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Deepening agriculture crisis in India could hurt Modi’s re-election bid in May

MUMBAI/NEW DELHI — The financial squeeze on India’s farmers is set to worsen because of record high fuel prices and surging costs of fertilisers, posing a challenge to Indian Prime Minister Narendra Modi in an election that must be held by May.
The rise in input prices could not have come at worse time for farmers, already grappling with falling domestic product prices due to rising yields and abundant harvests.
Yet, the government has few easy options to respond. Rival global producers have complained about Indian state support and falling global farm product prices undermine export prospects.
Indian farmers voted overwhelmingly for Modi in 2014. But a fall in rural incomes risks damaging that support next year.
Thousands of farmers marched on New Delhi on Tuesday to demand better prices for their produce. Police responded with teargas and water cannon. Farmers suspended their protests after talks with officials that ran into early Wednesday morning.
But their demands and those of other agriculture workers, who together make up about half India’s 1.3 billion people, have not gone away.
“Although we have decided to end our protest, we still believe that the government is not serious about addressing the concerns of the farmers,” Anil Talan, national secretary of farmers body Bhartiya Kisan Union, said after the march.
Diesel prices have surged 26 percent this year, making tilling fields, harvesting, and transporting crops expensive for India’s 263 million farmers who mostly use diesel tractors.
Alongside rising diesel costs, prices of key fertilizers such as potash and phosphate have jumped nearly 15 and 17 percent respectively in a year, as companies pass on the rise in global prices and the impact of the weak rupee to farmers.
India, the world’s second-biggest producer of staples such as rice and wheat, imports all its potash needs and relies on foreign supplies for nearly 90 percent of the phosphate it uses.
“It’s a double whammy for farmers who have to bear the brunt of lower crop prices and higher input costs,” said Devinder Sharma, an independent food and trade policy analyst, saying this explained “why farmers’ anger has come to the fore.”
Diesel demand is rising as farmers have started harvesting summer crops. After tilling, they will plant wheat and rapeseed, the main winter crops.
Union official Talan said the government needed to prop up commodity prices and keep a lid on farmers’ costs to support the agricultural industry, which accounts for about 16 percent of India’s $2.6 trillion economy.
“Because of higher diesel prices I need to spend nearly 20 percent more on harvesting soybean but soybean prices have crashed this year,” said Uttam Jagdale, a farmer from Pune, about 150 km (94 miles) south of Mumbai.
Nilesh Sable, a cane farmer from Sangli in the western state of Maharashtra, said fertilizer prices were rising each month.
Fertilizer firms say they have little choice but to pass on at least some extra costs due to a sharp fall in the rupee and a 20 percent rise in international potash and phosphate prices.
“Still, we are not passing the entire burden to farmers,” said an official with a state-run fertilizer company, asking not to be named in line with government policy.
Greater farm efficiency is partly to blame. Mechanized farming, high-yielding seed varieties and increased use of pesticides have pushed up harvests. Output of most crops has soared to record levels each year.
India’s production of pulses, such as lentils and beans, surged to 24.51 million tonnes in the year to June 2018, up from 23.13 million tonnes in the previous 12 months.
Imports of pulses, such as lentils from Canada, Australia, and Russia, fell to 1.2 million tonnes in the financial year to March 2019, the lowest since 2000/01 and well below the 6.6 million tonnes imported in 2016/17 after back-to-back failures in the monsoon.
Plentiful supplies extend to other crops. India is set to surpass Brazil as the world’s top sugar producer in the 2018/19 season, but rising output has driven down local sugar prices by 15 percent and left mills nursing losses.
In bid to help the sector, the government unveiled measures last week such as transport subsidies and incentives to export at least 5 million tonnes of sugar. Brazil, Thailand, Australia, and other rival producers were quick to complain.
Vegetable prices, especially onions, cabbage and tomatoes, have also fallen 25 percent from last year, largely because of overproduction. Without enough refrigerated trucks, excess production cannot be stored.
Domestic milk prices dived more than 25 percent in the past year, but a global glut has made Indian exports uncompetitive.
Harish Galipelli, head of commodities and currencies at Inditrade Derivatives & Commodities in Mumbai, said India needed to find markets abroad to reduce its inventories.
“But exports will not be easy, as global prices are depressed, and there is no export parity for most commodities,” he said. — Reuters

