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DENR sees less environmental harm from domestic ore processing

THE Department of Environment and Natural Resources (DENR) said allowing more firms to engage in domestic mineral processing will facilitate the restoration of mining lands, in contrast to the current practice of exporting ore, which leaves the ground disturbed.

Environment and Natural Resources Secretary Roy A. Cimatu added that local processing will also fulfill the government’s goal of capturing more value from the country’s mineral wealth, both from the value-added and the domestic jobs created.

“I [asked] those mining companies what the revenue increase is if they process here compared with exporting the mineral ore, and they said 50%,” he said.

From the environment’s point of view, exporting ore “leaves our land with holes” because ore export entails shipping even the soil removed by the mining operation. “But if it’s processed here, the soil will be left in the country and we can put it back from where it is dug.”

The DENR is asking mining companies to adopt strip mining rather than open-pit mining. Strip mining requires replacement of the soil and restoration of greenery after a certain area is worked over by the miners, before a new area is opened up for mining.

Mr. Cimatu did not give an update on the memorandum of agreement with the Philippines Economic Zone Authority (PEZA) which will facilitate domestic processing, but added that PEZA will help deal with investors who have expressed interest in setting up facilities, especially in Mindanao.

“The processing [of minerals] is very expensive but foreign companies have [expressed interest]. In fact, Russia will be investing. China as well. They already have joint ventures with the local mining companies here,” he added.

Last year, PEZA proposed that domestic ore processing and agro-forestry activities like furniture-making take place in economic zones, requiring the approval of DENR.

PEZA expressed plans to revive the Paper Industries Corp. of the Philippines (PICOP), which has tree plantations in Mindanao, through the proposed agro-forestry economic zone but it has yet to receive a reply from the DENR. — Anna Gabriela A. Mogato

Bayer CropSciences to focus on improving logistics

BAYER CropSciences, Inc. is planning to focus its investments on logistics in the next two years, after unveiling its P80-million seed line conditioning system in Canlubang, Laguna last Friday.

Iiinas Ivan T. Lao, Bayer Cropsciences country commercial lead, said the company is focusing on logistics by refining storage facilities for hybrid seeds, especially as its channel partners and distributors boost their supply.

Bayer currently has 50 distributors nationwide.

“Because right now, we know that some of their facilities are not really up to standard. We can only give them the seeds that they really need so sometimes there’s inefficiency there [in their storage],” he said on Friday.

“We’re partnering with our distributors to make sure that they also try to improve on their facilities so that they could store the products as well and always be in time when the farmers need the seeds,” he added.

In the meantime, Bayer will hold off adding more distributors, noting it would have to depend on the market conditions and the demand.

Mr. Lao said the hybrid seeds business has been on a continuous upward growth of “more or less double digits” in the past three to four years.

With its major investment in the seed conditioning line facility, Bayer is expected to maintain its momentum.

Mr. Lao said the planned upgrade in logistics will also include renovations of their warehouses. He added the company is also looking for a partner for the project.

Bayer currently has a capacity to produce 35,000 metric tons of seeds for the Southeast Asian region. In the Philippines, the company has allotted 120 hectares to produce around 150 MT to 200 MT of seeds as its starting point.

With the new seed conditioning line facility, Bayer Asia Pacific Head of Seeds Amit Trikha said the Philippines is likely to become Bayer’s hub for the region, similar to having India as the main source of seeds in South Asia.

“The intention is to put up the breeding station here to cater to the Southeast Asian market. So, we are getting people who have these abilities [to boost our capacity]. When it comes to neighboring countries like Vietnam or Indonesia and Cambodia, Philippines can be a central location,” he added. — Anna Gabriela A. Mogato

Miseducating people is no different from spreading fake news

In the weeks that followed the passage of the Tax Reform for Acceleration and Inclusion (TRAIN), some critics, well meaning or otherwise, have lambasted it for the wrong reasons.

