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EVAT Position Letter |
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Written by ECR Philippines
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Nov 14, 2005 at 08:59 AM |
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"We, members of the Philippine Chamber of Food Manufacturers, Inc., Cosmetic Toiletry Fragrance Association of the Philippines, Inc., Effective Consumer Response Philippines and the Soap and Detergent Association of the Philippines, Inc., have decided to collectively appeal to you for the immediate amendment of Republic Act No. 9337 (hereinafter referred to as “the E-VAT law”)."
- ECR Philippines
Download Article hereAugust 4, 2005 Hon. Margarito B. Teves Secretary Department of Finance 6th Flr., Executive Tower Bldg., BSP Complex, Manila 1004 Hon. Secretary Teves, We, members of the Philippine Chamber of Food Manufacturers, Inc., Cosmetic Toiletry Fragrance Association of the Philippines, Inc., Effective Consumer Response Philippines and the Soap and Detergent Association of the Philippines, Inc., have decided to collectively appeal to you for the immediate amendment of Republic Act No. 9337 (hereinafter referred to as “the E-VAT law”). We recognize that while the E-VAT law will raise the necessary revenues sufficient enough to immediately address the country’s fiscal crisis and the high cost of public sector borrowing, there is an impending damage that could be inflicted on businesses which, in the medium and long run, could not sustain the objectives for which this law was enacted. We likewise understand that through this law, the Philippines is expected to meet its maturing sovereign obligations and restore the confidence of its creditors and investors. However, our members believe that there are certain provisions in the law that, as mentioned, may not be a viable long term solution to our economic problems and in fact, may aggravate the situation we are in right now. These provisions include: (1) Section 110 (B) providing for input VAT limitation equivalent to 70% of output VAT (“70% cap”);
(2) Section 110 (A) (2) providing for amortization of input VAT on capital assets for 60 months if aggregate acquisition cost is more than P1 Million; and
(3) Section 27 (A) providing for the increase in the corporate income tax from 32% to 35%.
We believe that the above provisions are a deterrent, if not destructive, to businesses. Please allow us to elaborate further below.
1. 70% cap on input VAT deduction
1.1 Adverse impact specially on small and medium scale industries and those businesses with low profit margin and input/output VAT ratio of more than 70% The 70% cap on input VAT deduction will not only have an adverse effect on big businesses but could destroy small and medium scale enterprises which your administration have encouraged and tried to promote. This is so because, the limitation of the input tax to 70% will in effect, to the extent of input tax not claimed, eat up the working capital of businesses since it can no longer be used for operations but instead, it will remain as excess unutilized advance tax payments. Thus, it will cause undue financial burden to businesses considering that small and medium corporations are not heavily capitalized. To illustrate the negative impact of the 70% cap, let us look at the case of a distributor whose margin of profit is 5% of his sales: Assume the following sale of a bottle of shampoo: Manufacturer’s price P100 Value Added Tax 10 Total price inclusive of VAT P110 If Distributor sold the product at P105, the impact on cash flow is shown below: | Cash Flows on VAT payments | Old VAT Law | R.A. 9337 | | | No cap | 70% cap | | Output VAT | 10.50 | 10.50 | | Input VAT | ( 10.00) | (7.35) | | Amount to be paid to BIR | 0.50 | 3.15 | | Increase in payment under RA 9337 | | 2.65 | The Distributor’s financial statements (below) will show a net loss because the additional VAT paid under the E-VAT law will wipe out its profit and working capital: | Income Statement | Old VAT Law | R.A. 9337 | | | No Cap | 70% Cap | | Sales | 105.00 | 105.00 | | Cost of product sold | 100.00 | 100.00 | | Gross Margin | 5.00 | 5.00 | | Input tax expense (Note 1) | | (2.65) | | Gross Profit | 5.00 | 2.35 | | less: selling and admin expenses | 3.00 | 3.00 | | net profit/(loss) | 2.00 | (0.65) | Note 1: According to external auditors, the excess input VAT that we accumulate should be written off because we will not be able to apply the excess input VAT in the foreseeable future unless we claim a tax refund upon dissolution of the business or dramatically increase our margins. The foregoing illustrations clearly show that under the E-VAT law, the distributor will always incur losses if his margins are low. The above figures do not include yet the effect of the input taxes on consumable goods and services (for operating expenses) which definitely will also be deferred and added to the net loss. Moreover, the provision will even have a multiplier effect as goods and services move across the VAT chain. 1.2 The 70% limitation will unnecessarily increase prices exponentially which causes the overall demand for goods and services to go down resulting to lower revenues.
