Article 52p. 52

NATIONAL INTERNAL REVENUE CODE TAXATION, TARIFF and CUSTOMS LAWS

in Sections 24(C), 27(D)(2), 28(A)(8)(c), and 28(B)(5)(c) of

this Code and from the regular individual or corporate

income tax. Tax paid under this Section shall not be

deductible for income tax purposes.

SEC. 128. Returns and Payment of Percentage Taxes. -

(A) Returns of Gross Sales, Receipts or Earnings and

Payment of Tax. -

(1) Persons Liable to Pay Percentage Taxes. - Every

person subject to the percentage taxes imposed

under this Title shall file a quarterly return of the

amount of his gross sales, receipts or earnings and

pay the tax due thereon within twenty-five (25) days

after the end of each taxable quarter: Provided, That

in the case of a person whose VAT registration is

cancelled

and

who

becomes

liable

to

the

tax

imposed in Section 116 of this Code, the tax shall

accrue from the date of cancellation and shall be

paid

in

accordance

with

the provisions of this

Section.

(2) Person Retiring from Business. - Any person

retiring from a business subject to percentage tax

shall notify the nearest internal revenue officer, file

his return and pay the tax due thereon within

twenty (20) days after closing his business.

(3) Determination of Correct Sales or Receipts. -

When it is found that a person has failed to issue

receipts or invoices, or when no return is filed, or

when there is reason to believe that the books of

accounts or other records do not correctly reflect the

declarations

made

or

to be made in a return

required to be filed under the provisions of this

Code, the Commissioner, after taking into account

the sales, receipts or other taxable base of other

persons engaged in similar businesses under similar

situations or circumstances, or after considering

other

relevant

information

may

prescribe

a

minimum amount of such gross receipts, sales and

taxable base and such amount so prescribed shall

be prima facie correct for purposes of determining

the internal revenue tax liabilities of such person.

(as amended by RA No 10963)

(B) Where to File. -

Except as the Commissioner

otherwise permits, every person liable to the percentage

tax under this Title may, at his option, file a separate

return

for

each

branch

or

place

of

business,

or

a

consolidated return for all branches or places of business

with the authorized agent bank, Revenue District Officer,

Collection Agent or duly authorized Treasurer of the city

or municipality where said business or principal place of

business is located, as the case may be.

TITLE VI EXCISE TAXES ON CERTAIN GOODS

AND SERVICES

(As Last Amended by RA Nos. 9224, 9334 & 9337, 10963)

[88]

CHAPTER I GENERAL PROVISIONS

SEC.129. Goods subject to Excise Taxes. - Excise taxes

apply

to

goods

manufactured

or

produced

in

the

Philippines for domestic sales or consumption or for any

other disposition and to things imported as well as

services performed in the Philippines. The excise tax

imposed herein shall be in addition to the value-added

tax imposed under Title IV.

For purposes of this Title, excise taxes herein imposed and

based on weight or volume capacity or any other physical

unit of measurement shall be referred to as 'specific tax'

and an excise tax herein imposed and based on selling

price or other specified value of the good or service

performed shall be referred to as 'ad valorem tax.'

(as amended by RA No 10963)

SEC. 130. Filing of Return and Payment of Excise Tax on

Domestic Products. -

(A) Persons Liable to File a Return, Filing of Return on

Removal and Payment of Tax. -

(1) Persons Liable to File a Return. - Every person

liable to pay excise tax imposed under this Title shall

file a separate return for each place of production

setting forth, among others the description and

quantity or volume of products to be removed, the

applicable tax base and the amount of tax due

thereon: Provided, however, That in the case of

indigenous

petroleum,

natural

gas

or

liquefied

natural gas, the excise tax shall be paid by the first

buyer, purchaser or transferee for local sale, barter or

transfer, while the excise tax on exported products

shall be paid by the owner, lessee, concessionaire or

operator of the mining claim.

Should domestic products be removed from the

place of production without the payment of the tax,

the owner or person having possession thereof shall

be liable for the tax due thereon.

(2) Time for Filing of Return and Payment of the

Tax. - Unless otherwise specifically allowed, the

return shall be filed and the excise tax paid by the

manufacturer

or

producer

before

removal

of

domestic

products

from

place

of

production:

Provided,

That

the

excise

tax

on

locally

manufactured petroleum products and indigenous

petroleum levied under Sections 148 and 151(A)(4),

respectively, of this Title shall be paid within ten (10)

days from the date of removal of such products for

the period from January 1, 1998 to June 30, 1998;

within five (5) days from the date of removal of such

products

for

the

period

from

July

1,

1998

to

December 31, 1998; and, before removal from the

place of production of such products from January 1,

1999

and

thereafter: Provided, further, That the

excise

tax

on

nonmetallic

mineral

or

mineral

products, or quarry resources shall be due and

payable upon removal of such products from the

locality where mined or extracted, but with respect

to the excise tax on locally produced or extracted

metallic mineral or mineral products, the person

liable shall file a return and pay the tax within fifteen

(15) days after the end of the calendar quarter when

such

products

were

removed

subject

to

such

conditions

as

may

be

prescribed by rules and

regulations to be promulgated by the Secretary of

Finance,

upon

recommendation

of

the

Commissioner. For this purpose, the taxpayer shall

file a bond in an amount which approximates the

amount of excise tax due on the removals for the

said quarter. The foregoing rules notwithstanding,

for imported mineral or mineral products, whether

metallic or nonmetallic, the excise tax due thereon

shall be paid before their removal from customs

custody.

(3) Place of Filing of Return and Payment of the

Tax.

-

Except

as

the

Commissioner

otherwise

permits, the return shall be filed with and the tax

paid to any authorized agent bank or Revenue

Collection

Officer,

or

duly

authorized

City

or

Municipal Treasurer in the Philippines.

(4) Exceptions. - The Secretary of Finance, upon

recommendation of the Commissioner may, by rules

and regulations, prescribe:

(a) The time for filing the return at intervals

other

than

the

time

prescribed

in

the

preceding paragraphs for a particular class or

classes of taxpayers after considering factors

such

as

volume

of

removals,

adequate

measures of security and such other relevant

information required to be submitted under

the pertinent provisions of this Code; and

© Compiled by RGL

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