- Authorizing the Secretary of Finance to Order the Opening of Income Tax Returns of Specific Taxpayers for Inspection
- Executive Order No. 56
September 6, 2011
EXECUTIVE ORDER NO. 56
AUTHORIZING THE SECRETARY OF FINANCE TO ORDER THE OPENING OF INCOME TAX RETURNS OF SPECIFIC TAXPAYERS FOR INSPECTION TO EFFECTIVELY IMPLEMENT REPUBLIC ACT NUMBER 10021, OTHERWISE KNOWN AS THE "EXCHANGE OF INFORMATION ON TAX MATTERS ACT OF 2009"
WHEREAS, it is declared as the policy of the State to promote and pursue a tax environment that contributes in sustaining favorable international investment climate and instills confidence in the adequacy and capacity of the country's tax administration to comply with its commitments under existing international conventions or agreements on tax matters;
WHEREAS, Section 4 of
WHEREAS, with the enactment and approval of inter alia, income tax returns of specific taxpayers;
WHEREAS, under the doctrine of qualified political agency, except in cases when the President is required by the Constitution or law to act personally or the exigencies of the situation demand that he acts personally, the multifarious executive and administrative functions of the President are performed by and through the executive departments, and the acts of the Secretaries of such departments, performed and promulgated in the regular course of business, are presumptively the acts of the President;
WHEREAS, to efficiently carry out the purposes and objectives of IDAaCc
NOW, THEREFORE, I, BENIGNO S. AQUINO III, President of the Philippines, by virtue of the powers vested in me by law, do hereby order:
SECTION 1. Delegated Authority. The authority to order the opening for inspection of the income tax returns of specific taxpayers subject of a request for exchange of information by a foreign tax authority pursuant to an international convention or agreement on tax matters to which the Philippines is a signatory or party thereof, is hereby delegated to the Secretary of Finance.
SECTION 2. Issuance of Rules. The specific rules and regulations that shall govern the opening for inspection of income tax returns of specific taxpayers subject of a request for exchange of information by a foreign tax authority shall be issued by the Secretary of Finance, upon the recommendation of the Commissioner of Internal Revenue.
SECTION 3. Use and Confidentiality. Any information received by a foreign tax authority as a result of the opening for inspection of the income tax returns of specific taxpayers subject of its request shall be treated by the authority as absolutely confidential in nature in the same manner as information obtained by the latter under its laws and regulations and shall be disclosed only to persons or authorities, including courts and administrative bodies, involved in the assessment or collection of, the enforcement or prosecution in respect of, or the determination of appeals in relation to, the taxes covered by such conventions or agreements. CASTDI
SECTION 4. Separability Clause. If any provision of this Executive Order is declared invalid or unconstitutional, the other provisions not affected thereby shall remain valid and subsisting.
SECTION 5. Repealing Clause. All orders, rules, regulations, and issuances, or parts thereof, which are inconsistent with this Executive Order, are hereby repealed, amended, or modified accordingly.
SECTION 6. Effectivity. This Executive Order shall take effect immediately upon publication in a newspaper of general circulation.
DONE in the City of Manila, this 6th day of September, in the year of Our Lord, Two Thousand and Eleven.