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SC backs court inspection in competition cases

THE Supreme Court (SC) has upheld the authority of commercial courts to issue inspection orders on any companies suspected of violating Republic Act 10667, or the Philippine Competition Act (PCA).

In an en banc resolution, the high court said special commercial courts in Quezon City, the city of Manila, Makati City, Pasig City, Cebu City, Iloilo City, Davao City and Cagayan De Oro City can issue inspection orders.

The inspection order can be issued if the court finds reasonable grounds to suspect that the information sought is kept, found, stored, or accessible at the premises indicated in the application; the information relates to any matter relevant to the investigation; and the issuance of the order is necessary to prevent the removal, concealment, tampering with, or destruction of the books, records, or other documents to be inspected.

All applications for an inspection order are to be acted upon within 24 hours from filing.

The resolution also provides that the inspection order be served during business hours, or any time or any day as determined by the court for the reasons stated in the application.

According to SC, the PCA gives the Philippine Competition Commission (PCC) “the power, upon order of the court, to undertake inspections of business premises and other offices, land and vehicles, as used by the entity, where it reasonably suspects that relevant books, tax records, or other documents which relate to any matter relevant to the investigation are kept, in order to prevent the removal, concealment, tampering with, or destruction of the books, records or other documents.”

“However, the detection, investigation and prosecution of violations of the PCA and related laws require a rule of procedure for the application, issuance and implementation of inspection orders in competition cases,” the high court said in a statement.

The inspection rule takes effect on Nov. 16. — Vince Angelo C. Ferreras

Banana tariffs a sticking point in South Korea free trade deal

FREE TRADE Agreement (FTA) negotiations with South Korea are currently stalled because Seoul has not budged on key items sought by the Philippine side, particularly on opening up the market for bananas, Trade Secretary Ramon M. Lopez told reporters Thursday.

“Basically, the items that we want and the kind of liberalization needed — hindi pa namin nakikita (we’re not seeing it yet),” he said.

Mr. Lopez said that the Department of Trade and Industry’s (DTI) agenda is to improve banana exports to South Korea, and for an accelerated reduction of tariffs. To be decided are the timetable and size of tariff reduction.

“We thought we could get (the tariff reduction) earlier or it would somehow be given earlier,” he said. “Bottom line: we’re not yet happy.”

The DTI is hoping to expand the Philippines’ banana, pineapple, and mango exports, on which South Korea imposes tariffs of up to 30%.

The DTI said in June that South Korea is seeking lower tariffs on its auto and parts products, but DTI Assistant Secretary for Industry Development and Trade Policy Allan B. Gepty said then that Philippine industries must also be protected.

Mr. Lopez said that DTI was confident at the beginning of negotiations as the two countries are only considering a small set of products.

“But apparently, it’s not easy,” he said.

DTI targets to finalize negotiations by November, in time for the South Korea-ASEAN Commemorative Summit. But Mr. Lopez said that a failure to complete an agreement by this deadline will not mean that the FTA will be cancelled. — Jenina P. Ibañez

GOCC subsidies surge in August

SUBSIDIES extended to government-owned and -controlled corporations (GOCCs) rose sharply in August led by the Philippine Health Insurance Corp. (PhilHealth).

The Bureau of the Treasury (BTr) reported that subsidies provided to GOCCs amounted to P31.808 billion in August, well above the P5.037 billion issued a year earlier.

PhilHealth received 87.07% of the total, or P27.695 billion, in August, well above the P2 billion granted a year earlier.

The Philippine Crop Insurance Corp. received P1.952 billion, or 6.13% of the total, and the National Electrification Administration received P571 million in August.

In the eight months to August, subsidies totaled P96.794 billion.

Other GOCCs that received subsidies were the National Irrigation Administration (P456 million), Development Academy of the Philippines (P251 million) and Philippine National Railways (P200 million).

The government also granted subsidies to National Food Authority and Philippine Heart Center during the month worth P133 million and P106 million, respectively.

Meanwhile, 12 GOCCs did not receive any state assistance during the month. These were the National Home Mortgage Finance Corp., Land Bank of the Philippines, National Housing Authority, National Power Corp., Bases Conversion Development Authority, Credit Information Corp., Philippine Center for Economic Development, Philippine Fisheries Development Authority, Small Business Corp., Social Housing Finance Corp., Sugar Regulatory Administration and Tourism Infrastructure and Enterprise Zone Authority.