Considering the significant financial drain that businesses would incur due to the 70% cap, the only logical recourse for businesses (starting from the supplier down to manufacturers and the retailer of goods) would be to recover the unutilized input VAT by increasing their prices to maintain their financial viability. This input tax recovery has compounded effect where the total increase in price may be about 10 or 13% depending on the industry and the number of entities as businesses try to ensure the same profitability as before the EVAT law:
Levels
| Price Increase
| Input Level vs. Output vat
| Supplier
| 102.5%
| 95%
| Manufacturer
| 104.6%
| 90%
| Distributor
| 107.2%
| 95%
| Wholesaler
| 109.8%
| 95%
| Retailer
| 112.6%
| 95%
| Total Price Increase
| 12.6%
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To illustrate, a supplier with 95% input VAT level vs. output VAT will increase its price by 2.5% due to the 70% cap to achieve the same profit of P50 under the old law: | Supplier's Income Statement | Old VAT Law | R.A. 9337 | | | No cap | 70% cap | | Sales | 1000 | 1025 | | Cost of product Sold | 950 | 950 | | Gross Margin | 50 | 75 | | Input Tax expense w/ 70% cap (95-71.75) | | (23.25) | | Gross Profit | 50 | 51.75 | Note 1: The gross profit under R.A. 9337 is not exactly equal to that under old law because this assumes that the supplier will round off price increases to the nearest 50 basis points (at 2.5% mark-up). While increase in prices may be an option, such increase is not without limitation as it will affect the demand side. Once demand goes down, production slows down; thus, resulting in increase in unemployment. All these will adversely affect the productivity and consumption in the Philippines. Eventually, because of decrease in sales, tax revenue will likewise go down, hence, defeating the purpose of the law to increase revenue collection. Indeed, the immediate effect of the 70% cap is huge tax collection but this would only be short term because of lack of business growth and investments. The biggest impact will be on the small-scale and medium-sized industries which cannot afford to stay in business while paying the VAT. In the long term, the 70% cap will not promote investments in the Philippines, but it will result in the financial ruin of businesses, and will lead to a high inflation rate. 1.3 The 70% input VAT limitation is inequitable as it discriminates against industries with low profit margin and/or input/output VAT of more than 70% Admittedly, there are businesses e.g those in the service sector, whose input taxes may be minimal and thus, would not be affected by the 70% cap on input tax. But, there are also businesses e.g manufacturers, wholesalers, retailers, dealers of goods, heavily burdened with input taxes. For example, a dealer normally has a 3-5% mark up. Imposing a 70% VAT limitation will definitely kill that business unless it can increase its price to fully recover the unutilized input VAT. Again, while other businesses are benefited by these provisions, others are penalized. A very basic principle of taxation is that, it is should be equitable, just and fair. This provision imposing a 70% limitation to all types of industries violates this principle. 2. Amortization of input VAT on capital goods
Another critical provision under the E-VAT law is the amortization of the input VAT component of capital goods because it would add to the financial burden on businesses. 2.1 It penalizes capital-intensive industries and discourages direct investment (both foreign and local) Most capital goods (machineries, equipment, buildings) for manufacturing companies normally require a substantial amount with cost of more than one million pesos (P1,000,000.00) where funding for the purchase of these capital goods are generally acquired through loans with banks. Amortizing the input VAT on capital goods to sixty (60) months will result in: a) further deferral of the utilization of input taxes paid in advance to the government, b) further increase in carrying cost, c) creating financial instability and cash flow problems for businesses since they are, in effect, deprived of the use of much needed funds for their operation. These funds could enable them to employ more workers, increase production and sales and ultimately pay more taxes to the government.