Yields on gov’t debt rise

By Mark T. Amoguis,Researcher
YIELDS on government securities went up last week as market players stayed cautious ahead of expectations of a faster September inflation print.
Bond prices dipped as yields climbed by a week-on-week average of 25.29 basis points (bp) week, data from the Philippine Dealing & Exchange Corp. as of Oct. 5 showed.
According to Nicolas Antonio T. Mapa, senior economist at ING Bank N.V.-Manila Branch, last week’s trading was largely influenced by expectations of a faster inflation print.
“Prior to the release, forecasts for elevated levels for price gains may have forced a cautious tone from players while global developments, in particular surging US Treasury yields, also left traders with more incentive to stay sidelined,” Mr. Mapa said.
Carlyn Therese X. Dulay, first vice-president and head of institutional sales at Security Bank Corp., agreed, adding that: “Another factor was the sell-off in US treasuries on higher services PMI (purchasing managers’ index) with the CT10 reaching a high of 3.22%,” referring to the current 10-year US Treasury bond.
The Philippine Statistics Authority reported on Friday that headline inflation printed at 6.7% in September, picking up from 6.4% in August and the 3% logged in the same month last year on the back of faster increases recorded in the heavily weighted food index as well as the non-alcoholic beverages index.
The latest inflation print was the fastest in nearly a decade or since February 2009’s 7.2%.
The September reading was below the BusinessWorld poll median and the Bangko Sentral ng Pilipinas (BSP) estimate of 6.8%, but still within the regulator’s 6.3%-7.1% predicted range. However, it was higher than the 6.4% pegged by the Department of Finance.
For the year thus far, headline inflation averaged at 5%, above the 2-4% government target. The central bank now expects the inflation to average at 5.2% this year.
At the secondary market last Friday, bond yields rose across the board, save for the three-year debt, which declined by 42.32 bps from a week ago, fetching 6.6107%.
“Client demand on the short end supported the levels on the three-year paper which is why yields dropped on this tenor,” Security Bank’s Ms. Dulay explained.
The yield on 182-day Treasury bill (T-bill) climbed the most, adding 80.25 bps to end at 5.4516%. It was followed by 10- and four-year Treasury bonds (T-bond), whose rates increased by 53.23 bps and 48.93 bps, respectively, to 7.7671% and 7.9357%.
Similar upward movements were seen in the yields of the 364- and 91-day T-bills, which added 41.51 bps and 40.73 bps to 5.6911% and 4.7167%, respectively.
Two-, five-, seven-, and 20-year T-bonds climbed 19.18 bps, 6.23 bps, 3.05 bps, and 2.10 bps, respectively, to fetch 6.3908%, 7.1018%, 7.1406%, and 8.3179%.
For this week, Ms. Dulay of Security Bank expects yields to remain within range “with some upward pressure ahead of NFP (non-farm payrolls) data and the scheduled Treasury bill and five-year bond auction, which is expected to fetch 7.10-7.25%.”
ING’s Mr. Mapa added that the Treasury bond auction on Tuesday “will set the tone for the rest of the week.”
The Bureau of the Treasury will offer P15 billion worth of T-bills today, while it will auction off its reissued five-year papers with a remaining life of four years and four months worth P15 billion on Oct. 9.

