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