Professional Documents
Culture Documents
Excise Taxes Notes
Excise Taxes Notes
Excise Taxes Notes
KEY POINTS
1. Excise Tax is a tax on the production, sale or consumption of a commodity in a country.
2. Excise taxes apply to
a. Certain goods manufactured or produced in the Philippines for domestic sales or
consumption or for any other disposition (ex. Alcohol, wines, cigarettes, etc.)
b. Certain things imported in the Philippines
c. Certain services performed in the Philippines (ex. Cosmetic procedures)
3. The excise tax is in addition to Value-added Tax (VAT)
5. The persons liable to file a return for excise tax shall file a separate return for each place of
production setting forth, among others the description and quantity or volume of products to be
removed, the applicable tax base and the amount of tax due thereon.
For local production of petroleum, natural gas, or liquified natural gas (example: Malampaya gas
field in Palawan), the excise tax shall be paid by the first buyer, purchaser or transferee for local
sale, barter or transfer.
For mineral products and extraction by mining companies, the excise tax on exported products
shall be paid by the owner, lessee, concessionaire or operator of the mining claim.
Should domestic products be removed from the place of production without the payment of the
tax, the owner or person having possession thereof shall be liable for the tax due thereon.
B. Special Treatment of Imported Cigars, Cigarettes, Distilled Spirits, Fermented Liquors and
Wines
a. Even if destined for tax and duty free shops, shall be subject to all applicable taxes, duties,
charges, including excise taxes due thereon. - laging liable sa lahat ng charges
b. If imported directly by a government-owned and operated duty-free shop, like the Duty-Free
Philippines (DFP), shall be EXEMPTED FROM all applicable DUTIES ONLY and should be
labeled ‘duty-free’ and ‘not for resale’.
PETROLEUM PRODUCTS
Specific tax = P10.00 per Liter
1. Lubricating oils and base stock
2. High vacuum distillates
3. Aromatic extracts
4. Additives for lubricating oils
5. Processed gas
6. Denatured alcohol
7. Naptha
8. Regular gasoline
9. Pyrolysis gasoline
10. Other similar products of distillation
11. Unleaded premium gasoline
MISCELLANEOUS ARTICLES
Automobiles - any four (4) or more wheeled motor vehicle regardless of seating capacity, which
is propelled by gasoline, diesel, electricity or any other motive power.
- Buses, trucks, cargo vans, jeeps/jeepneys substitutes, single cab chassis and special-purpose
vehicles shall not be considered as automobiles. Pick-ups shall not be considered as trucks.
Hybrid electric vehicle - shall mean a motor vehicle powered by electric energy, with or without
provision for off-vehicle charging, in combination with gasoline, diesel or any other motive
power.
- A hybrid electric vehicle must be able to propel itself from a stationary condition using solely
electric motor.
Hybrid automobile - hybrid vehicles shall be subject to fifty percent (50%) of the applicable
excise tax rates on automobiles
Purely electric vehicles and pick-ups shall be exempt from excise tax on automobiles.
Imported automobiles not for sale - The ad valorem tax shall be based on the total landed value,
including transaction value, customs duty and all other charges.
Automobiles used exclusively within the Freeport zone shall be exempt from excise tax.
(a) All goods commonly or commercially known as jewelry, whether real or imitation, pearls,
precious
and semi-precious stones and imitations thereof; goods made of, or ornamented, mounted or
fitted
with, precious metals or imitations thereof or ivory (not including surgical and dental
instruments,
silver-plated wares, frames or mountings for spectacles or eyeglasses, and dental gold or gold
alloys
and other precious metals used in filling, mounting or fitting the teeth); opera glasses and
lorgnettes.
The term ‘precious metals’ shall include platinum, gold, silver and other metals of similar or
greater
value. The term ‘imitations thereof‘ shall include platings and alloys of such metals.
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NON -ESSENTIAL SERVICES
Section 150-A
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Invasive cosmetic procedures, surgeries, and body enhancements directed solely towards
improving,
altering, or enhancing the patient’s appearance and do not meaningfully promote the proper
function of the body or prevent or treat illness or disease. Provided, That this tax shall not
apply to
procedures necessary to ameliorate a deformity arising from, or directly related to, a
congenital or
developmental defect or abnormality, a personal injury resulting from an accident or trauma,
or
disfiguring disease, tumor, virus or infection: Provided, further, That cases or treatments
covered by
the National Health Insurance Program shall not be subject to this tax.