Shares to decline further amid lack of fresh leads

SHARES may continue falling in the week ahead given the lack of catalysts that may encourage investors to return to the market.
The bellwether Philippine Stock Exchange index (PSEi) gave up 0.21% or 15.14 points to close at 7,078.20 on Friday, bringing its week-on-week loss to 2.73% or 198.62 points. Market participants stayed on the sidelines for most of the week as they focused on the release of September inflation data. The Philippine Statistics Authority announced on Friday that headline inflation printed at 6.7% last month.
The property and holding firms counters dragged the index, as they respectively dropped by 3.6% and 2% last week. Foreign investors also remained sellers, with average net outflows growing by 22% to P535 million each day.
“The index failed to close above the 7,200 support level which means the bottom that we saw back in July may not be the bottom that we had hoped for. Next key support level is at 7,000, and if that doesn’t hold there is no telling how low this market can go,” Eagle Equities, Inc. Research Head Christopher John Mangun said in a weekly market note.
Mr. Mangun noted that as US markets and the dollar get stronger, foreign funds will also continue fleeing the local stock exchange. So far, foreign investors have been in net selling mode for 27 consecutive trading days.
Online stock brokerage 2TradeAsia.com also explained that investors are expected to favor bonds. For instance, 10-year US Treasury yields jumped to around 3.2% last week, the highest recorded in the last seven years.
“In light of the US Fed[eral Reserve]’s expected adjustment on its widely followed rate, funds flow has favored fixed income, ahead of an expected jump in yields. This partly explains some fund managers’ portfolio reallocation in favor of fixed assets, while waiting for macro catalysts to warrant their risk appetite for equities,” 2TradeAsia.com said in a weekly market note.
Eagle Equities’ Mr. Mangun also noted that while the Bangko Sentral ng Pilipinas said inflation has peaked in September, rising crude oil prices may still lead to a faster print in the months ahead.
“Nothing is giving investors the peace of mind to get back into the market. Last year we saw a one-directional market to the upside and this year we might see the opposite unless something positive happens fast,” Mr. Mangun explained.
Meanwhile, 2TradeAsia.com said participants may also start looking to nine-month earnings results, with the deadline for submission scheduled on Nov. 15.
“Participants’ focus will be on nine month earnings results, with special emphasis on quarter-on-quarter improvements. Until the selling pressure ebbs, most might opt for defensive bets, especially for stocks worth holding for the long term with sustainable dividend yields,” it said.
The online brokerage placed the PSEi’s immediate support at 7,000, with resistance from 7,200 to 7,350. — Arra B. Francia

How PSEi member stocks performed — October 5, 2018

Here’s a quick glance at how PSEi stocks fared on Friday, October 5, 2018.

 
Philippine Stock Exchange’s most active stocks by value turnover — October 1-5, 2018

Labor dep’t sees infrastructure as a hurdle to telecommuting law

THE Department of Labor and Employment (DoLE) said weak IT and electronic infrastructure in some areas could pose a barrier to telecommuting work arrangements.
The Bureau of Local Employment (BLE) welcomed the efforts of legislators to enact a law on telecommuting but added that infrastructure in many areas may not be sufficiently developed.
“The infrastructure is a challenge,” said BLE Director Dominique R. Tutay in an interview with BusinessWorld Friday when asked about possible difficulties in implementing the Telecommuting Act.
On Wednesday, the Senate ratified the bicameral conference committee report on the proposal legislation which will allow workers in the private sector the option to adopt work-from-home arrangements.
The BLE Director cited Internet speeds and wireless connectivity in some areas as possible issues.
“First and foremost is our Internet connectivity. It’s not very good at the moment. There are areas where the signal is fluctuating even in the urban areas. That is still a big challenge),” she said.
She added that unreliable power in many areas will also be an issue.
Ms. Tutay said that she hopes other government agencies and even the private sectors can help address these issues when telecommuting work arrangements are allowed by law.
According to Speedtest.net, the Philippines has a global ranking of #81 in the Fixed Broadband Category with a downloading speed of 17.57 megabits per second (mbps) and #98 in the mobile broadband with a downloading speed of 14.07 mbps.
Despite the challenges that the proposed law might face, the labor department still welcomes the measure which will allow employers to offer a telecommuting program for workers based conditions both the employer and employee agree on.
“We’re actually welcoming the initiative of our legislative department in keeping up with the changes in the labor market. Meaning there’s more flexibility for our workers,” Ms. Tutay said.
The House of Representatives and Senate versions of the Telecommuting bill requires DoLE to draft guidelines on telecommuting work arrangements. She added that the department is also required to monitor how companies and industries implement the bill.
“In the bill, we are given three years to do some industry studies.
We will see what the global practices are and whether our labor standards will work,” she said.
The Telecommuting Bills also give DoLE the responsibility to conduct a “Telecommuting Pilot Program” in selected industries. Ms. Tutay said that the labor department is looking at the following industries for the pilot program: wholesale and retail; Information Technology and Business Process Association of the Philippines (IT-BPM); and the engineering and architectural design components of construction. — Gillian M. Cortez