Some of the criticisms are unfounded, misinformed, oversimplified, or exaggerated. A number of these objections are opinionated but not backed up by data or facts. A few use data, but the data or the methods are wrong. Of the latter, we can use IBON Foundation’s analysis as an example, for others use it as well.

Late last year, my colleagues from Action for Economic Reforms pointed out the problematic aspects of IBON’s analysis. (See Joshua Uyheng and Madeiline Joy Aloria, “Facts, not fear: Responding to Critics of TRAIN,” BusinessWorld, Sept. 4, 2017.)

That is why I feel that troublesome analyses like IBON Foundation’s, which Manila Bulletin columnist Tonyo Cruz used to criticize an unnamed colleague (see Tonyo Cruz, “Derailing TRAIN,” Manila Bulletin, Jan. 15) warrant a proper rebuke.

In criticizing TRAIN, Mr. Cruz relies on the IBON study that is riddled with loopholes.

I enumerate the arguments from the above-mentioned column authored by my colleagues, Ms. Aloria and Mr. Uyheng to refresh us why IBON (and as an extension, Mr. Cruz) is wrong:

“The estimated inflationary impact on food is double-counted, bloating figures by P5,240, more than half of the projected net loss. Next, they used the amount of Pantawid Pasada transfer worth P1500 as an estimate of how much transportation costs would increase after TRAIN’s passage.” But the fact is the transportation costs for different deciles especially the lower ones (the poor) are much lower than P1,500. The amount of P1500 is not a cost but the proposed amount for subsidy.

The IBON’s estimates also exaggerate the price effects of fuel and broadening the VAT (value-added tax) base because of wrong assumptions. (For example, most of the items that the poor consume are still exempted from VAT and because the expanded VAT coverage exempts establishments whose sales are below P3 million. IBON also claims an incredible 20% increase in electricity prices when only 7% of gross power generation is oil-based.

Mr. Cruz also mentions that the P200 monthly cash transfers are an admission of TRAIN’s harsh effects on the poor, and cannot possibly be enough to mitigate the effects of such an avalanche of new and higher taxes. My response: From the Family Income and Expenditure Survey and elasticity estimates, we can compute that the poorest (or the subsistence poor) will only spend P58 more for the whole 2018 because of TRAIN’s price effects, and the richest 10% will spend P1,600 more. The point is, that the cash transfer of P200 a month for each poor household is more than enough to offset the muted price effects of TRAIN.

In a letter to the editor, IBON proposed the following steps to “ease the burden on the poorest”

1. Maintain exemptions on products where the poorest are directly affected;

2. Tax the rich more, specifically, raise taxes on those belonging to the highest income bracket.

3. Allocate specific budget items for essential social services.

But all these proposed steps are already embedded in TRAIN (including the next packages).

The top marginal income tax rate has been raised from 32% to 35%; the excise fuel tax has a bigger burden for the rich than the poor; the law still maintains VAT exemptions for basic commodities, among others. And TRAIN does earmark 30% of the incremental revenues from the law in the next five years for several social protection measures.

TRAIN, being a compromise, has flaws and problems, like other legislative measures. There are components of TRAIN that we object to such as the distortion in the automobile excise tax (which has become cheaper for luxury cars) and the compromises on the value-added tax, to cite a couple. But on balance, TRAIN is a necessary significant step, despite its flaws, to make the tax system more progressive, fairer and simpler.

There is so much yet to be done and pursued for real, positive change to happen. We cannot keep pushing for social programs like free education, access to universal health care, jeepney modernization, without considering how to finance these reforms. Without revenues to enable the implementation of these programs, they will all just remain a pipe dream.

Enough then with bad analysis. It is as dangerous as fake news. It is a disservice to miseducate the people whom the likes of Tonyo Cruz ostensibly want to serve.

A woman for whom I have the utmost respect said something that struck me: “No one group or ideology has the monopoly of good intentions or love for country.” We all think that we’re doing the right thing and perhaps even for the same reasons. But if our method of expressing this is to miseducate the public for the sake of propaganda, then perhaps it’s time to take a step back and assess whether or not this makes us no different from the internet trolls who peddle fake news.