The national government budgeted P187.1 billion worth of subsidies for GOCCs this year. — Beatrice M. Laforga

CDA encouraging co-ops to go into business despite BIR scrutiny

THE Cooperative Development Authority (CDA) said it is encouraging cooperatives to own businesses as a form of livelihood, and defended the sector’s business activities from tax authorities, who suspect that co-ops might be misusing their special tax privileges.

CDA Chairman Orlando R. Ravanera told BusinessWorld that the regulator is encouraging business activity in areas like fuel service stations, pharmacies, coco-sugar production, dairy production, and other micro, small and medium enterprises.

He noted that businesses owned by cooperatives have come in for extra scrutiny from the Bureau of Internal Revenue (BIR) on suspicion that such businesses exploit tax privileges granted to co-ops.

“We are now encouraging them to go to filling stations (and) pharmacies, so (communities) can have a pharmacy… and dairy businesses,” Mr. Ravanera said in an interview on Friday.

This is in response to BIR’s heightened audit on cooperatives abusing tax-exemption after learning that some cooperatives own “several gasoline filling stations.”

He said of the 28,000 registered cooperatives, only 18,000 are active and operating with 10.5 million members. Some 11,138 are qualified to enjoy tax exemptions since they are compliant with requirements.

Of the “qualified” cooperatives, he said BIR issued certificates of exemption (CTE) to 6,623 cooperatives.

However, Mr. Ravanera said there are groups registered as cooperatives to enjoy tax exemptions, which the regulator cancels immediately if it finds irregularities.

“We don’t allow that, we actually have cancelled (some registrations) — every year at least 5,000 are (found to be) not really cooperatives. Pag sila nakita naming hindi sila dapat maging cooperative and use the status as a tax shield, we don’t hesitate to cancel their registration, marami na kaming pina-cancel (when we learn that they are posing as cooperatives to evade tax, we don’t hesitate to cancel their registration. We already cancelled a lot),” he said.

He said the CDA dissolved 8,714 registered cooperatives in 2018, 7,756 in 2017, 5,667 in 2016 5,645 in 2015.

Mr. Ravanera said the agency supports the BIR’s bid to “cleanse” the co-ops list and conducts audits itself.

He said under the rules a co-op’s net surplus — equivalent to net profit — must go to a reserve fund to maintain operations (10%), to an education and training fund (10%) and to a community development fund (3%) for medical services, feeding program and scholarships.

Yung mga compliant, (Those that comply,) we inspect them and they are actually allocating that much. The rest, binabalik ‘yan sa miyembro (they are returned to members) in dividends,” he said.

He said that currently, cooperatives enjoy exemption from income tax, value-added tax, percentage tax and documentary tax, among others.

The sector is governed by Republic Act (RA) 9520 or the Philippine Cooperative Code of 2008.

Mr. Ravanera noted that most members are farmers, fisher folk and indigenous people hoping to “lift themselves out of poverty.”

“The cooperative is the equalizing force to put those on the margins into the mainstream of the development process. We have about 26 types of cooperatives (for) farmers, fisher folk, the indigenous people… to empower them in to harness their power via cooperativism,” he said.

Last week, BIR Deputy Commissioner Arnel SD. Guballa reported that the agency collected P2.84 billion in taxes from co-ops last year, down 5.4%.

The BIR said it has sent audit notices to 474 cooperatives, so far, resulting in tax assessments amounting to P1.62 billion. The bureau has so far collected P250.35 million of that amount.

Mr. Ravanera said that according to the US Agency for International Development (USAID), “where there are cooperatives, the economic life of the people is better.” The Philippines is a leader in using cooperatives within Asia and the Pacific, he said.

“Cooperativism is the countervailing force against poverty, against violent extremism, terrorism against ecological turbulence due to climate change,” Mr. Ravanera said. — Beatrice M. Laforga

Party-list legislator proposes asbestos ban in construction

A PARTY-LIST legislator representing organized labor has filed a bill seeking to ban the use of asbestos in most construction applications.