Issues with Dalian trains delaying new MRT-3 maintenance agreement

THE Department of Transportation (DoTr) said issues with Chinese commuter trains ordered from CRRC Dalian Co trains are delaying the signing of maintenance deal with Sumitomo Corp. and Mitsubishi Heavy Industries, Ltd. (Sumitomo-MHI) for Metro Rail Transit Line 3 (MRT-3).
Transportation Secretary Arthur P. Tugade told reporters on Friday that the deal is still expected for signing within the next two months, after the original timetable of an August or September signing lapsed.
“There’s still an issue about the Dalian trains. We’re still discussing it,” he said.
The Dalian trains are 48 Light Rail Vehicles procured under the previous government intended for use on the MRT-3, but the DoTr said they cannot be deployed yet because of issues centered on the measurements and weight of the trains.
“I wanted that signed already…. It’s not that they don’t want to sign. We’re just talking about the timing,” Mr. Tugade added, without providing details.
The DoTr said late last year that it was in high-level discussions with the government of Japan for the comeback of Sumitomo-MHI as the maintenance provider for the MRT-3. The Japanese firms designed the system between 1998 and 2000 and maintained it for 12 years until 2012.
Last month, the DoTr directed the Philippine National Railways (PNR) to conduct simulated runs with the Dalian trains to test their suitability for revenue service.
After the evaluation, PNR must submit a report to Mr. Tugade indicating if the train sets still need further adjustment from CRRC Dalian before deployment. The Chinese firm committed to the DoTr in July to rectify problems with the trains for free.
The DoTr terminated its contract with MRT-3 maintenance provider Busan Universal Rail, Inc. (BURI) late last year, alleging its failure to maintain the train line’s efficiency. — Denise A. Valdez

ASEAN+3 think tank flags financial stress levels in the Philippines

THE PHILIPPINES is among the main sources of “financial stress” within the Association of Southeast Asian Nations (ASEAN), which became elevated in early 2018, although still below historical levels.
According to a working paper from the ASEAN+3 Macroeconomic Research Office (AMRO), “Assessing Financial Stress in China, Japan, Korea and ASEAN-5 Economies” published on Friday, flagged increased the Philippines’ widening current account deficit and a weakening peso.
The working paper created a “financial stress index (FSI),” that determines a period “when the financial system is under strain and its ability to intermediate is impaired,” such as an interruption to the normal functioning of financial markets based on large swings in asset prices, an abrupt increase in risk and/or uncertainty, liquidity droughts, and concerns about the health of the banking system.
The FSI focuses on selected financial-sector indicators such as stock market volatility, foreign exchange volatility, sovereign debt, corporate debt, and interbank lending, in the ASEAN+3 region, plus ASEAN’s core countries, known as ASEAN-4 (Indonesia, Malaysia, the Philippines and Thailand).
AMRO said that the stress indicators started to rise in early 2018 in the ASEAN+3 region, “reflecting a confluence of global factors (such as escalation of global trade tensions and US Fed Policy), as well as country-specific vulnerabilities in some emerging markets outside the region (such as growing macroeconomic imbalances in Argentina and Turkey).”
“In ASEAN-4, the pressure on EMPI (Exchange Market Pressure Index) was particularly visible, as currencies have depreciated alongside drawdowns on foreign reserves. Indonesia and the Philippines are the two major contributors to the higher aggregate stress level in ASEAN-4, partly reflecting the structural vulnerabilities (e.g. widening current account deficits),” AMRO said.
“However, so far, the level of financial stress in the region has not been as high as compared to the level experienced during the August 2015 shock, when China announced changes to its central parity exchange rate mechanism,” it added.
In the first half, the Philippine current account matched the $3.1-billion deficit target set by the government amid a widening trade deficit and the peso’s depreciation into 13-year lows past P54 to the dollar.
However, gross international reserves remain at adequate levels, equivalent to 7.5 months’ worth of imports of goods and payments for services, well above the three-month international standard deemed prudent.
The think tank noted that the highest FSI level on record was during the 2008-2009 global financial crisis, with “significant, but limited” impact from the European debt crisis in 2010 and the US Federal Reserve taper tantrum in 2013.
AMRO said that governments can use the FSI as a surveillance tool for preemptive policy measures when financial stress levels are starting to escalate. — Elijah Joseph C. Tubayan

