(NAR) VOL. 14 NOS. 1-2 / JANUARY - MARCH 2003

[ BIR MEMORANDUM ORDER NO. 6-2003, March 11, 2003 ]

PRESCRIBING THE GUIDELINES AND PROCEDURES IN THE ESTABLISHMENT OF CURRENT NET RETAIL PRICES OF NEW BRANDS OF CIGARETTES AND ALCOHOL PRODUCTS PURSUANT TO REVENUE REGULATIONS NO. 9-2003



I. Objectives 

This Order is issued to:

  1. Provide uniform guidelines and procedures for establishing the current net retail prices of new brands of cigarettes, fermented liquors, wines and distilled spirits.

  2. Delineate the duties and responsibilities of all concerned revenue officials and personnel who are responsible in the determination of the current net retail prices of the aforementioned excisable products.

  3. Prescribe uniform reporting requirements for the effective determination of such current net retail prices as well as the creation of updated database containing relevant information on such excisable products. 

II. Policies and guidelines 

  1. The conduct of survey covered by this Order, for purposes of determining the current retail prices of new brands of cigarettes and alcohol products introduced in the market on or after January 1, 1997, shall be undertaken in the following instances:
a. For validation of the suggested net retail price of brands registered and introduced in the market after the prescribed three-month period; and  

b. For reclassification of new brands of said excisable products that were introduced in the market after January 1, 1997.

The new brands of excisable products shall include locally manufactured and imported cigarettes, fermented liquors, wines and distilled spirits, except the following: 

a. Those brands falling under the highest tax classification/bracket; 

b. Those brands that are currently taxed based exclusively on the volume of removals without any consideration on the selling prices thereof (e.g. cigars, compounded liquors, etc.); 

c. Those brands that are locally registered and manufactured exclusively for export. However, in case these brands are sold locally and found in the supermarkets/retail outlets where the survey shall be conducted, the same shall, nevertheless, be included in the survey, subject to the issuance of an appropriate assessment and imposition of applicable penalties and sanctions;

  1. A master list of all registered brands for locally manufactured and imported cigarettes, fermented liquors, wines and distilled spirits (Annexes "A-1", "A-2", "A-3", and "A-4")[*] as prepared by the Large Taxpayers Assistance Division II (LTAD II), National Office shall be used as reference document for the conduct of the survey. A separate Survey Form (Annex "B") per establishment shall be accomplished by the members of the survey team. This Survey Form shall contain the business name, TIN and, address of the establishment, the different new brands of excisable products to be surveyed, the retail prices thereof, the date when the survey was conducted, the names and signatures of the members of the survey team, and the name and signature of the owner/manager or authorized representative, as well as the name and signature of the Assistant Commissioner, Large Taxpayers Service (ACIR, LTS)/Regional Director attesting to the accuracy of the information reflected in such form.
     
    In case where there are brands that are being sold in the establishment but are not included in the Survey Form as well as in the master list of registered brands, such brands shall be included among the products to be surveyed.
     
  2. The current net retail price of new brands of locally manufactured and imported cigarettes, fermented liquors, wines and distilled spirits shall be established by any or combination of the following survey methods:
a) Through actual price survey in major supermarkets/retail outlets to be conducted by the revenue officers of the Large Taxpayers Service and/or Regional Offices or any equivalent office of the Bureau of Internal Revenue having jurisdiction over excise taxpayers;  

b) Through submission of a price list duly authenticated by the store owner or operator of the supermarkets/retail outlets carrying such items/products; 

c) Through an information submitted by an informer and duly authenticated/validated by the store owner/operator of the supermarket/retail outlet that issued the source-document; 

d) Through direct purchase of such items from the supermarket/retail outlet for which a valid receipt/invoice is issued detailing the product description and the retail price thereof; and, 

e) Through duly authenticated photographs clearly showing the items and their corresponding selling prices being displayed on the shelves of the supermarket/retail outlet. The camera to be used for this purpose should have built-in day-date features to indicate the exact date and time when such pictures were taken. 

