Title
Amendment on taxation of minerals and mineral products
Law
Batas Pambansa Blg. 84
Decision Date
Sep 19, 1980
Amendments to the National Internal Revenue Code of 1977 Re: Taxation of Minerals and Mineral Products, specifically Batas Pambansa Blg. 84, address the exemption of certain articles from percentage taxes, the payment of annual occupation fees by mining claim holders, the payment of rentals and royalties on mineral lands under lease, and the time, manner, and place of payment of royalties on minerals and mineral products.
A

Annual Occupation Fee for Mining Claims

  • Locators or holders of mining claims must pay an annual occupation fee of ten pesos per hectare upon registration and yearly thereafter until a lease is granted.
  • The Mines Regional Recorder must submit lists of registered mining claims to the local revenue district officer.
  • Distribution of collected fees: 30% to the province and 70% to the municipality, or full amount to a chartered city.
  • Failure to pay fees within 30 days after demand opens claims to relocation unless delinquent fees plus 25% yearly surcharge are paid and occupation resumed.
  • No lease will be granted unless all occupation fees and surcharges have been fully paid.

Rentals and Royalties on Leased Mineral Lands

  • Rentals for mining privileges are:
    • Coal-bearing lands: 5 pesos/ha/year for first 10 years, then 10 pesos/ha/year thereafter.
    • Quarry resources: 50 pesos/ha/year during the lease.
    • Other mineral lands: 10 pesos/ha/year during the lease.
  • Rentals paid annually and revenues shared: 30% province, 70% municipality or full to chartered city.
  • Royalties imposed:
    • Coal: at least 0.20 pesos/ton at removal.
    • Non-metallic minerals and quarry resources: 3% of actual market value.
    • Metallic minerals: 5% of actual market value.
  • Local sales of minerals are subject to sales tax.

Royalty Taxes on Minerals from Unleased Lands

  • Royalty taxes as prescribed are collectible on minerals and products extracted from mineral lands not under lease.

Payment Procedures and Penalties for Royalties

  • Royalties due upon removal of minerals from mining locality.
  • Persons liable must file a return detailing quantity and market value in duplicate and pay royalties to local revenue or city/municipality treasurer.
  • Output may be removed without prepayment if a bond is filed, guaranteeing tax payment.
  • Quarterly returns and payments are required within 20 days after quarter end.
  • Late payments incur a 25% surcharge plus 20% annual interest.
  • False or fraudulent returns result in a 50% surcharge and 20% annual interest.

Definitions Relevant to Mineral Taxes

  • Gross output refers to the actual market value of minerals or products minus preparation costs, except costs for ocean freight and insurance under CIF sales.
  • Minerals include all naturally occurring inorganic substances regardless of physical state.
  • Mineral products are marketable items prepared by simple treatment without chemical changes.
  • Quarry resources include common stones and minerals declared by the Director, excluding those with economically valuable metals.

Repeal of Section 258

  • Section 258 of the National Internal Revenue Code is repealed.

Specific Penalties for Violations

  • Failure to file returns or pay royalties may result in fines up to 5,000 pesos and imprisonment up to three years.
  • Unlawful removal or aiding in removal of minerals without payment of royalties is similarly penalized.
  • Filing false or fraudulent returns carries fines up to 10,000 pesos and imprisonment up to five years.

Non-Creditable Mining Taxes

  • Mining taxes paid under Title VII are not creditable against sales tax or other tax liabilities.

Supersession of Other Fees

  • Taxes imposed under this law replace all other charges and fees on minerals and quarry resources under existing laws, which are thereby abolished.

Rulemaking Authority

  • The Minister of Finance, upon recommendation from the Commissioner of Internal Revenue and consultation with the Minister of Natural Resources, shall issue rules for enforcement.

Repeal and Amendment of Conflicting Laws

  • All laws, decrees, orders, or regulations inconsistent with this Act are repealed, amended, or modified, except those granting tax incentives.

Effectivity and Phased Tax Rates

  • The Act takes effect upon approval.
  • Royalty tax rates on non-metallic minerals, quarry resources, and metallic minerals start at 50% of prescribed rates until March 31, 1981, after which full rates apply.

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