May 29, 2015
BusinessWorld by Mikhail Franz E. Flores | http://goo.gl/izbrTy
Sugaronline | http://goo.gl/Jzqa4F
DISPUTES concerning the tax treatment of sugar products have been settled, with the Bureau of Internal Revenue (BIR) adopting an exemption regime that the sugar industry finds acceptable.
In Revenue Regulation 8-2015, BIR now defines “raw cane sugar” as the output of simple mechanical processes such as pressing the cane to obtain juice, boiling until crystallization and then filtering through a centrifuge.
To qualify under the raw cane sugar category, eligible products must undergo only one stage of filtering and centrifugation without any further processes applied. The amended definition covers so-called “muscovado” sugar.
“Thus, only those falling under the above-definition of raw cane sugar, including muscovado, are exempt from VAT (value-added taxes), or from percentage tax, pursuant to... the Tax Code,” the issuance stated.
BIR also mandated the Sugar Regulatory Administration (SRA) to submit the results of its biweekly samples from mills which form part of the latter’s routine quality tests.
“For further verification that the products produced by mills conform to the definition contained herein, the SRA shall provide the BIR with a copy of the results of said test, showing the polarimeter and color reading of the raw cane sugar produced, within 15 days from the end of the calendar month,” BIR said.
“Sugar” refers to categories of products other than raw cane sugar and is covered by business taxes, BIR said.
Francisco D. Varua, President of the Philippine Sugar Miller’s Association, Inc. said the latest revenue issuance settles all previous confusion on the tax regime for sugar products.
“This one defines exactly what are the types of sugar that should be covered by VAT. In the previous definition, it was a little bit confusing. All the issues related to this have been addressed,” he said in a telephone interview.
Mr. Varua said the sugar industry, BIR and SRA were able to settle their differences after Interior Secretary Manuel A. Roxas II helped schedule a meeting with President Benigno S. C. Aquino III in which the stakeholders agreed to meet and resolve the issue.
BIR previously took the position that raw sugar which underwent centrifugation should be charged VAT.
“Centrifugal process of producing sugar is not in itself a simple process. Therefore, any type of sugar produced therefrom are not exempt from VAT such as raw sugar and refined sugar,” a previous BIR issuance said.
The new issuance takes effect once BIR publishes the rules in a newspaper. BIR will likewise issue a circular detailing the procedures and the required forms for its implementation.