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Implementing Rules and Regulations IRR on the Sin Tax law REVENUE REGULATIONS NO. 17-2012 Part 6

Implementing Rules and Regulations IRR on the Sin Tax law REVENUE REGULATIONS NO. 17-2012 Part 6
SEC. 7. SUBMISSION OF SWORN STATEMENT. - Every local manufacturer or importer of alcohol and tobacco products shall a duly notarized manufacturer's or importer's sworn statement for alcohol or tobacco product showing, among others, the following information:
(a)   Name, address, TIN and assessment number of the manufacturer or importer;
(b)   Complete root name of the brand as well as the complete brand name with modifiers, if any;
(c)   Complete specifications of the brand detailing the specific measurements, weights, manner of packaging, etc.;
(d)  Name(s) of the region(s) where the brand is/are to be marketed;
(e)   Wholesale price per case, gross and net of VAT and excise tax;
(f)    Suggested retail price, gross and net of VAT and excise tax, per pack or per bottle, as the case may be;
(g)   Detailed production/importation costs and all other expenses incurred or to be incurred until the product is finally sold (e.g. materials, labor, overhead, selling and administrative expenses) per case;
(h) Applicable rate of excise tax per unit of measure or value, as the case may be; and
(i) Corresponding excise and value-added taxes per case.
The manufacturer's or importer's sworn statement shall be submitted as a supporting document to the prescribed application for the initial registration of alcohol or tobacco product and thereafter submit an updated sworn statement on or before the end of the months of June and December of the year:
 Provided, however, That whenever there is a change in the cost to manufacture, produce and sell the brand or change in the actual selling price of the brand, the updated sworn statement shall be submitted at least five (5) days before the actual removal of the product from the place of production or release from the customs' custody, as the case may be:
Provided, further, That if the manufacturer or importer sells or allows such goods to be sold at wholesale in another establishment of which he is the owner or the profits thereof of which he has an interest, the selling price in such establishment shall constitute the wholesale price. Should such price be less than the said costs and expenses, a proportionate margin of profit of not less than ten percent (10%) thereof shall be added to constitute the wholesale price. With respect to imported alcohol

or tobacco products, the cost of importation shall, in no case, be less than the value indicated in the reference books or any other reference materials used by the BOC in determining the proper valuation of the imported products, or the dutiable value as defined under the Tariff and Customs Code of the Philippines, as amended, whichever, is higher:

Provided, finally, That, in case the newly introduced alcohol or tobacco product shall be subsequently marketed in another region/other regions before the proper tax classification is finally determined by the BIR, an updated sworn statement shall be submitted to the appropriate BIR Office before the same shall be removed from the place of production.
The sworn statement prescribed herein shall be subject to verification by the BIR to validate its contents with respect to its accuracy and completeness. In the event that the contents thereof are found to be inaccurate and/or incomplete, the taxpayer shall be required to submit a revised sworn statement, without prejudice to the imposition of corresponding sanctions and penalties.

Implementing Rules and Regulations IRR on the Sin Tax law REVENUE REGULATIONS NO. 17-2012 Part 6

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