In case a survey covering these new brands of cigarettes and alcohol products has been conducted by any other government office, the results of the said survey may be used as reference in the determination of the current net retail prices of such new brands.

  1. The determination of the current retail prices of new brands of the aforesaid excisable products shall be initiated as follows:
a. In case of newly registered brand where the taxpayer has submitted the suggested retail price thereof, the Chief, Large Taxpayers Assistance Division II (LTAD II), in charge of the registration of new brands nationwide, shall submit a list of brands of cigarettes and said alcohol products to the Commissioner, thru the Assistant Commissioner, Large Taxpayers Service (ACIR, LTS), within five (5) days immediately after the lapse of the third month following the introduction of the new brand and/or variants thereof in the market for purposes of determining the current retail prices thereof and validating the accuracy of the suggested retail price submitted by the taxpayers.  

For Revenue Region Nos. 4, 5, 6, 7, 8 and 9, the ACIR, LTS shall be responsible for identifying the major supermarkets/retail outlets where the excisable products to be surveyed are being sold. However, for all other revenue regions, the ACIR, LTS may request assistance from any concerned Revenue Regional Director having jurisdiction over the establishments where the newly registered brands are being sold. 

b. After the lapse of the prescribed two-year period or as the Commissioner may otherwise direct, the appropriate tax reclassification of these brands based on the current net retail prices thereof shall be determined by a survey to be conducted upon a written directive by the Commissioner. 

For this purpose, a memorandum order to the Assistant Commissioner, Large Taxpayers Service, Heads, Excise Tax Areas, and Regional Directors of all Revenue Regions, except Revenue Region Nos. 4, 5, 6, 7, 8 and 9, shall be issued by the Commissioner for the submission of the list of major supermarkets/retail outlets where the above excisable products are being sold, as well as the list of selected revenue officers who shall be designated to conduct the said activity(ies).

  1. The implementation of selected activity(ies) in order to determine the current retail prices of new brands of the said excisable products shall be made through the issuance by the Commissioner of Mission Orders (Annex "C"[*]) and letters to the owners/operators of supermarkets (Annex "D"). For this purpose, the conduct of the selected activity(ies) shall be undertaken by the following:
5.1 Authorized revenue officers from the Large Taxpayers Service for Revenue Region Nos. 4 (Pampanga) up to 9 (San Pablo); and 

5.2 Authorized revenue officers representing both the Excise Tax Areas (EXTAs) and the concerned Revenue District Offices having jurisdiction over the physical location of the major supermarkets/retail outlets for all Revenue Regions outside Revenue Region Nos. 4 to 9.

  1. The results of the survey conducted in Revenue Region Nos. 4 to 9 shall be submitted directly to the Chief, LT Assistance Division II (LTAD II), National Office for consolidation. On the other hand, the results of the survey conducted in Revenue Regions other than Revenue Region Nos. 4 to 9, shall be submitted to the Office of the Regional Director for regional consolidation. The consolidated regional survey, together with the accomplished survey forms shall be transmitted to the Chief, LTAD II for national consolidation within three (3) days from date of actual receipt from the survey teams. The LTAD II shall be responsible for the evaluation and analysis of the submitted survey forms and the preparation of the recommendation for the updating/revision of the tax classification of each brand of cigarettes and alcohol products. The said recommendation, duly validated by the ACIR, LTS, shall be submitted to the Commissioner for final review within ten (10) days from the date of actual receipt of complete reports from all the surveying Offices.
     
  2. Upon final review by the Commissioner of the revised tax classification of the different new brands of cigarettes and alcohol products, the appropriate revenue regulations shall be prepared and submitted for approval by the Secretary of Finance.
     
  3. A brand registration database shall be maintained by the LTAD II and the same shall be periodically updated for all the information gathered affecting each and every registered brand of alcohol and tobacco products. The results of the survey undertaken pursuant to this Order shall always be incorporated in the said database.

