Title
Excise tax rules on minerals and mineral products
Law
Bir (dof) Prevenue Regulation No. 13-94
Decision Date
Jul 30, 1994
Revenue Regulations impose excise taxes on various minerals and mineral products, detailing tax rates, definitions, and payment procedures for lessees, concessionaires, and operators involved in mining and processing activities.
A

Coverage of Minerals and Mineral Products

  • Broad categorization includes metals and non-metals
  • Metals subdivided into ferrous (e.g., iron ore, manganese) and non-ferrous (e.g., copper, aluminium, gold, uranium)
  • Non-metals include mineral fuels (petroleum, coal, natural gas) and other common minerals and quarry resources (e.g., sand, gravel, limestone, precious stones)

Definitions of Key Terms

  • "Minerals": Naturally occurring inorganic substances in any state
  • "Mineral products": Marketable substances produced by simple treatment without chemical changes
  • "Mineral lands": Lands with mineral deposits economically viable for extraction
  • "Mineral concentrates": Concentrated ores separated mechanically without chemical alteration
  • "Lessee": Includes leaseholders, operators, permittees
  • "Quarry resources": Common stones and mineral substances declared as such, excluding metals in profitable quantities
  • "Gross Output": Market value at removal without most deductions
  • "Indigenous petroleum": Locally extracted oil and gas excluding coal and bituminous deposits
  • "Integrated operations": Entities that both mine and manufacture products using minerals
  • Other terms include quarry cost, cost of goods sold, average selling price

Persons Liable for Excise Tax

  • All lessees, concessionaires, owners or operators of mines and mineral processors
  • Liability also extends to owners or possessors when minerals/products are removed without tax payment

Imposition and Payment of Excise Tax

  • Tax rates specified:
    • Coal and coke: P10 per metric ton
    • Non-metallic minerals/quarry resources: 2% of market value at removal
    • Metallic minerals (copper/others): graduated rates from 1% to 2% over 6 years
    • Gold and chromite: 2%
    • Indigenous petroleum: 15% of fair international market price on first taxable sale
  • Value determined mainly at removal without deduction except specific allowances (freight, insurance, refining deductions for concentrates)
  • Mineral concentrates have special valuation and invoicing rules, including provisional invoice and exporter bond requirements
  • Minerals used in integrated operations value calculated by formula based on quarry cost, average selling price, and cost of goods sold

Procedures Prior to and for Removal

  • Export shipments require permits from Revenue District Officer (RDO)
  • Export documentation includes details of kind, quantity, destination, vessel, and invoice
  • Excise tax payment generally due upon removal or customs release (imported goods)
  • Return filing (BIR Form No. 2223) and payment to accredited banks or collection officers mandated
  • Quarterly filing options with bond posting allowed

Tax Payment for Imported Minerals

  • Excise tax payable before customs release
  • Application for authority to release imported minerals and proof of tax payment required

Business Engagement Requirements

  • Pre-engagement application with Regional Director stating business details
  • Submission of location maps, Bureau of Mines approval, trade registration, income tax return, corporate documents, and manufacturer’s bond
  • Bond amount approximates 20% of average annual taxes, capped between P10,000–P500,000

Official Register Book (O.R.B.) Maintenance

  • Mandatory maintenance of O.R.B. to record all mineral extraction and removal transactions
  • Installation and certification by Revenue Officer
  • Monthly submission of transcripts to RDO
  • New O.R.B. must be secured when full, with balances carried forward
  • Preservation of books for periods mandated by Tax Code and submission upon demand

Sworn Statement and Inventory

  • Annual and semiannual sworn statements detailing quantities, market values, production costs, and expenses
  • Duplicate inventories to be submitted
  • Commissioner or authorized representatives conduct at least annual stocktaking with taxpayer representation
  • Discrepancies to be reconciled and reported

Assignment and Duties of Revenue Officers

  • Revenue Officers may be assigned on-site and at customs for supervision and verification
  • Mining entities to provide office space, equipment, and lodging as necessary

Penalties

  • Violations subject to penalties under Title X of the NIRC, as amended

Repealing Clause

  • All conflicting regulations, rulings, and orders are repealed or modified accordingly

Effectivity

  • Regulations become effective fifteen (15) days after publication in a newspaper of general circulation in the Philippines

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster, building context before diving into full texts. AI-powered analysis, always verify critical details.