Transco complies with ERC directive on estimating RE capacity

STATE-LED National Transmission Corp. (TransCo) said on Sunday that it has complied with an order issued by the Energy Regulatory Commission (ERC) on how the energy capacities of renewable energy (RE) companies are to be computed, and consequently how much they should be paid.
In a statement, TransCo said the ERC order issued on April 11, 2018 called for the use of the committed capacity of RE developers as reflected in the Department of Energy’s certificate of endorsement (CoE) as basis in the computation of feed-in-tariff (FiT) revenue.
Following the ERC order, TransCo said it started offsetting the overpayments in August after coordination and validation with the concerned developers.
Melvin A. Matibag, TransCo president and chief executive officer, said the company had previously followed the capacities reflected in the ERC’s certificate of compliance (CoC) for payment of FiT revenues as this document is the one that grants final eligibility for FiT to the power generation plants.
Last week, consumer Laban Konsyumer Inc. questioned the basis for the P36.53 million TransCo overpaid to renewable energy companies for the power they produced under the FiT system, and sought a disclosure of an updated figure while pushing for changes in how the amount is computed.
The updated amount at the time of implementation was P47 million, TransCo said.
Mr. Matibag said TransCo shares the consumer group’s concerns on protecting the rights and welfare of electricity consumers.
“I am pleased that this issue has been clarified between the DoE and ERC. But, it is also important to note that TransCo pays only for energy that is actually generated by the RE plants, not projected nor committed,” he said.
TransCo said in February that the ERC wrote DoE Secretary Alfonso G. Cusi requesting clarification and guidance specifically on the application of the plant capacity that should be the basis in the computation of the FiT revenue.
It said Mr. Cusi had answered that the capacity provided in the DoE’s CoE is the capacity committed by the RE developer and should serve as the basis of the computation of the FiT revenue.
A coordination meeting was then held on April 2, 2018 among DoE, ERC and TransCo to discuss the basis of each other’s consideration of FIT capacity, it said.
“We are also at the forefront of efforts to bring down power rates through our petitions with the ERC and representations with DoE and the legislature,” Mr. Matibag said.
The FiT system aims to encourage the development of renewable energy in the country by paying first-mover developers a fixed amount for the power they produce for 20 years. — Victor V. Saulon

