Analysis
VAT Spurs Exportation at the Expense of
Domestic Needs
There is another reason
to oppose VAT. A close scrutiny of the VAT system shows that it allows
exporters to avail of tax credits. Meanwhile, those who produce for local
consumption end up shouldering the VAT whose rate will even increase to 12
percent if Congress would have its way.
BY DANILO ARAÑA ARAO
Bulatlat
With the Senate’s
approval of the 2005 national budget last March 1, the passage of the
increase in the value-added tax (VAT) to 12 percent cannot be far behind.
Among the
administration’s eight revenue-generating measures that are projected to
raise P80 billion ($1.46 billion, based on an exchange rate of P54.94 per
US dollar) in additional income, the increased VAT is said to be the
single biggest contributor with P35 billion ($637.1 million).
Legislators are
currently trying to explore various options to make the 12 percent VAT
acceptable to the public. From a uniform tax rate, they have proposed a
multi-tiered VAT system similar to Vietnam.
Instead of a 12
percent VAT, for example, the following products are proposed to be
subject to a 6 percent VAT: processed food items (canned mackerel and
sardines, milk, refined sugar, cooking oil, instant meals based on packed
noodles); and noodle products (miki, misua, sotanghon and pancit canton);
generic medicines; and sale of cooperatives’ products to members.
On the other hand,
the independent power producers, petroleum products, raw materials for
manufacture of petroleum products and the National Power Corporation (NAPOCOR)
will be subject to 4 percent VAT during the first year; 6 percent, second
year; 8 percent, third year; and 12 percent in the fourth year of the new
VAT law’s implementation.
Deputy Speaker Raul
del Mar (Cebu) and Rep. Teodoro Locsin (Makati
City) even introduced a “no
pass-on” provision that prohibits power-generating firms and petroleum
producers from passing on the VAT to consumers. How this will be done in
the wake of the deregulation of the power and oil industries, however, was
not explained. This led Bayan Muna Rep. Teodoro Casiño to conclude that
this provision is practically “toothless.”
Clearly, legislators
talked about the lifting of VAT exemptions and the possibility of a
multi-tiered VAT system. They were, however, conspicuously silent on one
aspect of the VAT – the zero-rated transactions.
Reviewing zero-rated transactions
According to Sec. 106
of the Republic Act No. 8424 or the Tax Reform Act of 1997, the following
goods are subject to zero percent VAT: (1) export sales; (2) foreign
currency denominated sale; and (3) “sales to persons or entities whose
exemption under special laws or international agreements to which the
Philippines is a signatory effectively subjects such sales to zero rate.”
With regard to
services, Sec. 108 of RA 8424 identifies the following transactions as
zero-rated:
-
“Processing, manufacturing or repacking
goods for other persons doing business outside the Philippines which
goods are subsequently exported, where the services are paid for in
acceptable foreign currency and accounted for in accordance with the
rules and regulations of the Bangko Sentral ng Pilipinas (BSP);
-
“Services other than those mentioned in
the preceding paragraph, the consideration for which is paid for in
acceptable foreign currency and accounted for in accordance with the
rules and regulations of the Bangko Sentral ng Pilipinas (BSP);
-
“Services rendered to persons or
entities whose exemption under special laws or international agreements
to which the Philippines is a signatory effectively subjects the supply
of such services to zero percent (0 percent) rate;
-
“Services rendered to vessels engaged
exclusively in international shipping; and
-
“Services performed by subcontractors
and/or contractors in processing, converting, of manufacturing goods for
an enterprise whose export sales exceed seventy percent (70 percent) of
total annual production.”
Under the current
set-up, those who are engaged in exports are subject to zero percent VAT.
This means that not only are the exporters’ products and services not
subject to VAT they can also avail of tax credits from the VAT they paid
for various VAT-covered transactions as they manufactured their goods and
rendered their services.
According to a study
by Bayan Muna, “various fiscal incentives laws enacted by Congress have
allowed firms mostly engaged in exports and those under investment
priority areas to avail of various VAT exemptions and zero-rated
privileges that amounted to P195.5 billion ($3.56 billion) in 2003 alone –
equivalent to the P194-billion ($3.53-billion) budget deficit in 2004.”
Clearly, exporters
continue to benefit from this zero-rated privilege under VAT.
VAT
inconsistent with industrialization
The situation of
zero-rated transactions under VAT sends a wrong message to local
entrepreneurs that instead of producing for domestic consumption, they
should focus instead on export goods and services. Not only will they be
exempted from paying VAT, they will end up earning from it through tax
credits.
It is ironic that the
Arroyo administration aims for industrialization as it perpetuates a VAT
system that, in effect, penalizes those who want to add value to products
that are meant for domestic consumption. Then again, one may argue that
the kind of industrialization the administration wants is not the kind
that strengthens domestic industries but rather one that, among others,
perpetuates foreign domination and fosters export orientation. Bulatlat
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