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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