NEDA bills tackled by House committee Tuesday

THE House Committee on Economic Affairs will tackle on Tuesday the bills expanding the independence of National Economic Development Authority (NEDA).
House Bills 8124 and 8189, authored by Deputy Speaker Arthur C. Yap of the third district of Bohol and Rep. Weslie T. Gatchalian of the first district of Valenzuela City, seek to institutionalize NEDA as a “new and truly independent department.”
The bills will also “enhance decentralization and strengthen the autonomy of units within the various regions of the country to accelerate their economic and social growth and development,” the legislators stated in the explanatory notes.
At present, NEDA operates under Executive Order 230, series of 1987, implemented by President Corazon C. Aquino.
The proposed measures will reorganize the National Economic Development Board (NEDB) to include the President, the secretaries of NEDA, Finance, Budget and Management, Interior and Local Government, Trade and Industry, Public Works and Highways and the Governor of the Bangko Sentral ng Pilipinas.
The Board, as reconstituted by Administrative Order No. 8, series of 2017, currently also includes as members the Executive Secretary, Cabinet Secretary, Secretaries of Energy, Transportation, and the chair of the Mindanao Development Authority.
Both versions will also constitute new inter-agency committees that will function as the primary advisory bodies to the NEDB.
This shall include the Economic Development Committee (EDC), Science, Technology and Innovation Committee (STIC), Environment and Sustainable Development Committee (ESDC), and Governance Committee (GC).
This is in addition to existing committees under NEDA, such as the Department Budget Coordination Committee (DBCC), Infrastructure Committee (InfraCom), Investment Coordination Committee (ICC), Social Development Committee (SDC), Committee on Tariff and Related Matters (CTRM), Regional Development Committee (RDCom), and National Land Use Committee (NLUC). — Charmaine A. Tadalan

BPO industry may miss job creation goal by 40% if incentives removed

By Janina C. Lim
Reporter
THE information technology and business process outsourcing (IT-BPO) industry said it may fall 40% short of its 2018 job creation target in a high-tax regime.
“There’s a balancing act between job generation and tax revenue creation. There’s an inflection point. You make us more expensive than we are, then our ability to be effective in generating jobs will also be affected,” Information Technology and Business Process Association of the Philippines (IBPAP) President and CEO Rey C. Untal said in an interview on Thursday at the group’s headquarters in Taguig City.
He noted the potential of the latest round of tax reform legislation, known as the TRABAHO bill, to make future BPO projects competitive. However, Mr. Untal said it may have negative effects on existing firms. He cited the impending transition to a corporate income tax (CIT).
“The jump from the 5% GIE (gross income earned) to a 28% CIT, will increase your tax by as much as threefold. That impacts your cost structure. The only way that you can recover that cost structure is to pass it on to your customers. But if you pass on the cost to your customers then your perceived value versus cost becomes higher also. So that’s what we are avoiding,” Mr. Untal said.
“…If we move to a regime where our cost model will increase substantially, then our ability to create jobs will be impacted by 40%,” he added, noting the estimates were produced by a study of the impact of taxes on the BPO industry’s ability to generate employment.
Under its five-year road map, the group aims to create 1.8 million jobs by 2022, against 1.15 million jobs in 2016.
“So instead of growing 100,000 a year, we could grow by 60,000. We could grow by 50,000. I don’t know,” Mr. Untal said.
In terms of online hiring activity, the Monster.com employment index indicates that the IT-BPO sector declined 4% in the second quarter. In June, hiring activity by the sector declined 7%.
“This conversation around the TRABAHO bill and about the bigger context of the BPO industry needs to be put together. This industry’s one critical attribute is the ability to generate jobs,” he added.
Mr. Untal said the industry now employs, directly and indirectly, close to five million Filipinos, which is expected to expand to 7.6 million by 2022.
“This industry is also one of the largest creators of the new middle class,” Mr. Untal said.
“Our growth has to be Philippine-wide,” he added. “That’s why, right now, we are employing an excess of a quarter of a million Filipinos in 21 to 23 provinces,” Mr. Untal said.
By 2022, employment in the provinces is expected to double to 500,000.
In the past decade, the industry has carved out a global market share of about 11% to 12%.
The industry’s calling card over the past few years was always being number two to India, Mr. Untal said, but the 2017 Tholons report showed the Philippines to be third behind China.
Mr. Untal said the industry is cautious of competition with BPO markets behind the Philippines, particularly Vietnam which is becoming a top BPO destination.
“People seem to be fixated with the idea that this industry and other industries will be impacted once TRABAHO is in place. That’s not true. In reality, all of this ambiguity about the rationalization of incentives has already created an impact in terms of uncertainty,” Mr. Untal said.
“Investors when they now look at the Philippines are now aware that the incentive scheme as they have understood it will no longer be there next year,” said Mr. Untal noting that several expansion plans have been deferred due to the pending finalization of the second part of the tax policy overhaul.
IBPAP is batting for a 10-year transition period for the removal of current incentives instead of the currently proposed five-year maximum; inclusion in the strategic investment priorities plan; and the retention of the zero value-added tax rating for locators whose export sales comprise 30% of total sales.