TUCP Partylist Rep. Raymond C. Mendoza filed House Bill No. 2636, which if passed will become the Ban Asbestos Act of 2019, in a bid to protect from asbestos exposure shipbuilders, construction workers, plumbers, electricians and auto workers, among others.

The bill will authorize the Department of Health and members of an inter-agency council to propose regulations prohibiting asbestos imports, manufacturing, processing, use, or distribution for commercial purposes.

The Health department may grant exemptions to the Department of National Defense; if there are no reasonable alternatives to any asbestos-containing product; if the use of such a product will do no environmental or health damage; and the use of such products otherwise complies with other regulations.

The measure would also allow anyone to file charges for any damage or harm due to violation of the proposed law.

The bill proposes to penalize violators with a fine of between P100,000 and P1 million and/or imprisonment of three months to three years.

The current rules in force are outlined in the Department of Environment and Natural Resources’ Administrative Order 2000-02 dated Jan. 6, 2000, limiting the use of asbestos. — Vince Angelo C. Ferreras

Bill hopes to tap road tax to fund mass transit

A MEASURE creating a special mass transit system support fund, which will be financed by the road users’ tax, has been filed in the Senate.

Senate Bill No. 1049, filed by Senate President Pro Tempore Ralph G. Recto, proposes to amend Republic Act 8794, or the Motor Vehicle User’s Charge (MVUC) Act, by earmarking proceeds to develop a mass transit system.

“The cost of traffic in Metro Manila, quantified by wasted time, fuel, and lost human productivity, was estimated at P3.5 billion a day in 2017,” Mr. Recto said in the explanatory note, citing a study by the Japan International Cooperation Agency.

He added that this is projected to increase to P5.4 billion daily by 2035.

“According to reports, Metro Manila may soon be ‘uninhabitable’ if roads and other infrastructure are not upgraded immediately as the volume of vehicles sold is expected to surge to 500,000 by 2020,” he also said.

If passed, the measure will create a special support fund administered by the Department of Transportation (DoTr).

The fund will support the construction, improvement and rehabilitation of mass transit systems, and can be used for acquiring right-of-way.

At present, the MVUC is earmarked for road maintenance, improving road drainage, the installation of traffic lights and road safety devices as well as air pollution control.

Mr. Recto said based on 2019 Budget of Expenditures and Sources of Financing, the MVUC balance, as of 2017, was at P28.13 billion. Revenue in 2019 is expected to amount to P13.93 billion.

The MVUC law provides that 80% of the fund be allotted to the Special Road Support for the maintenance and improvement of drainage of primary and secondary national roads; while 7.5% is to fund the Special Vehicle Pollution Control program, with 5% going to the Special Local Road Fund. — Charmaine A. Tadalan

Indonesia ramps up Pacific diplomacy with aid fund

JAKARTA — Indonesia launched an international aid agency on Friday to strengthen its regional diplomatic relations, some of which have been strained by Jakarta’s approach to the restive Papua region.

Several Pacific nations have backed calls for investigations into allegations of violence by security forces in Indonesia’s easternmost region, although only Vanuatu has openly voiced support for independence of former Dutch colony Papua.

Jakarta, which has defended the actions of security forces in Papua, said on Friday that the new agency, with an initial budget of about 3 trillion rupiah ($212 million), can provide development aid or disaster relief to smaller countries.

“The main objective is to increase our diplomacy effort to help partnership with other developing countries to tackle issues like refugees or conflicts,” Vice-President Jusuf Kalla told a news conference after the launch.

Foreign Minister Retno Marsudi told a news conference that Indonesia’s new Agency for International Development was a way for the G20 economy to help other countries achieve sustainable development goals.

The government made no link to Papua-related diplomacy during the fund’s launch and a foreign ministry spokesman declined to comment on any connection when asked by Reuters.

Yose Rizal Damuri, the head of the economics department at the Jakarta-based Center for Strategic and International Studies, said the fund should strengthen Indonesia’s diplomacy beyond its usual allies and expand export markets. “Including on Papua, for anything related to small countries, one of the most effective instruments is to provide aid.” — Reuters

IMF to examine climate risk to financial markets

WASHINGTON — The International Monetary Fund (IMF) is examining the impact of climate on the world’s financial markets and whether it is priced into market valuations, the head of the global lender’s markets division said on Saturday.