 

Karla Michelle Yu is a research associate of Action for Economic Reforms (AER) on tax reform.

Cavs imploding

Despite Isaiah Thomas’ emphatic — and, to be sure, reasoned — denial that the Cavaliers are imploding, only the most partisan observers would dare conclude that things haven’t taken a turn for the worse. When a team meeting in which fingers are pointed becomes necessary and is then followed by an unconvincing victory, fissures can’t be dismissed as part and parcel of any franchise’s long and arduous trek to success. Theirs are deep-rooted and systemic, and not even their prodigious talent base starring an All-World figure looks to be enough to stem their swoon.

Granted, the Cavaliers aren’t new to drama; every year since LeBron James returned to the fold in 2014, they have had to weather highly publicized storms. They then seem to gather themselves and subscribe to a collective cause once they see themselves at a crossroads. And so they have wound up not so much as overcoming their dysfunction as riding them en route to three Finals stints and one championship (and, of course, in record-setting, come-from-behind fashion).

This time, though, the travails don’t just feel different. They are different, complicated in no small measure by a significant roster turnover that has rocked both their identity and their culture. And so their quest to do battle for the Larry O’Brien Trophy yet again has hit hurdles so high that not even James’ best season since the turn of the decade appears enough to overcome. The All-Star break is just around the corner, and yet they’re still adjusting to each other, still struggling to buy in, still, well, detached.

If there is any optimism, it’s grounded on three inherent truths: 1) James is James, and his capacity to lead — as proven by his personal streak of seven consecutive Finals stints — trumps adversity; 2) the Cavaliers are stacked, and, at the very least on paper, built to provide a variety of productive lineups in the pace-and-space era; and 3) there remains time to correct flaws in what looks to be a solid foundation.

Unfortunately, nothing the Cavaliers have done of late gives cause for hope. They’re splintered on and off the court. Under the klieg lights, their offense — once a reliable crutch, if nothing else — has skirted with mediocrity and is no longer able to hide their glaring lack of effort on the other end of the floor. In private, they’ve resorted to backbiting and pettiness, going so far as to sell otherwise-innocuous moments as slights to an inviting media, and anonymously to boot.

German philosopher Friedrich Nietzsche once said, “That which does not kill us makes us stronger.” Which should be good news for the Cavaliers, because whatever “that” is hasn’t snuffed the life out of them yet. And as defensive as Thomas may have been yesterday, even he subscribed to the notion that the best version of themselves lies ahead. “I know in this circle and this team, everybody believes in each other, and everybody’s in here for it to work and for us to be playing in June. That’s the ultimate goal.” Depending on perspective, he’s either right or simply blowing hot air.

 

Anthony L. Cuaycong has been writing Courtside since BusinessWorld introduced a Sports section in 1994. He is the Senior Vice-President and General Manager of Basic Energy Corp.

Yields on gov’t debt mixed as Draghi turns hawkish

By Mark T. Amoguis, Researcher

YIELDS on government securities (GS) ended mixed last week amid hawkish sentiments from the European Central Bank after its first policy meeting this year.

Bond yields, which move opposite to prices, went up by an average of 11.04 basis points (bps) week-on-week, data from the Philippine Dealing & Exchange Corp. as of Jan. 26 showed.

“As expected, yields increased [last] week primarily because of some hawkish hints from the European Central Bank (ECB) during its January policy meeting,” said Guian Angelo S. Dumalagan, market economist at Land Bank of the Philippines (Landbank).

“ECB President [Mario] Draghi underscored the steady expansion of the currency bloc and projected inflation to rise in the medium term. His remarks fuelled views of more tightening moves from the ECB later this year,” he explained.

Late last week, ECB kept its policy rates on hold. It also said it will continue its €30-billion asset buying per month at least until the end of September.

Although Mr. Draghi made it clear that he does not expect to change policy rates in 2018, he said that there may be “very few chances” at all that interest rates could be raised this year.