III. Procedures 

Revenue Officer(s) of Surveying Office

  1. Serve the Mission Order (Annex "A") to the store manager or any authorized officer of the supermarket or retail outlet authorizing the concerned revenue officers to conduct the survey. The Mission Order shall be distributed as follows: 

    Original - to the surveyed establishment
    Duplicate - receiving copy of the surveying Office

The receiving copy of the Mission Order must bear the full name, signature and designation of the authorized representative of the establishment together with the date and time of receipt thereof.  
  1. Perform the following activities to determine the real current net retail prices of the different new brands of cigarettes and alcohol products:
2.1 By Actual Price Survey 

i. Refer to the list brands of such excisable products introduced in the preceding three-month period or to the master list of locally manufactured and imported brands of cigarettes and alcohol products, as the case maybe, to serve as guide in locating the items in the supermarket or retail outlet. 

ii. Fill up all applicable information required in the Survey Form. Indicate the corresponding retail price of the brands, as shown on the tag price or price label of the products under survey, on the column provided in the Survey Form. In case the product(s) listed under the said Survey Form is/are not being sold in such supermarket/retail outlet, mark "x" in the corresponding column for retail price. On the other hand, in case there are products that are being sold in such supermarket but are not listed under the said Survey Form, the complete brand description of such product, together with the retail prices thereof, shall be included in the Survey Form. In the event that the brand description on the displayed item differs with that listed in the Survey Form, make the necessary correction or indicate the complete brand description of the product in the Survey Form. 

iii. Request the manager or any authorized officer of the supermarket/retail outlet to validate the Survey Form by having him/her affix his/her signature after all of the products have been surveyed, 

2.2 By Submission Of A Price List 

a. Secure authenticated copy of the price list of all the different brands of cigarettes and alcohol products being sold in such supermarket/retail outlet. 

In case the store manager fails to present the desired authenticated copy of the price list on the date of service of the Mission Order, require the submission thereof not later two days after date of service of the said Mission Order. In the event that the store manager/authorized representative refused to cooperate in the submission of the said price list, submit a written report thereon to the ACIR, LTS/Regional Director, as the case maybe, within twenty four (24) hours, for their appropriate action. 

b. Compare the complete of the description of the brands of cigarettes and alcohol products appearing in the price list with that reflected in the Survey Form. In case of discrepancy, verify the full description of the brand in question from the item actually displayed in the establishment and indicate the correct and full description of such brand in the Survey Form. 

c. Require the store manager or authorized representative to validate the authenticity of the corrected description of such brand. 

d. Fill up all applicable information required in the Survey Form. Indicate the corresponding retail price of the brands, as shown on the tag price or price label of the products under survey, on the column provided in the Survey Form. In case the product(s) listed under the said Survey Form is/are not being sold in such supermarket/retail outlet, mark "x" in the corresponding column for retail price. On the other hand, in case there are products that are being sold in such supermarket but are not listed under the said Survey Form, the complete brand description of such product, together with the retail prices thereof, shall be included in the Survey Form. In the event that the brand description on the displayed item differs with that listed in the Survey Form, make the necessary correction or indicate the complete brand description of the product in the Survey Form. 

2.3 By Validation of Submitted Information by an Informer 

a. Request the store manager or any authorized officer of the supermarket or retail outlet to authenticate the document containing such information either by affixing his signature under the phrase "CERTIFIED TRUE AND CORRECT" stamped or printed on the face of the document or by issuing a certification to that effect. 

b. Submit a written report to the ACIR, LTS/Regional Director, as the case maybe, in case the store manager or any authorized officer of the supermarket or retail outlet refuses to authenticate the document within twenty-four hours (24) from the time of service of the Mission Order. 

