[ REVENUE REGULATIONS NO. 2-2018, February 05, 2018 ]
PROVIDING FOR THE REVISED TAX RATES AND OTHER IMPLEMENTING GUIDELINES ON PETROLEUM PRODUCTS PURSUANT TO REPUBLIC ACT. NO. 10963, OTHERWISE KNOWN AS THE TAX REFORM FOR ACCELERATION AND INCLUSION (TRAIN) LAW
Date Filed: 05 February 2018
SECTION 1. SCOPE. - Pursuant to the provisions of Section 244 in relation to Section 245 of the National Internal Revenue Code (NIRC) of 1997, as amended, these Regulations are hereby promulgated to implement the provisions on Petroleum Products under Section 84 of Republic Act No. 10963, amending provisions of Section 148, Chapter V of Title VI Excise Tax on Petroleum Products, of the NIRC, as amended.
SEC. 2. REVISED EXCISE RATES AND BASES OF SPECIFIC TAX. - There shall be collected on refined and manufactured mineral oils and motor fuels, the following excise taxes which shall attach to the goods hereunder enumerated as soon as they are in existence as such:
PR O DUC TS |
EFF EC T I VI TY |
||
|
Janua ry 1, 2018 |
Janua ry 1, 2019 |
Januar y 1, 2020 |
(a ) Lubri cati ng oils and greases, i ncl udi ng but not li mit ed to base st ock f or l ube oils and greases, hi gh vacuum di still at es, aromatic ext racts and ot her si mil ar preparati ons, and additi ves f or l ubri cati ng oils and greases, whet her such additi ves are pet rol eum based or not, per lit er and kil ogram respecti vel y, of vol ume capacity or wei ght |
P8 . 00 |
P9 . 00 |
P10 . 00 |
(a . 1) Locally produced or i mported oils previ ously t axed but subsequently reprocessed, re-refined, recycl ed, per lit er and kil ogram of vol ume capacity or weight |
|||
(b ) Processed gas, per lit er of vol ume capacity. |
|||
(c ) W axes and pet rol eum per kil ogram. |
|||
(d ) Denat ured al cohol to be used f or moti ve power , per lit er of vol ume capacity |
|||
(e ) Asphalt s, per kil ogram. |
|||
( fl Napht ha, regul ar gasoli ne, pyroli sis gasoline and other si mil ar products of distillation, per lit er of vol ume capacity |
P7 . 00 |
P9 . 00 |
P10 . 00 |
(g ) Unl eaded premi um gasoli ne, per lit er of vo l ume capacity |
|||
(h ) Kerosene, per lit er of vol ume capacity |
P3 . 00 |
P4 . 00 |
P5 . 00 |
( i) Avi ati on t ur bo j et f uel, avi ati on gas, per lit er of vol ume capacity |
P4 . 00 |
P4 . 00 |
P4 . 00 |
( ) Kerosene, when used as avi ati on f uel, per lit er o f vol ume capacity |
(k ) Diesel fuel oil, and on similar f uel oils having more or less the same generati ng power, per
lit er of volume capacity
P2 . 50
P4 . 50
P6 . 00
( l) Liquefied pet rol eum ga s, used for moti ve power, per kil ogram
(m ) Bunker f uel oil, and on si mil ar oils havi ng more or l ess t he same generati ng power, per
lit er of vol ume capacity
(n ) Pet rol eum coke, per met ric t on
(o ) Li quefi ed pet rol eum gas. per kil ogram
P1 . 00
P2 . 00
P3 . 00
(p ) Napht ha and pyrol ysis gasoli ne, when used as a raw mat eri al in t he producti on of petrochemical products or in t he refi ni ng of petrol eum product s, or as repl acement f uel f or nat ural -gas-fi red-combi ned cycle power pl ant, in li eu of l ocall y-ext ract ed nat ural gas duri ng t he non-avail ability t hereof, per lit er of vol ume capacity
P0 . 00
P0 . 00
P0 . 00
(q ) Li quefi ed pet rol eum gas, when used as raw ma t eri al in t he producti on of pet ro chemi cal product s, per kil ogram
(r ) Petroleum coke, when used as feedstock to any power generating facility per metric ton
SEC. 3. EXCEPTION TO REVISED EXCISE TAX RATES. - The revised rates under Section 2 shall not apply under the following instances:
a) Lubricating oils and greases produced from basestocks and additives on which the excise tax has already been paid shall no longer be subject to excise tax.SEC. 4. CREDITABLE EXCISE TAX. - The excise tax paid on the purchased basestock (bunker) used in the manufacture of excisable articles and forming part thereof shall be credited against the excise tax due thereon. For purposes of these regulations, any excess of excise taxes paid on raw materials resulting from manufacturing, blending, processing, storage and handling losses shall not give rise to a tax refund or credit.
