BIR Form No. 1601-C Monthly Remittance Return of Income Taxes Withheld on Compensation
Guidelines and Instructions
Who Shall File
This return shall be filed in triplicate by every withholding agent (WA)/payor who is either an individual or non-individual, required to deduct and withhold taxes on compensation paid to employees. If the Government of the Philippines, its political subdivisions or any Agency or Instrumentality, as well as government-owned or controlled corporation is the employer, the return may be made by the officer or employee having control of payment of compensation/other income payment or other officer or employee appropriately designated for the purpose.
If the person required to withhold and pay the tax is a corporation, the return shall be made in the name of the corporation and shall be signed and verified by the president, vice-president, or any authorized officer and countersigned by the treasurer or assistant treasurer.
With respect to a fiduciary, the returns shall be made in the name of the individual, estate or trust for which such fiduciary acts and shall be signed and verified by such fiduciary. In case of two or more joint fiduciaries, the return shall be signed and verified by one of such fiduciaries.
When and Where to File and Remit
The return shall be filed and tax paid on or before the tenth (10th) day of the month following the month in which withholding was made except for taxes withheld for December which shall be filed/paid on or before January 25 of the succeeding year. Provided, that large taxpayers as determined by the Commissioner shall file/pay on or before the twenty fifth (25th) day of the following month.
The return shall be filed and the tax paid with the Authorized Agent Bank (AAB) of the Revenue District Office having jurisdiction over the withholding agent's place of business/office. In places where there are no Authorized Agent Banks, the return shall be filed and the tax paid with the Revenue Collection Officer or the duly Authorized City or Municipal Treasurer within the Revenue District where the withholding agent's place of business/office is located, who will issue a Revenue Official Receipt (BIR Form No. 2524) therefor.
Where the return is filed with an AAB, the lower portion of the return must be properly machine-validated and duly stamped by the Authorized Agent Bank to serve as the receipt of payment. The machine validation shall reflect the date of payment, amount paid and transaction code, and the stamped mark shall show the name of the bank, branch code, teller's code and teller's initial. The AAB shall also issue an official receipt or bank debit advice or credit document, whichever is applicable, as additional proof of payment.
A taxpayer may file a separate return for the head office and for each branch or place of business/office or a consolidated return for the head office and all the branches/offices except in the case of large taxpayers where only one consolidated return is required.
There shall be imposed and collected as part of the tax:
of twenty five percent (25%) for each of the following violations:
file any return and pay the amount of tax or installment due
on or before the due date; b.
authorized by the Commissioner, filing a return with a person
or office other than those with whom it is required to be filed; c.
pay the full or part of the amount of tax shown on the return,
or the full amont of tax due for which no return is required
to be filed on or before the due date; d.
pay the deficiency tax within the time prescribed for its payment
in the notice of assessment.
1. A surcharge of twenty five percent (25%) for each of the following violations:
a. Failure to file any return and pay the amount of tax or installment due on or before the due date;
b. Unless otherwise authorized by the Commissioner, filing a return with a person or office other than those with whom it is required to be filed;
c. Failure to pay the full or part of the amount of tax shown on the return, or the full amont of tax due for which no return is required to be filed on or before the due date;
d. Failure to pay the deficiency tax within the time prescribed for its payment in the notice of assessment.
Violation of Withholding Tax Provisions
Any person required to withhold, account for, and remit any tax imposed by the National Internal Revenue Code or who willfully fails to withheld such tax, or account for and remit such tax, or aids or abets in any manner to evade any such tax or the payment thereof, shall, in addition to other penalties provided for under this Law, be liable upon conviction to a penalty equal to the total amount of the tax not withheld, or not accounted for and remitted.
Any employer/withholding agent who fails or refuses to refund excess withholding tax shall, in addition to the penalties provided in the other provisions of the National Internal Revenue Code, be liable to a penalty equal to the total amount of refunds which was not refunded to the employees resulting from any excess of the amount withheld over the tax actually due on their return.
Any person required under the National Internal Revenue Code or by rules and regulations promulgated thereunder to pay any tax, make a return, keep any record, or supply correct and accurate information, who willfully fails to pay such tax, make such return, keep such record, or supply such correct and accurate information, or withhold or remit taxes withheld, or refund excess taxes withheld on compensation, at the time or times required by law or rules and regulations shall, in addition to the other penalties provided by law, upon conviction thereof, be punished by a fine of not less than ten thousand pesos (P10,000.00) and suffer imprisonment of not less than one (1) year but not more than ten (10) years.
Every officer or employee of the government of the Republic of the Philippines or any of its agencies and instrumentalities, its political subdivisions, as well as government-owned or controlled corporation, including the Bangko Sentral ng Pilipinas, who, under the provisions of the Code, as amended, or regulations promulgated thereunder, is charged with the duty to deduct and withhold any internal revenue tax and to remit the same in accordance with the provisions of the Tax Code, as amemded, and other laws shall be guilty of any offense herein-below specified and upon conviction of each act or omission, be fined in a sum not less than five thousand pesos (P5,000) but not more than fifty thousand pesos (P50,000) or imprisoned for a term of not less than six (6) months and one day but not more than two (2) years, or both.
If the withholding agent is the Government or any of its agencies, political subdivisions or instrumentalities, or a government-owned or controlled corporation, the employee thereof responsible for the withholding and remittance of tax shall be personally liable for the additions to the tax prescribed by the National Internal Revenue Code.
Note: All background information must be properly filled up.