Law Summary
Flexibility Clause in Taxes on Business (Amendment to Section 193(c))
- Grants the President, with the recommendation of the Secretary of Finance and NEDA, authority to: a. Revise percentage tax rates. b. Change classification of articles listed in Sections 194, 195, 196, 197, 198, 199, and 201. c. Revise taxable base levels in Sections 195 and 197.
- Conditions for exercising authority:
- Redirecting expenditure or consumption patterns for economic development.
- Changing classifications due to technological and social changes implementing new concepts of essentiality or manufacturing processes.
- Fluctuations in currency value and inflation or deflation making tax bases or price levels unrealistic.
- Counteracting adverse foreign actions.
- Limitations imposed:
- Percentage tax rates may be increased by up to 50% or decreased by up to 10%.
- Price levels may be adjusted up or down by up to 50%.
- Public hearing to be held and interested parties given reasonable opportunity to be heard before submission of recommendations.
Effectivity
- The decree becomes effective immediately upon approval on May 31, 1978.
Legal and Policy Objectives
- To enhance flexibility and responsiveness of the Philippine tax system to rapid economic, social, and political changes.
- Enables timely adjustment of tax measures to maintain economic stability and competitiveness.
- Introduces procedural safeguards such as public hearings to promote transparency and public participation in tax policymaking.
Key Legal Concepts
- Presidential power limited by specific percentage caps on tax rate modifications.
- Requirement of inter-agency collaboration between the President, Secretary of Finance, and NEDA.
- Explicit triggers for exercising flexibility aimed at economic welfare and response to external and internal economic changes.
- Balance between executive flexibility and procedural due process through public hearings.