WHEREAS, there is a need to improve the provisions of
subsection (b) of Section 183 of the National Internal Revenue Code, as
amended.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers vested in me by the Constitution,
do hereby order and decree:
SECTION 1. Subsection (b) of Section 183 of the National
Internal Revenue Code is hereby amended to read as follows:
"(b) Sales tax on imported articles.—When the articles
are imported, the percentage taxes) established in sections one hundred
eighty-four, one hundred eighty-four-A, one hundred eighty-five, one
hundred eighty-five-A, one hundred eighty-five-B, one hundred eighty-six
and one hundred eighty-six-B or this Code shall be paid in advance by
the importer, in accordance with the regulations promulgated by the
Secretary of Finance and prior to the release of such articles from
customs' custody, based on the import invoice value thereof, certified
to as correct under penalties of perjury by the Philippine Consul at the
port of origin if there is any, including freight, postage, insurance,
commission, customs duty and all similar charges, plus one hundred per
centum of such total value in the case of articles enumerated in
Section one hundred eighty-four; one hundred eighty-four-A, fifty per
centum of such total value in the case of articles enumerated in
sections one hundred eighty-five, one hundred eighty-five-A and one
hundred eighty-five-B; and twenty-five per centum in the case of
articles enumerated in section one hundred eighty-six and one hundred
eighty-six-B. The tax imposed in this section shall not apply to
articles to be used by the importer himself in the manufacture or
preparation of articles subject to specific tax: provided, however,
That where the 'National Economic Development Authority certifies to
the availability of local raw materials of sufficient quantity,
comparable quality and price to meet the needs of manufacturers subject
to specific tax, importation of such raw materials by said manufacturers
for use in their manufacture shall be subject to the tax herein
imposed.
"The tax herein imposed shall be collected in all cases where
the original importer sold, transferred, or negotiated the imported
articles to third persons before release thereof from customs custody,
regardless of the tax status of the original importer and the indorsee
or transferee, the same to be paid by the transferee and/or indorsee.
"The provisions of this Act shall not be construed as nullifying
whatever interpretation the government has given to the word 'importer'
heretofore.
In the case of tax-free articles brought or imported into the
Philippines by persons, entities or agencies exempt from the tax which
subsequently sold, transferred, or exchanged in the Philippines to
non-exempt private persons or entities, the purchasers shall be
considered the importers thereof. The tax due on such articles shall
constitute a lien on the articles itself superior to all other charges
or liens, irrespective of the possessor thereof.
"Any percentage tax paid under Sections 184, 184-A, 185-A,
185-B, 186 and 186-B on domestically manufactured or on imported raw
materials used in the manufacture of finished products exported shall be
allowed to be credited against other liabilities of the
manufacturer-exporter: Provided, however, That said percentage
taxes paid are indicated as a separate item in the invoices."
SEC. 2. All taxes payable or paid under Section 183(b) of
the National Internal Revenue Code as amended by Presidential Decree No.
750 shall be recomputed and redetermined in accordance with the
provisions of this Decree.
SEC. 3. This Decree shall take
effect immediately.
Done in the City of Manila, this 19th day of March, in the
year of Our Lord, nineteen hundred and seventy-six.
(Sgd.)
FERDINAND E. MARCOS
President
Republic of the Philippines
By the President:
(Sgd.)
JACOBO C. CLAVE
Presidential Executive Assistant