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SWEETENED BEVERAGES
Section 150-B
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Definitions
----------------
Sweetened Beverages
Sweetened beverages (SBs) refer to non-alcoholic beverages of any constitution (liquid, powder,
or concentrates) that are pre-packaged and sealed in accordance with the Food and Drug
Administration (FDA) standards, that contain caloric and/or non-caloric sweeteners added by the
manufacturers, and shall include, but not limited to the following, as described in the Food
Category System from Codex Alimentarius Food Category Descriptors(Codex Stan 192-1995,
Rev. 2017 or the latest) as adopted by the FDA:
(1) Sweetened juice drinks;
(2) Sweetened tea;
(3) All carbonated beverages;
(4) Flavored water;
(5) Energy and sports drinks;
(6) Other powdered drinks not classified as milk, juice, tea, and coffee;
(7) Cereal and grain beverages; and
(9) Other non-alcoholic beverages that contain added sugar.
Caloric Sweeteners
Caloric sweetener refers to a substance that is sweet and includes sucrose, fructose, and glucose
that produces a certain sweetness
Non-caloric sweetener
Non-caloric sweetener refers to a substance that are artificially or chemically processed that
produces a certain sweetness such as aspartame, sucralose, saccharin, acesulfame potassium,
neotame, cyclmates and other non-nutritive sweeteners
(1) All milk products, including plain milk, infant formula milk, follow-on milk, growing up
milk,
powdered milk, ready-to-drink milk and flavored milk, fermented milk, soymilk, and
flavored
soymilk;
(2) One Hundred Percent (100%) Natural Fruit Juices – Original liquid resulting from the
pressing of
fruit, the liquid resulting from the reconstitution of natural fruit juice concentrate, or the
liquid
resulting from the restoration of water to dehydrated natural fruit juice that do not have
added
sugar or caloric sweetener;
(3) One Hundred Percent (100%) Natural vegetable Juices – Original liquid resulting from the
pressing
of vegetables, the liquid resulting from the reconstitution of natural vegetables juice
concentrate,
or the liquid resulting from the restoration of water to dehydrated natural vegetable juice
that do
not have added sugar or caloric sweetener;
(4) Meal Replacement and Medically Indicated Beverages – Any liquid or powder
drink/product for
oral nutritional therapy for persons who cannot absorb or metabolize dietary nutrients
from food
or beverages, or as source of necessary nutrition used due to a medical condition and an
oral
electrolyte solution for infants and children formulated to prevent dehydration due to
illness; and
(5) Ground coffee, instant soluble coffee, and pre-packaged powdered coffee products.
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MINERAL PRODUCTS
Section 151
--------------------------------------
Definitions
--------------
Indigenous petroleum
‘Indigenous petroleum’ shall include locally-extracted mineral oil, hydrocarbon gas, bitumen,
crude asphalt, mineral gas and all other similar or naturally associated substances with the
exception of coal, peat, bituminous shale and/or stratified mineral deposits. Locally extracted
natural gas and liquefied natural gas shall not be subject to the excise tax imposed herein.
Gross output
‘Gross output’ shall be interpreted as the actual market value of minerals or mineral products or
of bullion from each mine or mineral land operated as a separate entity, without any deductions.
If the minerals or mineral products are sold or consigned abroad by the lessee or owner of the
mine under C.I.F. terms, the actual cost of ocean freight and insurance shall be deducted. In the
case of mineral concentrate, not traded in commodity exchanges in the Philippines or abroad,
such as copper concentrate, the actual market value shall be the world price quotations of the
refined mineral products content thereof prevailing in the said commodity exchanges, after
deducting the smelting, refining and other charges incurred in the process of converting the
mineral concentrates into refined metal traded in those commodity exchanges.
Minerals
‘Minerals’ shall mean all naturally occurring inorganic substances (found in nature) whether in
solid, liquid, gaseous or any intermediate state.
