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EFFICIENT CONSUMER RESPONSE

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Home arrow Publications arrow Latest News arrow EVAT Position Letter

EVAT Position Letter Print E-mail
Written by ECR Philippines   
Nov 14, 2005 at 08:59 AM
"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 here




August 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 paymentsOld 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%


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,
__________________________________

________________________________
Dr. Elias E. Escueta

Ms. Polly Malacad
President

President
Philippine Chamber of Food Manufacturers Inc.
(PCFMI)

Cosmetic Toiletry Fragrance Association of the Philippines, Inc.
(CTFAP)


__________________________________

________________________________
Johnip G. Cua / Manuel Fong, Jr.

Alfonso C. Supetran
Co-Chairmen

President
Efficient Consumer Response Philippines (ECRP)

Soap & Detergent Association of the Philippines (SDAP)




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

Last Updated ( Nov 17, 2005 at 10:14 AM )
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