Title
Implementing Excise Tax Adjustment on Automobiles
Law
Revenue Regulations No. 5-2018
Decision Date
Jan 26, 2018
The Philippine Jurisprudence case involves the implementation of excise tax adjustment on automobiles, including revised tax rates based on selling prices, exemptions for purely electric vehicles, and revocation of inconsistent regulations, all in accordance with the provisions of the TRAIN Law.
A

Definition of Hybrid Electric Vehicle

  • Hybrid Electric Vehicle (HEV) defined as a motor vehicle powered by electric energy combined with gasoline, diesel, or other motive power.
  • For excise tax purposes, HEVs must be capable of propelling themselves from a stationary position solely with an electric motor.

Excise Tax Rates on Automobiles

  • Excise tax imposed on automobiles based on manufacturer’s/ importer’s selling price, net of excise and VAT.
  • Updated tax rate schedule effective January 1, 2018:
    • Up to PHP600,000: 4%
    • Over PHP600,000 up to PHP1,000,000: 10%
    • Over PHP1,000,000 up to PHP4,000,000: 20%
    • Over PHP4,000,000: 50%
  • Hybrid vehicles taxed at 50% of the applicable rates subject to conditions in Section 9(E).
  • Imported automobiles not for sale taxed based on total landed value including transaction value, customs duty, and other charges.

Tax-Exempt Removals and Special Provisions

  • Purely electric vehicles exempt from excise tax.
  • Hybrid vehicles subject to 50% of excise tax rates.
  • Prior to removal from manufacturing plant or customs, the Department of Energy (DOE) must verify and certify the classification of vehicles as hybrid or purely electric.
  • Certification furnished to the Commissioner of Internal Revenue.

Validation of Selling Price by BIR

  • Bureau of Internal Revenue (BIR) to validate manufacturer’s/importer’s selling price within three months after the new rates' imposition.
  • Initial classification in tax brackets to be based on this validation.
  • BIR to revalidate prices annually to determine correct tax bracket classification.

Transitory Provisions for Compliance

  • Manufacturers/assemblers/importers must file updated sworn statements for each brand/model as of the day before effectivity.
  • Sworn statements submitted to the Chief, Excise Large Taxpayers Regulatory Division (ELTRD) within seven working days.
  • Verification of sworn statements per existing rules.
  • Submission of notarized inventory lists of completely built-up (CBU), completely knocked-down (CKD), and semi-knocked down (SKD) units on hand.
  • Inventory list submitted to Chief, Excise LT Field Operations Division (ELTFOD) within seven working days.
  • Failure to submit inventory list construed as having no inventory on hand.

Repealing Clause

  • All inconsistent regulations, rulings, or orders or portions thereof are revoked, repealed, or amended accordingly.

Effectivity

  • Regulations effective January 1, 2018, upon complete publication in the Official Gazette or a newspaper of general circulation.

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