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EXECUTIVE ORDERS
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EXECUTIVE ORDER NO. 1026 - AMENDING
Sec. 78 OF THE NATIONAL INTERNAL REVENUE CODE OF 1977, TO REQUIRE
DISSOLVING CORPORATIONS TO FILE INFORMATION RETURNS AND SECURE TAX
CLEARANCE FROM THE COMMISSIONER OF INTERNAL REVENUE, AND PROVIDING
ADEQUATE PENALTIES FOR VIOLATION THEREOF
WHEREAS, corporations, particularly those
with unpaid tax liabilities to the Government dissolve without prior
notice to the Bureau of Internal Revenue, to the detriment of tax
collection;
WHEREAS, the requirement under existing law making it obligatory for
said corporations to notify the Commissioner of Internal Revenue of
corporate dissolution is inadequate for aside from the imposition of
relatively light penalties in case of violation, no BIR tax clearance
as a prerequisite to dissolution is prescribed;
WHEREAS, in order to remedy this defect and thus insure adequate
collection of taxes, amendment of the aforecited provision of the
Internal Revenue Code is necessary.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me under Sec. 290-B of the National
Internal Revenue Code, as amended, do hereby order as follows:
Section 1.
“Sec.
78.
Failure to render the return and
secure the certificate of tax clearance as above-mentioned shall
subject the officer(s) of the corporation required by law to file the
return under Sec. 46(a) of this Code, to a fine of not less than
Five Thousand pesos or imprisonment of not less than two years and
shall make them liable for all outstanding or unpaid tax liabilities of
the dissolving corporation.”
Sec. 2.
Sec. 3.
Sec. 4.
DONE in the City of Manila,
this 14th day of May, in the year of Our Lord, nineteen hundred and
eighty-five.
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