THE Securities and Exchange Commission (SEC) Cebu Extension Office on a notice dated Nov. 25, 2011 has required all incorporators/partners of corporations/partnerships, which are in the process of registration/recording with the SEC as well as the directors/trustees/officers/stockholders reflected in the general information sheet, to incorporate their Tax Identification Number (TIN) in the articles of incorporation, articles of partnership, and general information sheet to be submitted with the SEC.
The legal basis of requiring the TIN to be indicated in all government forms to be filed is Revenue Regulation (RR) 11-2008 also known as the Consolidated Revenue Regulations on Primary Registration, ITS Updated, and Cancellation.
Section 2D of the RR states that the TIN “shall pertain to the reference index number issued and assigned by the BIR to each and every person registered in its database”.
And that “in all of the business and/or personal transactions of the registered person whether these be with government offices or otherwise, this reference index number is required to be indicated.”
Furthermore, under Section 3B4 of the RR, persons covered by Executive Order No. 98 are required to secure the TIN.
This includes directors, officers, and stockholders of Philippine Corporation even if non-resident or not a citizen of the Philippines.
Under Executive Order No. 98, persons, whether natural or juridical, dealing with all government agencies and instrumentalities are required to incorporate the TIN in all forms, permits, licenses, clearances, official papers, and documents, which they secure from these government agencies and instrumentalities.
Under Section 3(C)(2) of the RR, the documentary requirements of individuals who will apply for a TIN are: accomplished application for TIN forms, birth certificate, marriage contract, name of spouse if married, name of parents if single, complete address, valid company I.D. or certificate of employment, passport if there is any.
For foreign individuals, those earning abroad and foreign corporations, the TIN shall be secured from the Revenue District Office No. 39, of South Quezon City.
All TIN applications must bear any document showing proof of transaction with the government agency.
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You may contact the author at rester. nonato @yahoo.com.