Clarifying the cost of filing an amended tax return

On Dec. 19, 2017, President Rodrigo R. Duterte signed into law Republic Act No. 10963, or the Tax Reform for Acceleration and Inclusion (TRAIN) Act. In a speech made after the signing, the President said the TRAIN Act “is the administration’s biggest Christmas gift to the Filipino people, as 99% of the taxpayers will benefit from the simpler, fairer and more effective tax system.”
One of the things that the TRAIN law sought to simplify and update is the imposition of interest on unpaid tax liabilities. Prior to the TRAIN Act, the interest penalty rate was at 20% per annum on any amount of unpaid tax. Now, Section 249 of the National Internal Revenue Code (NIRC), as amended by the TRAIN Act, provides that the interest rate to be assessed and collected on any unpaid amount of tax shall be “double the legal interest rate for loans or forbearance of any money in the absence of an express stipulation as set by the Bangko Sentral ng Pilipinas.” The legal interest rate for loans in the absence of any stipulation as set by the Monetary Board in Circular No. 799, Series of 2013, is 6% per annum. Thus, beginning Jan. 1, 2018 (the effectivity date of the TRAIN Act), the interest penalty for any unpaid amount of tax was 12% per annum calculated from the date prescribed for tax payment until the amount is fully paid.
During the first quarter of 2018, the Bureau of Internal Revenue (BIR) issued Revenue Memorandum Circular (RMC) No. 21-2018, circularizing Memorandum No. 016-2018 dated March 15, 2018, regarding the imposition of surcharge, interest and compromise penalty for filing an amended tax return. Such an issuance required immediate attention, due to the inconsistent impositions of surcharges and interest by some Revenue District Offices (RDOs). Some RDOs imposed the surcharge and interest following the TRAIN Act, while other RDOs did not. Furthermore, there was an incident involving a taxpayer’s e-mail sent to the Presidential Complaint Center on May 26, 2017 which also contributed to the release of Memorandum Order No. 016-2018. The e-mail raised the issue of inconsistent penalties for filing amended tax returns, which eventually reached the Office of the Deputy Commissioner — Operations Group.
In Memorandum No. 016-2018 dated March 15, 2018, the BIR clarified that in an amendment of return where any additional tax is due, 20% interest and 25% penalty shall be imposed on the additional tax to be paid per amended return. The RMC, although not directly being discussed, does attempt to address the inconsistent impositions of surcharges and penalties by RDOs with respect to the amendment of returns where no additional tax is due. RMC No. 21-2018 also indicates that ONLY the amendment of returns with additional tax being due shall warrant the imposition of surcharges and penalties.
However, this issuance further confused taxpayers as to the proper interest penalty rate to be imposed.
To settle the policy on amended tax returns, the BIR further issued RMC No. 54-2018 on June 21, 2018, stating with finality that beginning Jan. 1, 2018, the interest penalty rate shall be 12% per annum until a new interest rate shall be prescribed by the BSP. Thus, in an amendment of return where an additional tax shall be due, 25% penalty and 12% interest shall be imposed on the additional tax to be paid.
Additionally, the BIR reiterated that compromise penalties per Revenue Memorandum Order (RMO) No. 7-2015 are only amounts suggested by the BIR in the settlement of criminal liability for violations committed by taxpayers and the imposition of the same is consensual in nature. Thus, compromise penalties may not be unilaterally imposed on the taxpayer. In the event that the taxpayer is not amenable to pay the compromise penalty, the violation shall be referred to the appropriate office for criminal action.
Given the strict mandate to RDOs to impose the 25% surcharge, 12% interest, and compromise penalty on amendment of returns where additional tax is due, taxpayers must be even more cautious and vigilant in computing their tax liabilities. It is now even more vital to ensure that all information required by law is accurate and correct before filing a return given the expensive repercussions of non-compliance.
Despite finally settling the issue on the proper interest penalty rate on amended returns where additional tax shall be due, we note that the BIR has yet to clarify whether the 12% interest penalty rate will apply to deficiency taxes that will be assessed within the effectivity period of the TRAIN Act, but covering taxable years prior to 2018.
Certainly the applications and nuances of the TRAIN Act will still require much work and clarification from the BIR. However, taxpayers remain hopeful that the amendments to the Tax Code will bring the much anticipated tax reform that Government has promised.
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.
 