2.4 By Direct Purchase Of Such Items From The Supermarket/Retail Outlet 

a. Secure the funds from the appropriate Office. 

b. Proceed to the designated supermarket or retail outlet and purchase the products to be surveyed based on the list of brands on hand. Secure a Sales Invoice or an Official Receipt which clearly indicates the complete brand description of the product(s) and the corresponding retail price(s) thereof. 

c. Fill up all applicable information required in the Survey Form. Indicate the corresponding retail price of the brands, as shown on the tag price or price label of the products under survey, on the column provided in the Survey Form. In case the product(s) listed under the said Survey Form is/are not being sold in such supermarket/retail outlet, mark "x" in the corresponding column for retail price. On the other hand, in case there are products that are being sold in such supermarket but are not listed under the said Survey Form, the complete brand description of such product, together with the retail prices thereof, shall be included in the Survey Form. In the event that the brand description on the displayed item differs with that listed in the Survey Form, make the necessary correction or indicate the complete brand description of the product in the Survey Form. 

d. Submit the Sales Invoices/Official Receipts and surrender the purchased items to the Assistant Commissioner/Regional Directors, as the case maybe. 

e. Submit a liquidation report on the purchased item(s) and return the cash balance. In case of cash purchases in excess of the funds provided, request for cash reimbursement for cash advances made. 

2.5 By Taking Photograph(s) Of The Products 

a. Furnish the store manager or any authorized officer of the supermarket or retail outlet with a copy of the list of brands that are to be photographed. However, in case there are items that are being sold in such supermarket or retail outlet which are not included in the list, the said manager or authorized officer shall be duly informed that the said items are also to be photographed. b. Take the pictures of the displayed products. However, make sure that the retail prices thereof are also clearly indicated on the rack and the same are included in the photograph. c. Request the said manager or authorized officer to validate the authenticity of the photographs, after the films are processed/developed, by affixing his/her signature at the back of the pictures/photographs. In case the store manager or duly authorized officer of the supermarket or retail outlet refuses to authenticate the photograph(s), submit a written report to the ACIR, LTS/Regional Director, as the case maybe, within twenty-four (24) hours from the time of his/her refusal. d. Fill up all applicable information required in the Survey Form. Indicate the corresponding retail price of the brands, as shown on the tag price or price label of the products under survey, on the column provided in the Survey Form. In case the product(s) listed under the said Survey Form is/are not being sold in such supermarket/retail outlet, mark "x" in the corresponding column for retail price. On the other hand, in case there are products that are being sold in such supermarket but are not listed under the said Survey Form, the complete brand description of such product, together with the retail prices thereof, shall be included in the Survey Form. In the event that the brand description on the displayed item differs with that listed in the Survey Form, make the necessary correction or indicate the complete brand description of the product in the Survey Form. 

3. Submit a memorandum report, together with the prescribed attachments and/evidences, to the ACIR, LTS/Regional Director detailing the results of the survey conducted within two (2) days after the completion of the physical survey. 

Office of the Regional Director

  1. Submit to the ACIR, LTS, a list of major supermarkets/retail outlets within the territorial jurisdiction of the revenue region where the survey will be conducted to be used as basis in the issuance of Mission Orders. Ensure that the minimum number of establishments to be surveyed as prescribed under existing revenue laws and regulations, is complied with. In addition, the names and designations of revenue officers selected to conduct the survey shall be clearly indicated opposite the names of the establishments to be surveyed.

  2. Receive all memorandum reports, together with the prescribed attachments and/evidences, from the survey teams.

  3. Issue the approved Mission Orders and fund allocation, as the case maybe, to the selected personnel who will conduct the survey within in its territorial jurisdiction.

  4. Conduct the survey in accordance to the procedures prescribed by this Order.

  5. Act immediately, using sound management discretion, on the reports submitted by members of the survey team regarding non-cooperation/refusal by establishments where the survey are being conducted.