Mineral Products
‘Mineral products’ shall mean things produced and prepared in a marketable state by simple
treatment processes such as washing or drying, but without undergoing any chemical change or
process or manufacturing by the lessee, concessionaire or owner of mineral lands.
Quarry Resources
‘Quarry resources’ shall mean any common stone or other common mineral substances as the
Director of the Bureau of Mines and Geo-Sciences may declare to be quarry resources such as,
but not restricted to, marl, marble, granite, volcanic cinders, basalt, tuff and rock phosphate:
Provided, That they contain no metal or other valuable minerals in economically workable
quantities.
Excise Taxes
--------------------------------------------
Specific Tax
‘a. Domestic or imported coal and coke - Php150.00 / Metric
Ton
Ad valorem
‘a. Nonmetallic minerals and quarry resources.
If locally extracted based on the actual market
value of the gross output thereof at the time of
removal. If imported, the value used by the
Bureau of Customs in determining tariff and
customs duties, net of excise tax and VAT. - 4%
__________________
TOBACCO PRODUCTS
(NIRC Sections 140, 144-146
-----------------------------
Removal of Tobacco Products unfit for chewing or smoking without Prepayment of Tax
-------------------------------------------------------------------------------------------------------------------
Products of tobacco entirely unfit for chewing or smoking may be removed free of tax for
agricultural or industrial use, under such conditions as may be prescribed in the rules and
regulations prescribed by the Secretary of Finance. Stemmed leaf tobacco, fine-cut shorts, the
refuse of fine-cut chewing tobacco, scraps, cuttings, clippings, stems, or midribs, and sweepings
of tobacco may be sold in bulk as raw material by one manufacturer directly to another without
payment of the tax, under such conditions as may be prescribed in the rules and regulations
prescribed by the Secretary of Finance. (NIRC Section 140)
Effective 1/1/2014, the specific tax rate shall be increased by 4% every year
thereafter.
Removal of Tobacco and Tobacco products from place of manufacture for export
--------------------------------------------------------------------------------------------------------
There is a need to post an export bond equivalent to the amount of the excise tax due
thereon.
Heated tobacco products (HTPs) are tobacco products that require the use of an electronic
device to
heat a stick or pod of compressed tobacco. The stick (by definition, a cigarette) or tobacco
pod is
heated to a temperature high enough to produce an inhalable aerosol, but the temperature is
below
that which is required for full combustion.
HTPs are not e-cigarettes. HTPs produce nicotine-containing aerosol by heating tobacco,
whereas
e-cigarettes do not contain tobacco, but use a nicotine-containing liquid to produce aerosol.
Specific tax per pack of 20 units or packing combinations of not more than 20 units:
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2021 - Php27.50 2022 – Php30.00 2023 – Php32.50
2024 and thereafter - Increased by six percent (5%)
every year thereafter, effective January 1, 2024,
through revenue regulations to be issued by the
Secretary of Finance.
Role of FDA
----------------
The Food and Drug Administration (FDA) shall periodically determine and regulate,
consistent with
evolving medical and scientific studies, the manufacture, importation, sale, packaging,
advertising,
and distribution of heated tobacco products, including banning the sale to non-smokers or
persons
below twenty-one (21) years old.
These products use an “e-liquid” that may contain nicotine, as well as varying compositions
of
flavorings, propylene glycol, vegetable glycerin, and other ingredients. The liquid is heated
to create
an aerosol that the user inhales.
ENDS may be manufactured to look like conventional cigarettes, cigars, or pipes. Some
resemble
pens or USB flash drives. Larger devices, such as tank systems or mods, bear little or no
resemblance
to cigarettes.
Specific tax per millimeter or a fraction thereof
Nicotine Salt or Salt Nicotine
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Role of FDA
----------------
The Food and Drug Administration (FDA) shall periodically determine and regulate,
consistent with
evolving medical and scientific studies, the manufacture, importation, sale, packaging,
advertising,
and distribution of heated tobacco products, including banning the sale to non-smokers or
persons
below twenty-one (21) years old.