Rowena Angela C. Salanga is an Associate Director at SGV — Financial Services Tax.

Inflation king of Asia, world’s second worst stock market

The Philippines’ inflation rate has been rising nonstop ever since the TRAIN law was implemented: 2.9% in December 2017, 3.4% in January 2018 (first month of TRAIN law), 3.8% in February, 5.7% in July, 6.4% in August, and 6.7% in September.
This is the country’s highest inflation rate in nearly a decade, since 7.2% in February 2009. The increase largely came from the food and non-alcoholic beverages index, a big component of the overall consumer price index (CPI), which increased to 9.7% last month.
So the Philippines is now the undisputed inflation king or queen of Asia. Year to date (Ytd, January to September), 2018 inflation is already 5.0%, a lot higher than the government target of 2-4% full year 2018.
Numbers below, those with updated January-September 2018 data are Indonesia, Philippines, S. Korea, Sri Lanka, Thailand and Vietnam. The rest have January-August only (see Table 1).
Table1
In the stock market, the Philippine Stock Exchange (PSEi) as of Oct. 5 closing was the second worst performing in the world. China (Shanghai) has been the #1 worst performing for several months this year but last week, it has recovered while the Philippines and Turkey continued their slide.
Table2
Last 52 weeks, PSEi (-14.8%) is also the second worst in the world after China (Shanghai, -15.8%).
To control high inflation, the most visible action by the government comes from the Bangko Sentral ng Pilipinas (BSP) raising domestic interest rates. I do not think that this will be effective since the current inflation is largely cost-push, starting from TRAIN tax hikes in January and exacerbated by high world oil prices. This is not demand-pull inflation.
Another action is agricultural import liberalization, expanding rice importation to help reduce domestic rice prices, and replacing quantitative restrictions (QR) with tariffs of up to 35%, the bill is being hastened in Congress. The impact so far is not clearly felt as rice prices remain high.
One ‘action’ by government is non-action on fare hike petitions by buses, jeepneys, taxi, and air-con vans or ‘UV Express.’ The government has become terribly insensitive and Machiavellian in pinning down public land transportation operators to endure very high oil prices with no corresponding fare hike, except the P1 increase in jeepneys which is still not sufficient.
Domestic airlines’ petition to have fuel surcharge on ticket prices have been granted and this will have inflationary pressure from October onwards. Another pressure will come from a series of wage hikes.
One single most important measure that government can do to reduce inflation is to cut the VAT rate from 12% to around 8% and significantly reduce the exempted sectors. My best example for suggesting this is Malaysia. It had a gross sales tax (GST) of 6% until May then it was abolished in June. Its average inflation rate three months before (March 1.3%, April 1.4%, May 1.8%) was 1.5%, became 0.3% three months after (June 0.8%, July 0.9%, August 0.2%).
High and multiple taxes are always inflationary. To help reduce high inflation, taxes should be smaller and fewer. The number of politicians, bureaucrats and subsidies forever should be smaller and fewer too.
 
Bienvenido S. Oplas, Jr. is the president of Minimal Government Thinkers and a Fellow of Stratbase-ADRi.
minimalgovernment@gmail.com.