Taken together, the implementation of 70% cap on input VAT deduction and amortization of input VAT on capital goods will indubitably result in decreasing tax collection as it discourages business expansion and growth.
Thus, we earnestly beg the Honorable Secretary to remove the limitation on input VAT deduction and the amortization of input VAT on capital goods and certify the bill as urgent to Congress. 3. Increase in income tax rate The increase in corporate income tax from 32% to 35% would be an additional tax burden to businesses which would diminish profit that can be used for expansion of the business. It would also likely reduce the competitiveness of Philippine companies as compared with other Asian countries such as Singapore, Australia, Thailand, Vietnam, Indonesia, New Zealand & Malaysia whose income tax rates are much lower than Philippines. In short, doing business in the Philippines has become more expensive. Thus, investments will likely shift to other Asian countries and result in loss of employment opportunities. The retention of 32% income tax rate should not materially affect the government’s finances as the increase in the VAT rate to 12% should raise sufficient funds for government coffers. Less Painful Alternative
A VAT rate of twelve percent (12%) without the 70% cap on input VAT deduction and the amortization of input VAT on capital goods is, in our view, a less painful alternative to the above-mentioned provisions of the E-VAT law. It is not only administratively simpler but is also consistent with the credit method of computing the net VAT payable to the government (a practice that is widely accepted in countries with VAT system in place). This will also give businesses, particularly the small and medium-sized enterprises, a much needed breathing space so that they may continue to provide employment and economic activities nationwide. We recognize this as the bitter pill that we need for our economy to stay afloat in this time of financial crisis.
Very truly yours,
__________________________________
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| ________________________________
| Dr. Elias E. Escueta
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| Ms. Polly Malacad
| President
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| President
| Philippine Chamber of Food Manufacturers Inc. (PCFMI)
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| Cosmetic Toiletry Fragrance Association of the Philippines, Inc. (CTFAP)
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| __________________________________
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| ________________________________
| Johnip G. Cua / Manuel Fong, Jr.
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| Alfonso C. Supetran
| Co-Chairmen
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| President
| Efficient Consumer Response Philippines (ECRP)
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| Soap & Detergent Association of the Philippines (SDAP)
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PHILIPPINE CHAMBER OF FOOD MANUFACTURERS, INC. Coca Cola
COSMETIC TOILETRY FRAGRANCE ASSOCIATION OF THE PHILIPPINES, INC. (CTFAP) LIST OF MEMBERS
ACS Manufacturing, Inc. Avon Philippines Colgate Palmolive Philippines, Inc. Givaudan H&E Henkel Johnson & Johnson (Phils.), Inc. Lynx-Nia L’Oreal Pfizer Procter & Gamble Distributing (Philippines), Inc. RDL Laboratory Unilever Philippines, Inc. International Flavors & Fragrances Inc.
EFFICIENT CONSUMER RESPONSE PHILIPPINES, INC. (ECRP) LIST OF MEMBERS MANUFACTURER Abbott Laboratories Alaska Milk Corporation Allied Domecq Philippines, Inc. Asset Marketing Corporation Bristol Myers Squibb Philippines Inc. (Mead Johnson) California Manufacturing Corporation Coco-Cola Bottlers Philippines, Inc. Colgate-Palmolive Philippines, Inc. Del Monte Philippines DIAGEO (Formerly IDPI) Dumex Philippines, Inc. Durastar Corporation Energizer Philippines, Inc. THE SOAP AND DETERGENT ASSOCIATION OF THE PHILIPPINES, INC. (SDAP) LIST OF MEMBERS
ACS Manufacturing Corporation Colgate Palmolive Philippines, Inc. Johnson & Johnson (Phils.), Inc. Magiclean Corporation Manufacturing Services & Trade Corporation Peerless Products Manufacturing Corp. Procter & Gamble Distributing (Phils.), Inc. Royal Industrial Development Corp. Unilever Philippines, Inc. Wellmade Manufacturing Corporation
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