Title
Guidelines for implementing RA 7171
Law
Nta Memorandum Circular No. 61-a Amending Memorandum Circular No. 61
Decision Date
Nov 28, 1993
The Guidelines for the Implementation of R.A. No. 7171 allocate 15% of excise taxes on locally manufactured Virginia type cigarettes to beneficiary provinces for cooperative, livelihood, agro-industrial, and infrastructure projects, with the Department of Budget and Management responsible for determining the qualified provinces and issuing funding checks directly to them.

Department of Budget and Management Responsibilities

  • Include 15% of excise taxes (based on BIR certified collections) on Virginia type cigarettes in the Internal Revenue Allotment for General Appropriations Act.
  • Determine qualified beneficiary provinces and local units based on average annual Virginia tobacco production (minimum 1 million kilos).
  • Compute and release funds to LGUs monthly via Advice of Allotment and funding checks, considering budget constraints.

Bureau of Internal Revenue Responsibilities

  • Collect and set aside 15% of excise tax collections on locally manufactured Virginia cigarettes for the second calendar year preceding distribution.
  • Submit certification of excise tax set aside to DBM by April 15 each year for budget preparation.

National Tobacco Administration Responsibilities

  • Implement documentation and reporting system for Virginia tobacco production and acceptances by trading centers.
  • Provide DBM and LGUs with certified reports of production and acceptances by province, district, city, and municipality by first quarter each year.

Local Government Units Responsibilities

  • Proportionately distribute funds among provincial, municipal, and city levels as prescribed.
  • Maintain separate accounting records for receipts and disbursements of funds.
  • Secure legislative council approval for projects financed by these funds.

Basis and Computation of Fund

  • Fund equivalent to 15% of excise tax computed based on actual BIR collections for the second calendar year before distribution (budget year).

Qualification of Beneficiary Provinces

  • Provinces must have an average annual Virginia tobacco production of at least 1 million kilos over the immediate past two years, starting 1991 onwards.

Financing, Remittance, and Sharing Scheme

  • Funds distributed pro-rata among beneficiary provinces based on adjusted tobacco acceptances for the immediate past year (2 years prior to budget year).
  • DBM releases funds quarterly to LGUs via Advice of Allotment and monthly funding checks.
  • Distribution of shares within provinces: 30% to provincial government, 40% to municipalities and cities (split equally and by production volume), 30% to municipalities and cities in congressional districts based on production volume.
  • At least 50% of all LGU shares must be allocated to barangay economic development projects.

Utilization of Funds by LGUs

  • Funds treated as special account under the LGU general fund for:
    • Cooperative projects improving product quality, productivity, market guarantee, and farmer income.
    • Livelihood and alternative farming system projects.
    • Agro-industrial projects involving farmer participation in management and ownership (processing, manufacturing).
    • Infrastructure projects including farm-to-market roads.

Effectivity

  • Circular took effect immediately upon adoption on November 28, 1993.

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