“We are doing work on the pricing of climate risks and to what extent it is priced into stock and bond markets,” Tobias Adrian, financial counselor and director of the IMF’s monetary and capital markets department, told Reuters. “We are going to look at stock markets country by country, then by sector.”

The financial cost of climate change was the subject of many discussions at the IMF during its fall meetings this week.

“People are more and more aware of this — there’s a certain urge around climate that is new,” Adrian said. “It’s very hopeful that people focus on it, but the reason they focus is that they’re worried. The fact that this really has become a big topic at the IMF speaks for itself.”

Adrian said that to some economies, climate poses a short-term risk, such as in the Bahamas, which was slammed by Hurricane Dorian in September. However, to most economies, the risks are long term.

Some investors have become concerned that climate risk is underpriced in residential mortgage-backed securities, or RMBS, which are pools of home loans sold to investors, with exposure to climate hot spots like Texas and Florida. — Reuters

China central bank’s Yi says yuan level ‘appropriate’

WASHINGTON — China’s top central banker said Saturday that potential escalation of trade tensions and policy uncertainty were the major risk factors facing the world economy, and market forces were keeping China’s yuan at an appropriate level.

Yi Gang, the governor of the People’s Bank of China, said in a statement to the International Monetary Fund’s (IMF) steering committee that Beijing is “deeply disappointed” in the IMF’s failure to realign its shareholding structure to recognize the rising influence of China and other fast-growing economies.

Yi pushed back against the US Treasury’s Aug. 5 designation of China as a currency manipulator after China’s yuan fell below the psychologically important level of 7 to the dollar.

His statement said that the depreciation in the yuan since the beginning of August has been driven by market forces, including volatility prompted by escalating trade tensions. Yi added that there was “growing market acceptance for two-way exchange rate fluctuations” in the yuan, also known as the renminbi or RMB.

“Judging both from economic fundamentals and from market supply and demand, the RMB exchange rate is at an appropriate level,” Yi said.

In a dig at the Trump administration’s “America First” trade stance, Yi said: “the wave of populism and protectionism in some countries has undermined mutual trust, reducing their willingness to cooperate on a multilateral basis.”

Yi’s statement did not mention the “Phase 1” trade deal that US President Donald Trump announced on Oct. 11, but warned of the problems that trade tensions have caused for the global economy.

“Signs of disruptions have emerged in global trade and in global industry chains, supply chains, and value chains,” he said. “Trade tensions have dampened market confidence, which may amplify financial market volatility and drag down economic growth.”

On IMF quotas, Yi said that IMF members needed to honor previous commitments to adjust the IMF’s shareholding to reflect the growing power of dynamic emerging market economies and said that China supported an adequately resourced IMF based on quota resources, not temporary lending arrangements.

The IMF on Friday announced that members had agreed to keep IMF lending resources at $1 trillion, through extension and a doubling of its crisis lending fund and a corresponding reduction in bilateral borrowing arrangements. But in a move that preserves US veto power over major Fund decisions for four more years, IMF members delayed the next quota review until December 2023. “The failure to adjust quota shares undermines the representation, governance, and legitimacy of the IMF,” Yi said. “China will, along with the other parties, continue to push for reforms of the IMF’s quotas that will strengthen the voice and representation of emerging market economies.” — Reuters

Is there a sweet spot in the new tax laws?

(First of two parts)

When Republic Act No. 10963 or the Tax Reform for Acceleration and Inclusion (TRAIN) Law took effect on Jan. 1, 2018, it introduced Section 150–B of the Tax Code, which imposes excise tax on manufacturers and importers of Sweetened Beverages (SBs). This article specifically covers importers of SBs.

In drafting the law, the framers intended the imposition of excise tax to serve as a preventive health measure to address the alarming rates of diabetes and obesity in the Philippines. According to the World Health Organization, SBs are more strongly associated with high-energy intake and weight gain than any other form of processed food. In the Philippines, both the proportion of the population that consumes SBs and per capita consumption increase with age.

Imposing the tax increases the cost of production of SBs which, in turn, is expected to increase prices and reduce consumption. At the same time, it is believed to encourage consumers to look for healthier alternatives in the market. The new excise tax on SBs also serves as a good source of additional revenue for the government.