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CIGARS and CIGARETTES
Section 145
-----------------------------------
‘A. CIGARS
Definition
-------------
'Cigars' mean all rolls of tobacco or any substitute thereof, wrapped in leaf tobacco that are
consumed via combustion of the tobacco. (NIRC Section 147)
Ad valorem
---------------
An ad valorem tax equivalent to twenty percent (20%) of the net retail price (excluding the
excise tax and the value-added tax) per cigar
Cigarettes packed by hand’ shall refer to the manner of packaging of cigarette sticks using
an
individual person’s hands and not through any other means such as a mechanical device,
machine
or equipment.
'Cigarettes' mean all rolls of finely-cut leaf tobacco, or any substitute therefor, wrapped in
paper or
in any other material that are consumed via combustion of the tobacco.
Duly registered cigarettes packed by machine shall only be packed in twenties and other
packaging
combinations of not more than twenty (20).
In case of imported leaf tobacco and products thereof, the inspection fee shall be paid by the
importer before removal from customs' custody.
Cigars: Fifty centavos (₱0.50) for each thousand cigars or fraction thereof
Cigarettes: Ten centavos (₱0.10) for each thousand cigarettes or fraction thereof
Heated tobacco products: Ten centavos (₱0.10) for each thousand unit
Vapor products: One centavo (₱0.01) for each milliliter of liquid used in vapor products
Leaf tobacco: Two centavos (₱0.02) for each kilogram of leaf tobacco or fraction thereof
Scrap and other manufactured tobacco: Three centavos (₱0.03) for each kilogram or
fraction
thereof
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ALCOHOL PRODUCTS
(NIRC Sections 141-143)
-----------------------------
'Proof spirits' is liquor containing one-half (1/2) of its volume of alcohol of a specific gravity of
seven thousand nine hundred and thirty-nine thousandths (0.7939) at fifteen degrees centigrade
(15˚C). A 'proof liter' means a liter of proof spirits.
‘Net retail price’ shall mean the price at which the distilled spirit is sold on retail in at least five
(5) major supermarkets (supermarkets with highest gross sales) in the region. This is determined
by the Bureau of Internal Revenue (BIR) through a biannual price survey under oath.
Understatement of the suggested net retail price by as much as fifteen percent (15%) of the actual
net retail price shall render the manufacturer or importer liable for additional excise tax
equivalent to the tax due and difference between the understated suggested net retail price and
the actual net retail price.
Distilled spirits introduced in the domestic market after the effectivity of this Act shall be
initially taxed according to their suggested net retail prices.
For newly introduced Distilled spirits into the market, it shall be initially taxed according to their
‘Suggested net retail price’ which mean the net retail price (excluding the excise tax and the
value-added tax) at which locally manufactured or imported distilled spirits are intended by the
manufacturer or importer to be sold on retail in major supermarkets or retail outlets in the regions
nationwide. This will be validated by the BIR at the end of three (3) months from the product
launch against the net retail price and after the end of nine (9) months from such validation, the
Bureau of Internal Revenue shall revalidate the initially validated net retail price against the net
retail price as of the time of revalidation in order to finally determine the correct tax on a newly
introduced distilled spirits.
Manufacturers and importers of distilled spirits shall, within the first five (5) days of every third
month thereafter, submit to the Commissioner a sworn statement of the volume of sales and
removals for each particular brand of distilled spirits sold at his establishment for the three-
month period immediately preceding.
Example: If total volume of contents in 1 Box is 8.4 proof liters, the tax would be based on 8
proof liters.
If total volume of contents in 1 Box is 8.5 liters, the tax would be based on 9 proof
liters.
If total volume of contents in 1 Box is 1.4 liters, the tax would be based on 1 proof
liter.
If total volume of contents in 1 Box is 1.5 liters, the tax would be based on 2 proof
liters.
Package that is less than 1 Liter
Any package of spirits, the total content of which are less than a proof liter, shall be taxed as one
liter.
Example: If total volume of contents in 1 Box is 0.9 proof liter, the tax would be based on 1
proof liter.
If total volume of contents in 1 Box is 0.1 proof liter, the tax would be based on 1
proof liter.
Note: To be labeled a spirit, the bottle must contain a minimum percentage of 40% alcohol,
which is also the least expensive.