  6. Verify the correctness of the information reflected in the accomplished Survey Forms.

  7. Affix signature on the Survey Forms to attest that the survey was actually conducted on such establishments and the accuracy of the information reflected in the Survey Forms.

  8. Consolidate the results of all the surveys conducted within the revenue region by preparing a Summary of the Retail Price Determination (Annex "E"[*])
     
    a. On the basis of the Survey Forms, fill up all the necessary information in the herein prescribed form; and

    b. Compute the average retail prices per brand of the surveyed products in the entire revenue region.
     
  9. Transmit to the Chief, LTAD II, the regional consolidated reports on the results of the survey within the period prescribed under this Order.
Large Taxpayers Assistance Division II 
  1. Perform the following preparatory procedures on the identification of brands to be surveyed, supermarkets/retail outlets where the survey shall be conducted, and the personnel selected to conduct the survey.
a. On validating the new brands introduced in the market after the three (3) month period

i. Submit a list of such new brands to the ACIR, LTS within five (5) days after the lapse of the third month following the introduction thereof in the market containing the complete description of each brand, suggested net retail price thereof and the corresponding tax rate. 

ii. Submit to the ACIR, LTS, a list containing at least twenty (20) major supermarkets/retail outlets within Metro Manila (for brands marketed nationally) and/or five (5) major supermarkets/retail outlets in the region (for brands marketed outside Metro Manila) where the survey will be conducted to be used as basis in the issuance of Mission Orders. Ensure that the minimum number of establishments to be surveyed as prescribed under existing revenue laws and regulations, is complied with. In addition, the names and designations of revenue officers selected to conduct the survey shall be clearly indicated opposite the names of the establishments to be surveyed.

b. On the tax reclassification of new brands

i. Submit a master list of registered brands covered by the survey pursuant to the provisions of Item II.2 of this Order containing the complete description of each brand, existing net retail price and the corresponding tax rate thereof. 

ii. Submit to the ACIR, LTS, a list of major supermarkets/retail outlets within the territorial jurisdiction of the concerned revenue regions where the survey will be conducted to be used as basis in the issuance of Mission Orders. Ensure that the minimum number of establishments to be surveyed, as prescribed under existing revenue laws and regulations, is complied with. In addition, the names and designations of revenue officers selected to conduct the survey shall be clearly indicated opposite the names of the establishments to be surveyed.

  1. Prepare and submit to the LTS, a budget proposal for the cost and expenses that are to be incurred in the conduct of the survey taking into consideration the suggested retail prices of the cigarettes and alcohol products to be purchased as well as the traveling expenses and other incidental expenses of the survey teams under the LTS and the concerned revenue regions.

  2. Prepare the Mission Orders for approval and signature by the Commissioner.

  3. Receive the approved Mission Orders from the Commissioner and the fund allocation from the Financial and Administrative Service, as the case maybe, for release to the selected personnel who shall conduct the survey.

  4. Release the approved Mission Orders and the fund allocation, as the case maybe, to the selected personnel who shall conduct the survey within its territorial jurisdiction.

  5. Conduct the survey at the designated supermarkets/retail outlets adopting any or combination of the different methods, in accordance with the above-prescribed procedures.

  6. Receive all memorandum reports, together with the prescribed attachments and/evidences, from the teams that conducted the survey in Revenue Region Nos. 4 to 9.

  7. Consolidate the reports of the survey teams on Revenue Region Nos. 4 to 9 by preparing the Summary of the Retail Price Determination
a. On the basis of the Survey Forms, fill up the columns provided for the supermarkets/outlets, brands and retail prices; and  

b. Compute the average retail prices per brand of the surveyed products in the entire revenue region.

  1. Receive regional consolidated reports from the respective regions, together with the prescribed attachments and evidences.