b) Unless otherwise provided by special laws, if the denatured alcohol is mixed with gasoline, the excise tax on which has already been paid, only the alcohol content shall be subject to the tax herein prescribed. The removal of denatured alcohol of not less than one hundred eighty degrees (180o) proof (ninety percent (90%) absolute alcohol) shall be deemed to have been removed for motive power, unless shown otherwise;
SEC. 5. SUSPENSION OF SCHEDULED INCREASE. - For the period covering
2018 to 2020, the scheduled increase in the excise tax on fuel as imposed in this section shall be suspended when the average Dubai crude oil based on Mean Of Platts Singapore (MOPS) for three (3) months prior to the scheduled increase of the month reaches or exceeds eighty dollars (USD 80) per barrel. A separate Revenue Regulation (RR) shall be issued for this purpose.
SEC. 6. MANDATORY MARKING OF ALL PETROLEUM PRODUCTS. - The use of an official fuel marking or similar technology on petroleum products that are refined, manufactured. or imported into the Philippines, and that are subject to the payment of taxes and duties, such as but not limited to unleaded premium gasoline, kerosene, and diesel fuel oil shall be required. It shall be implemented in accordance with rules and regulations to be issued by the Secretary of
Finance in consultation with the Commissioner of Internal Revenue and Commissioner of Customs and in coordination with the Secretary of Energy.
SEC. 7. MANUFACTURERS AND/ OR IMPORTERS TO PROVIDE THEMSELVES WITH COUNTING OR METERING DEVICES TO DETERMINE VOLUME OF PRODUCTION AND IMPORTATION. - Manufacturers of oil products subject to excise tax shall provide themselves with such necessary number of suitable counting or metering devices to determine as accurately as possible the volume, quantity or articles produced by them under the rules and regulations promulgated by the Secretary of Finance. Upon recommendation of the Commissioner of Internal Revenue: Provided, That the Department of Finance shall maintain a registry of all petroleum manufacturers and/ or importers and the articles being manufactured and/or imported by them: Provided, further, That the Department of Finance shall mandate the creation of a real-time inventory of petroleum articles being manufactured, imported or found in storage depots of such petroleum manufacturers and/ or importers: Provided, finally, That importers of finished petroleum products shall also provide themselves with Bureau-accredited metering devices to determine as accurately as possible the volume of petroleum products imported by them.
SEC. 8. TRANSITORY PROVISION. - For the effective implementation of the Act, the following guidelines shall be followed during the transitory period:
a) Submission of Stock Inventories. Concerned oil companies, owners, operators or lessees of storage depots shall submit duly notarized inventories of all petroleum products as of midnight of December 31, 2017 to Excise LT Field Operations Division (ELTFOD) in the case of taxpayers registered within Revenue Region (RR) Nos. 4 (San Fernando, Pampanga), 5 (Caloocan), 6 (Manila), 7 (Quezon City), 8 (Makati City) and 9 (San Pablo City) or to the concerned Excise Tax Area (EXTA) in the case of taxpayers registered outside of RR 4 to 9, on or before January 15, 2018, in the prescribed format in Annex A . Likewise, similar inventories shall be submitted as of midnight of December 31, 2018, December 31, 2019 and December 31, 2020. These sworn statements shall likewise be subjected to verification as required under existing regulations and issuances. In the case of failure to submit the required inventories by any of the aforesaid taxpayer, petroleum products found in their possession as of January 1, 2018, January 1, 2019 and January 1, 2020 shall be subjected to the new excise tax rates.b) Accounting for stocks or inventoy of goods after each date of effectivity of the new excise tax rates. These inventories of petroleum products taken prior to each date of effectivity shall be liquidated and accounted for on a First-In First-Out (FIFO) method of inventory.
c) Issuance of Withdrawal Certificates. All Withdrawal Certificates issued covering the removals of petroleum products subject to the old or previous tax rates products shall be prominently stamped with the phrase STOCKS ON HAND PRIOR TO APPLICABLE DATE OF EFFECTIVITY . The removals of finished goods where the accompanying Withdrawal Certificate/s do not bear such information shall be subject to the new excise tax rates imposed under these Regulations at the time of its actual removal, even if the same were taken from the old or previous inventory.SECTION 9. PENALTIES. - Violations of the provisions of these Regulations shall be subject to the corresponding penalties provided for under Title X of the NIRC of 1997, as amended, and applicable regulations.
SECTION 10. REPEALING CLAUSE. - All rules and regulations inconsistent with the provisions of these Regulations are hereby repealed or amended accordingly.
SECTION 11. EFFECTIVITY. - These Regulations shall take effect immediately following its complete publication in at least one (1) newspaper of general circulation.
Secretary of Finance
Recommending Approval:
(SGD) CAESAR R. DULAY
Commissioner of Internal Revenue