While there is still no study on the effect of the new excise tax on SBs on the overall health of the population given that it is fairly new, it nevertheless allows the government to increase its tax collection. According to the Department of Finance, for the first 10 months of its implementation, the total excise tax collection on SBs is around P30 billion.

Given its far-reaching implications, we will now look into some details that businesses will need to consider with regard to taxes, costs and compliance requirements.

EXCISE TAXES AND OTHER COSTS
Given, as mentioned, the government’s intent to generate additional revenue, beverage producers and retailers should note that, except for SBs containing purely coconut sap sugar and purely steviol glycosides, SBs may be subject to an excise tax depending on the kind of sweetener used. The requirements for the imposition of excise tax may be found in Revenue Regulations (RR) No. 20–2018 dated July 25, 2018.

At the same time, an importer must also pay a corresponding VAT on imports corresponding to the excise tax, since excise tax is included in the tax base for computation of the VAT on the importation of goods. In any case, the VAT paid on imports may be used as credit against any output VAT payable.

Additionally, importers should note that they are required to post a surety bond amounting to P100,000.00, at least for 2018. For subsequent years, importers may be required to post a surety bond based on the total excise tax paid during the preceding year. Thus, if an importer pays a total of P1 billion in excise tax on SBs for 2018, then it must also post a surety bond based on the P1 billion amount for 2019, and so on. For some importers, this can be a very onerous amount.

ENSURING COMPLIANCE
One of the possibly challenging aspects of complying with the SB excise tax guidelines is the fact that various regulatory bodies have their own sets of rules that require compliance. For example, the BIR has set the fine for any violations on the excise tax on SBs at treble the aggregate amount of deficiency taxes, surcharges and interest. For the BoC, on the other hand, the Customs Modernization and Tariff Act (CMTA) provides its own set of penalties for failure to pay the correct amount of duties and taxes on imported goods, including imported SBs. Furthermore, beverage producers or importers who are unsure if their products are classified as SBs may need to seek guidance and advice from the Center for Food and Research of the Food and Drug Administration. Specifically, these offices can confirm if the type of sweetener used in a particular product will categorize such product as an SB.

Given these and other possible requirements, it may be beneficial if the government could look into the applications of excise tax into SBs to help simplify the processes for SB producers and importers.

PRIOR DISCLOSURE PROGRAM UNDER THE CMTA
Going back to the CMTA, we should note that importers have an option to simplify things, which is to avail of the Prior Disclosure Program of the CMTA. In the event that the excise tax on importation of SBs has not yet been paid, an importer may volunteer to pay the tax to the BoC. The Commissioner of Customs is authorized under the CMTA to settle any administrative case involving the imposition of fines and surcharges, including those arising from a post-clearance audit, subject to the approval of the Secretary of Finance.

By availing of the PDP, importers can mitigate their customs penalty exposure, if any. Given the relative novelty of the excise tax on SBs and the availability of the PDP mechanism as an option to address potential exposures, importers may find it advisable to conduct an internal determination on whether a PDP application is in their best interest to ensure full compliance with all regulatory requirements.

Understandably, this new excise tax will have further implications on business operations, processes and risk management considerations for companies. We will discuss these further in the second part of this article.

This article is for general information only and is not a substitute for professional advice where the facts and circumstances warrant. The views and opinion expressed above are those of the author and do not necessarily represent the views of SGV & Co.

 

Fahkriemar Limpasan is a Tax Senior Director of SGV & Co.

RedDoorz looking at IPO

By Arjay L. Balinbin
Reporter

SINGAPORE-BASED hotel management and booking platform RedDoorz is eyeing an initial public offering (IPO) in the country by 2022.

“I think, overall, the business goal of RedDoorz is to conduct an IPO… By 2022 or 2023, we should be on our way to creating our business which is publicly listed. That is the general vision,” RedDoorz founder and chief executive officer Amit Saberwal told BusinessWorld in an interview in Makati City on Wednesday.

He added that the company targets to earn $500 million by 2020.

“I think for that to happen, by 2020, we should have a thousand of properties in the Philippines. What we are doing is that we are just trying to do it in a better, smarter, and more efficient way. I think we will get there by just doing that,” he said.

By December, he said RedDoorz will be earning approximately $200 million.

