of Section 270 of the
Tax Code of 1997, as amended, unless the taxpayer consents in writing to
such disclosure.
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CREATE Project Team
ELENITA B. QUIMOSING LARRY M. BARCELO
ACIR, Project Management & Implementation Service (PMIS) ACIR, Legal Service
VAT, Percentage, Administrative & Reorganization
MAPEMAROMA M. CANTILLEP
Director II, PMIS
Shirley Cuenco
Jose Ric A. Cabrera ADC, VAT Credit Audit Division
PMIS Junjun B. Andallo
Venus T. Gaticales ADC, Tax Audit Review Division
PMIS Louie Marz A. Tangkia
Juanito H. Balbastre ADC, Law & Legislative Division (LLD)
Chief, Law & Legislative Division Gelmo P. Sabayle, LLD
Head Secretariat: Members:
MA. GENEROSA L. CASTILLO, PMIS Maria Concepcion G. Jimenez, PMIS
Gemia Katrine C. Marinas, PDMD
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Website Address: Email:
www.bir.gov.ph
[email protected]BUREAU OF INTERNAL REVENUE
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