RULES TO IMPLEMENT THE PENALTY PROVISION UNDER SECTION 308 OF THE NIRC OF 1997, AS AMENDED BY THE CREATE ACT, AND IMPLEMENTED BY DOF-DTI JAO NO. 001-2023

REVENUE MEMORANDUM CIRCULAR NO. 045-2025

This Circular informs all parties that the Bureau of Internal Revenue (BIR) has released the Joint Administrative Order (CDA-DOF-BIR JAO) No. 001-2025. This order outlines the rules for enforcing the penalty provision under Section 308 of the National Internal Revenue Code (NIRC) of 1997, amended by Republic Act No. 11534, known as the Corporate Recovery and Tax Incentives for Enterprises (CREATE) Act. This is in line with the DOF-DTI-JAO No. 001-2023, issued on March 09, 2023.

Effectivity

The CDA-DOF-BIR JAO No. 001-2025 is effective on March 28, 2025, or fifteen (15) days after its publication in The Philippine Star on March 13, 2025, as stated in Fiscal Incentives Review Board (FISB) Advisory No. 002-2025.