RR 11-2022

Revenue Regulations No. 11-2022 (issued June 30, 2022) prescribes the guidelines and procedures for the spontaneous exchange of taxpayer specific rulings with foreign tax authorities. The Exchange of Information (EOI) Section of the BIR's International Tax Affairs Division (ITAD) is responsible for transmitting covered rulings — preferential regime rulings, cross-border unilateral APAs and other transfer pricing rulings, rulings giving unilateral downward adjustments to taxable profits, PE rulings, and related party conduit rulings — to potential exchange jurisdictions, using the template designed by the FHTP and the Inclusive Framework on BEPS (Annex A). Past rulings must be exchanged as soon as possible after identifying the jurisdictions; future rulings no later than three months after issuance; and subsequent requests from other jurisdictions must be answered within 90 days. Exchange may be by registered mail or encrypted, password-protected email. For the Philippines, past rulings within scope are limited to PE rulings concerning the existence or absence of a PE of a foreign enterprise in the Philippines issued in specified 2012–2017 periods. A 'best efforts' approach (ruling file, BIR Form No. 1709, transfer pricing documentation, among others) is used to identify potential exchange jurisdictions.