Ad valorem - 22% of net retail price (excluding excise tax and VAT) per proof
Specific tax per proof liter:
2021 - Php47.00 2022 – Php52.00 2023 – Php59.00 2024 – Php66.00
2025 and thereafter - Increased by six percent (6%)
every year thereafter, effective January 1, 2025,
through revenue regulations to be issued by the
Secretary of Finance.
How many liters of Ginebra San Miguel 80 proof contained in the box?
12 x 700 ml = 8,400 ml or 8,400/1,000= 8.4 liters of 80 proof*
*Alcohol proof = Alcohol content % x 2 x 100
= 40% x 2 x 100
= 80 Proof
Proof liter = 1Liter x 100 proof / 100
Net Retail Price excluding = Net Retail Price excluding Specific Tax
and VAT
Excise Tax and VAT
______________________________
122%
= Php 813.86/122%
= Php 667.10
Net Retail Price excluding Excise Tax and VAT per proof:
The 6.72 proof liters have already 100% proof (50% Alcohol Content x 2)
in each Liter.
Proof per Liter = 100% proof x 100
= 100 proof
Proof = 6.72 x 100 proof
= 672 Proof
Net Retail Price Excluding Excise Tax and VAT Tax Per Proof:
NetRetailPriceExcluding
ExciseTaxandVATPerProof=NetRetailPriceExcludingVATandExciseTax /Proofs
= Php 667.10/672 proofs
=Php 0.9927/proof
(E ) Ad valorem: Twenty-two percent (22%) of the net retail price (excluding the
excise tax and the value-added tax) per proof
Ad valorem per proof = 22% x Net Retail Price
(excl. ExciseTax andVATper
Proof)
=22% x Php0.9927/proof
=Php 0.218394/proof
Ad valorem tax of
Ginebra San Miguel
B x 12 x 700ml Ad valorem per
80 proof = proof x 672 proofs
= Php 0.218394 x 672
= Php146.76
SRP build-up summary:
SRP (A) Php 1,280.00
_____________
VAT (B ) = Php 137.14
Specific tax (C) = Php 329.00
Ad valorem tax ( E ) = Php 146.76
NetRetailPriceExcludingExciseTax and VAT (D ) = Php 667.10
Other conditions
-----------------------
Products that have distilled spirits as chief ingredient shall be taxed similarly as alcohol distilled
spirits: Medicinal preparations, flavoring extracts, and all other preparations, except toilet
preparations. (NIRC Section 141)
Exempt: Removal of wines and distilled Spirits for Treatment of Tobacco Leaf but such wines
and distilled spirits must first be suitably denatured (make alcohol unfit for drinking by adding
methyl alcohol or pyridene which are by products of petroleum) ( NIRC Section 133 )
i.e. For local denatured alcohol, 90% absolute alcohol but subject to 12% VAT. (REF. NIRC
Section 133)
SEC. 136. Denaturation, Withdrawal and Use of Denatured Alcohol. - Any person who
produces, withdraws, sells, transports or knowingly uses, or is in possession of denatured
alcohol, or articles containing denatured alcohol in violation of laws or regulations now or
hereafter in force pertaining thereto shall be required to pay the corresponding tax, in addition to
the penalties provided for under Title X of this Code.
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WINES
NIRC Section 142
---------------------------------
Specific Tax on Wines: 2021- Fifty three pesos (P53.00) per liter.
Manufacturers and importers of wines shall, within the first five (5) days of every month
thereafter, submit to the Commissioner a sworn statement of the volume of sales and removals
for each particular brand of wines sold at his establishment for the three-month period
immediately preceding.
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FERMENTED LIQUORS
NIRC Section 143
-------------------------------------
Fermented liquours
These include beer, lager beer, ale, porter and other fermented liquors regardless if manufactured
in factories or sold and brewed at micro-breweries or small establishments such as pubs and
restaurants. Excludes domestic fermented liquors like tuba, basi, tapuy and the like.
Every brewer, manufacturer or importer of fermented liquor shall, within the first five (5) days of
every month thereafter, submit to the Commissioner a sworn statement of the volume of sales
and removals for each particular brand of fermented liquor sold at his establishment for the
three-month period immediately preceding.