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Lessee Information Statement - Reportorial Requirement For Establishments Leasing or Renting Out Spaces For Commercial Activities

BIR required all Lessor and sub lessor to submit a Lessee Information Statement at least twice a year
Lessor and Lessee of a Commercial Space Should Read This
A. Objective of the BIR Revenue Regulations No. 12-2011:
Ø Owners or Sub-lessors of commercial spaces have to make sure that they are transacting only with BIR-registered taxpayers.
B. BIR registered taxpayer should have:
Ø Tax Identification Number (TIN)
Ø BIR Certificate of Registration
Ø Duly registered receipts, sales or commercial invoices in compliance with SEC 237 and 238 of the Tax Code.

C. Transitory Provision for the year 2011 Reports on Lessee Information Due on:
Tenants as of July 31, 2011 - Reports due on or before September 1, 2011.
Ø Space layout of the entire area being leased with proper space address or reference
Ø Certified true copy of contract of lease per tenant
Ø Lessee Information Statement using Excel format – printed copy and soft copy stored in a CD-R




CLICK IMAGE TO INCREASE SIZE OF THE LESSEE INFORMATION STATEMENT

D. Where to file the reports:
The information must be submitted under oath to the BIR Revenue District Office (RDO)
E. Regular filing of reports starting 2012:
Tenants as of December 31st of the previous year- Reports due every 31st of January.
Tenants as of June 30th of the current year - Reports due every 31st of July.
Ø Space layout of the entire area being leased with proper space address or reference
Ø Certified true copy of contract of lease per tenant
Ø Lessee Information Statement using Excel format – printed copy and soft copy stored in a CD-R




CLICK IMAGE TO INCREASE SIZE OF THE LESSEE INFORMATION STATEMENT
F. Monitoring of Compliance by the Revenue District Officers (RDO)

Ø The Reportorial requirements must validate through the BIR’s Integrated Tax System (ITS) database the registration profile of the tenants.
Lessee’s information in the Lessee Information Statement should match the BIR registration profile of the tenants in the BIR database.
G. Penalty Clause
Tax Code
SEC. 255. Failure to File Return, Supply Correct and Accurate Information, Pay Tax, Withhold and Remit Tax and Refund Excess Taxes Withheld on Compensation.
Any person required under this 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
- upon conviction thereof, be punished by a fine of not less than Ten thousand pesos (P10,000) and suffer imprisonment of not less than one (1) year but not more than ten (10) years.
Any person who attempts to make it appear for any reason that he or another has in fact filed a return or statement, or actually files a return or statement and subsequently withdraws the same return or statement

- upon conviction therefor, be punished by a fine of not less than Ten thousand pesos (P10,000) but not more than Twenty thousand pesos (P20,000) and suffer imprisonment of not less than one (1) year but not more than three (3) years.
SEC. 267. Declaration under Penalties of Perjury
Any declaration, return and other statements required under this Code, shall, in lieu of an oath, contain a written statement that they are made under the penalties of perjury. Any person who willfully files a declaration, return or statement containing information which is not true and correct as to every material matter shall, upon conviction, be subject to the penalties prescribed for perjury under the Revised Penal Code.
To read the full Revenue Regulations No. 12-2011 (RR No. 12-2011) CLICK HERE


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