“One million occupied room nights in December which will translate into $200 million in sales,” he said, adding that this is “four times” higher than the company’s earnings last year. Room nights are the number of rooms occupied at any given time.

RedDoorz announced last August that it raised $70 million at the first close of a larger Series C funding.

Singapore-based growth equity firm Asia Partners, Rakuten Capital, and Mirae Asset-Naver Asia Growth Fund, joined the funding round. Existing investors Qiming Venture Partners and International Finance Corporation also participated in the round.

The Series C investment brings to $140 million the total of funds raised by RedDoorz since it launched in 2015.

The company has said it will use the fresh funds to enter new markets, launch customer experience projects, and invest in people and marketing. A portion of the proceeds would be used to build a second engineering hub in Vietnam.

According to the founder, the company is expanding to major cities and tourist destinations in the Philippines this year.

RedDoorz reported last September that it had 200 hotels in more than 20 cities in the Philippines. It said it would open new properties in tourist destinations such as Boracay, Bohol, Antique, Capiz, Dumaguete, Tacloban, and Negros Occidental. Mindanao properties would follow in the fourth quarter.

The properties offer standardized services, including Wi-Fi connectivity, clean rooms, and essential amenities. Customers can upgrade to RedDoorz Plus and RedDoorz Premium for additional services.

The company partners with local hotels and private accommodations. They standardize their rooms and amenities, then connect them to customers through the RedDoorz mobile site or app.

San Miguel swings back to winning

By Michael Angelo S. Murillo
Senior Reporter

THE San Miguel Beermen bounced back from a previous loss in the Philippine Basketball Association Governors’ Cup by defeating the Columbian Dyip, 113-107, on Sunday at the Smart Araneta Coliseum.

Absorbed their first defeat in the season-ending PBA tournament last time around, the Beermen avoided dropping a second straight game by holding off a gallant stand from the Dyip (3-4) to improve to a 5-1 record and stay within reach of the league leaders.

The contest got off to a competitive start with the teams going on runs to push their respective causes.

Import Khapri Alston got the Dyip humming early but newly acquired Beerman Mo Tautuaa provided a solid counter to help San Miguel to a 28-26 lead by the end of the first 12 minutes.

The nip-and-tuck nature of the match extended into the second quarter with each team not budging a bit.

They fought to a 47-46 count with 3:20 left in the quarter, and San Miguel still on top, before Juami Tiongson spearheaded a 5-4 run by Columbian the rest of the way to seize the lead, 52-51, at the half.

Mr. Alston got Columbian to a good start anew to begin the reboot, pounding the middle to help his team to a 68-59 advantage by the 7:37 mark of the third frame.

The 16-8 run pushed San Miguel coach Leo Austria’s hand to sue for time.

The move paid off as on the lead of import Dez Wells the Beermen came to within three points, 75-72, with 2:55 left.

Columbian though survived the Beermen charge back, holding a four-point cushion, 80-76, entering the fourth quarter.

The teams jostled to start the fourth quarter as they tried to establish control for the homestretch.

The Dyip still had their head above water, 91-87, at the 7:10 mark.

San Miguel seized the lead, 94-93, after a made deuce by Alex Cabagnot with five minutes to go.

It would build on it in the next two minutes, jumping to a 10-2 run to stretch their lead to nine points, 104-95.

CJ Perez tried to tow Columbian back after but Mr. Wells was unrelenting in taking charge for the Beermen.

San Miguel held a 111-99 lead with 1:11 remaining.

It was a hole that the Dyip would not be able to recover from as they eventually slumped to the defeat.

Mr. Wells led all Beermen in scoring with 39 points to go along with nine rebounds, five assists and two blocks.

June Mar Fajardo had 19 points and Alex Cabagnot 15.

Terrence Romeo finished with 12 points with Mr. Tautuaa and Arwind Santos adding 10 points apiece.

Mr. Alston, meanwhile, led Columbian with 38 points and 25 rebounds.

He was backstopped by Messrs. Tiongson and Perez with 18 each and Rashawn McCarthy with 17 points.

“We knew from the start that this game will be tough for us. Columbian has been doing well against us this season,” said Mr. Austria postgame.

“We were in a hurry to beat Columbian but we were not effective in doing so. So we tried to find ways to get the best combinations and eventually we were able to find our game in the second half to help us win,” he added.