Law Summary
Key Definitions
- Alcohol Products: Distilled spirits, wines, fermented liquors as defined under the amended Tax Code.
- Duly Registered Brands: Existing or active brands registered before January 1, 1997.
- Fortified Wines: Natural wines with added distilled spirits to increase alcohol strength.
- Fermented Liquor: Includes beer, ale, porter, draft beer, etc.
- Gauge Liter (G.L.): Actual volume of liquor in liters.
- Medicinal Preparations: Preparations mainly containing distilled spirits, taxed accordingly.
- Net Retail Price: Price excluding excise and VAT at which alcohol products are sold retail.
- New Brands: Brands registered after January 1, 1997, or previously inactive.
- Proof Liter (P.L.): One liter of proof spirits, with proof spirits defined by alcohol content and specific gravity.
- Removal from Place of Production: Removal from distillery or brewery premises.
- Sparkling Wine and Still Wine: Defined by carbonation process and alcohol content.
- Spirits: Ethyl alcohol and mixtures thereof from any source including whisky, gin, rum.
- Variant of Brand: Brands with modifiers or similar logos to existing brands.
- Volume of Sales: Quantity removed from production or customs.
Excise Tax Rates and Bases
- Distilled Spirits:
- From nipa, coconut, etc.: P8.00 per proof liter; P4.00 per proof liter for small distillers using pot stills.
- From other raw materials: Tax based on net retail price tiers (P75, P150, P300 per proof liter).
- Medicinal preparations taxed proportionally based on strength.
- Wines:
- Sparkling wines taxed at P100 or P300 per liter depending on net retail price.
- Still wines taxed at P12 or P24 depending on alcohol content.
- Fortified wines taxed as distilled spirits.
- Fermented Liquor:
- Tax rates vary by net retail price per liter (P6.15, P9.15, P12.15).
- Micro-breweries taxed at P12.15 per liter.
- Rates increased by 12% from January 1, 2000.
Classification of Brands and Taxation
- Existing Brands:
- Tax based on average net retail price as of October 1, 1996.
- Includes specific examples of brands with package sizes, proof, retail price, and tax rates.
- New Brands:
- Tax based on current or suggested net retail price.
- Survey conducted after three months to confirm current retail price.
- Higher price between suggested or current used to determine tax.
- Variants of Existing Brands:
- Taxed under highest classification of any variant.
Computation of Excise Tax
- Detailed stepwise computation examples for:
- Distilled spirits from various sources.
- Wines (sparkling, still, fortified).
- Fermented liquors comparing ad valorem tax and specific tax.
- Adjustment for new brands based on market price surveys.
Micro-Brewery and Micro Brew Pub Requirements
- Definitions and distinction between micro-brewery and micro-brew pub.
- Required documents include written application, plat and plan, business permits, surety bond, etc.
- Requirement for non-resettable metering devices to monitor sales volumes.
- Calibration and daily monitoring of brewing/storage equipment.
Internal Revenue Labels
- Only distilled spirits and wines require official internal revenue labels.
- Two types: Regular Official Labels and Auxiliary Official Labels.
- Regular Labels: Contain specific data such as serial numbers, tax receipt number, proof percentage.
- Auxiliary Labels: Affixed to bottles or immediate containers, include serial number and tax paid indication.
Manner of Affixture of Official Labels
- Labels affixed according to regulations.
- Detachment or unauthorized possession of labels prohibited.
- Regular labels affixed to secondary containers; auxiliary to bottles.
- Labels must prevent tampering without visible damage.
- Smaller containers may require only regular labels.
Procurement and Delivery of Labels
- Local manufacturers must apply through Revenue District Office.
- Importers must file surety bond and import permit to obtain labels.
- Importers responsible for delivering auxiliary labels to suppliers/manufacturers abroad.
- Arrival of shipment monitored and supervised for label affixture and tax payment.
Administrative Requirements and Procedures
- Domestic production subject to existing requirements plus labeling for tax-and-duty-free sales.
- Exports require permits, bonds, and export-specific labeling.
- Importation requires registration, application with detailed info (supplier, volume, price, etc.), bonds, and compliance with labeling and tax payment.
Time, Manner, and Place of Payment
- Locally produced alcohol:
- Excise tax returns filed before removal, excise tax paid prior to removal or possession.
- Option for advance payment or deposit schemes.
- Returns and payments made to accredited banks or collection agents.
- Importation:
- Specific tax paid before approval of import permit.
- Returns filed with RDO of importer’s head office.
Sworn Statements
- Manufacturers and importers of new brands must file sworn statements including suggested retail prices.
- Brewers and importers of fermented liquors must submit monthly sworn statements of volume of sales.
Apprehension and Disposition of Untaxed Products
- Untaxed or smuggled alcohol subject to confiscation, forfeiture, and destruction.
Transitory Provisions
- BIR to conduct physical inventories of alcohol products and labels before January 1, 1997.
- Tax paid stock allowed first-out upon implementation.
- Reports and reconciliations required to address discrepancies.
Civil and Criminal Penalties
- Misdeclaration or misrepresentation may result in cancellation of business permits.
- Corporations liable to fines triple the amount of deficiency taxes.
- Criminal liability per tax code Section 253 for prohibited acts.
- Aiding and abetting punished equally.
- Non-citizen offenders subject to immediate deportation after serving sentence.
Repealing Clause
- All inconsistent regulations, rulings, or orders are revoked or modified accordingly.