  2. Evaluate and summarize the consolidated reports of all revenue regions and prepare a national consolidated report. Prepare a Comparative Summary of the Suggested Net Retail Prices and Current Retail Prices of Brands (Annex "F"[*])
a. Compute the value-added tax by multiplying the current retail price of each brand (the average result of the above computation) by 1/11;  

b. Add the resulting value-added tax to the excise tax rate initially declared and paid by the manufacturer on the basis of the suggested/current net retail price of each brand; 

c. Deduct the sum of value-added tax and excise tax rate from the surveyed retail price to get the current net retail price of each brand; 

d. Determine the appropriate excise tax rate on the computed current net price for each surveyed brand; 

e. Compare the existing excise tax rate applied and paid by the taxpayer/importer per suggested/current net retail price against the newly determined excise tax rate of each brand. The higher excise tax rate shall be recommended as the new tax classification for each brand.

  1. Submit a memorandum report, together with the Comparative Summary of the Suggested Net Retail Prices and Current Retail Prices of Brands, for review and favorable indorsement by the Assistant Commissioner, Large Taxpayers Service, to the Commissioner and Secretary of Finance.

  2. Prepare notices to the concerned taxpayers, for approval by the Commissioner or the ACIR, LTS, as the case maybe, informing them of the survey results. This notice shall include the official current net retail prices of the surveyed brands, their corresponding revised tax rates/tax classification, and the date of effectivity thereof.

  3. Release the approved notices to the concerned taxpayers.

  4. Update the brand registration database being maintained for this purpose.
Finance Division (RR)/Finance and Administrative Service (NO)   
  1. Receive and review the budget proposal on the cost and expenses to be incurred in the conduct of the survey.
     
  2. Prepare the fund allocation on the said proposed budget.
     
  3. Release the fund to the appropriate Offices which shall conduct the survey.
Large Taxpayers Service 
  1. Act immediately, using sound management discretion, on the reports submitted by members of the survey team regarding non-cooperation/refusal by establishments where the survey are being conducted.
     
  2. Verify the correctness of the information reflected in the accomplished Survey Forms.
     
  3. Affix signature on the Survey Forms to attest that the survey was actually conducted on establishments falling under its jurisdiction and the accuracy of the information reflected in the Survey Forms.
     
  4. Review and evaluate the recommendation report of the Chief, LTADII on the consolidated results of all surveys conducted nationwide and perform the following.
a. Approve recommendation on the current net retail price of new brands that were registered and introduced in the market after the prescribed three-month period.  

b. Indorse the recommendation on the current net retail price and revised tax reclassification of new brands to the Office of the DCIR-Operations/CIR for review and approval.

  1. Review and indorse to the Office of the DCIR-Operations/Commissioner of Internal Revenue, for approval, the notices to concerned taxpayers on the results of the survey.
     
  2. Review and indorse to Office of the DCIR-Operations/CIR, for approval, proposed revenue regulations on the revised tax classifications of the surveyed new brands of cigarette and alcohol products.
Office of the Deputy Commissioner for Operation/Commissioner of Internal Revenue 
  1. Receive, review and approve Mission Orders designating the selected revenue officers who shall conduct the survey.
     
  2. Receive, review and approve notices to concerned taxpayers of the results of the survey.
     
  3. Receive and review proposed revenue regulations on the revised tax classifications of the surveyed new brands of cigarette and alcohol products.
     
  4. Indorse and transmit to the Department of Finance the proposed revenue regulations on the revised tax classifications of the surveyed new brands of cigarettes and alcohol products. 

IV. Repealing Clause 

All issuances and/or portions thereof inconsistent herewith are hereby repealed and amended accordingly.

V. Penalty Clause 

Strict compliance herewith is enjoined. Any violation of the provisions of this Order shall be subject to disciplinary action and shall be dealt with accordingly.

VI. Effectivity 

This Order takes effect immediately.

Adopted: 11 March 2003

(SGD.) GUILLERMO L. PARAYNO, JR.
  Commissioner of Internal Revenue  


[*] Text Available at Office of the National Administrative Register, U.P. Law Complex, Diliman Quezon City.


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