Mr. Dumalagan added that the rise in yields was capped by political noise on the US government shutdown.

The US federal government shut down at midnight of Jan. 19 after failing to pass a funding bill. But US Senators last Monday reached a deal to keep the government funded until Feb. 8.

Meanwhile, a trader said the partial award of three-year Treasury bonds auctioned last week helped buoy sentiment.

Last Tuesday, the Bureau of the Treasury raised P14.891 billion out of the planned P20 billion borrowing after it partially awarded fresh three-year bonds for a coupon rate of 4.25%.

National Treasurer Rosalia V. De Leon said the auction committee decided for a partial award to temper the rates of the debt papers.

At the secondary market on Friday, double-digit gains were recorded for the yields on the 91-day, 20-year, two-year, and 364-day debt papers as they increased week on week by 66.90 bps, 38.22 bps, 28.42 bps, and 24.56 bps, respectively, to fetch 2.8767%, 6.3536%, 4.1857%, and 3.0439%.

Trailing behind were the yields on 10-year, 182-day, and three-year notes, which increased by 9.71 bps, 0.79 bp, and 0.61 bp, respectively, to close at 6.0421%, 2.9039%, and 4.1575%.

On the other hand, the rate of the four-year Treasury bond (T-bond) dropped the most, losing 47.97 bps to yield 4.4557%. It was followed by the yields on the seven- and five-year T-bonds, which declined by 5.71 bps and 5.09 bps, respectively, to close at 5.4236% and 4.6850%.

For this week, Landbank’s Mr. Dumalagan said, “yields are expected to still move with an upward bias, supported by likely hawkish signals from the US Federal Reserve and potentially firm US data on PCE (personal consumption expenditures) inflation and employment.”

The US PCE price index for December will be reported on Jan. 29, while the employment data is scheduled to be released on Feb. 2.

“Moreover, yields might also increase, as likely firm growth data from the euro area may continue to fuel views of more tightening moves from the ECB later this year,” he added.

Paris braces for floods as swollen Seine inches higher; Louvre wing closes

PARIS — Paris was on alert Saturday as the swollen Seine crept higher, with forecasters expecting the flooding to peak before the weekend is out.

The river had risen 11cm in 24 hours by Saturday evening, more than four meters above its normal height, causing headaches for commuters as well as people living near its overflowing banks.

Tourists suffered too with the capital’s famous Bateaux Mouches rivercraft out of service, and only emergency services authorized to navigate the Seine.

The Vigicrues flooding agency believe the river will continue to rise, peaking at 5.95 meters on Sunday night or Monday, but not quite reaching the 2016 high of 6.1 meters, when the Louvre museum was forced to close its doors for four days.

But the world’s most visited museum was on high alert on Saturday, along with the Musee d’Orsay and Orangerie galleries, with the lower level of the Louvre’s Islamic arts wing closed to visitors.

Leaks started to appear in some basements in Paris on Friday, while some residents on the city’s outskirts were forced to travel by boat through waterlogged streets.

A health center in Paris’s northwestern suburbs, where 86 patients were receiving care, was also evacuated on Friday.

In total around 1,000 people have been evacuated from their homes in the greater Paris region, according to police, while around 1,500 homes were without electricity.

“Due to the spread of flooding to different tributaries, the level of the Seine in Paris will continue rising again on the weekend,” said Vigicrues, adding that highest level would last for about 10 hours before slowly going down.

The extent of the rising water levels was evident from the Seine lapping half way up the Zouave statue of a Crimean soldier on the Pont de l’Alma bridge.

DUCKS INSTEAD OF CARS
It was enough to worry Joao de Macedo, janitor at a residential building in Paris’s upscale 16th Arrondissement.

“There are six studios in the basement, and we’ve had to set up blocks outside to keep the windows from breaking and covering everything in water,” he said.

Inside the studios, tables and dressers have been lifted off the floor as water seeps through the walls.

Outside, where the river was nearly lapping the tyres of parked vehicles, a young woman said it was “great to see ducks instead of cars.”

The December-January period is now the third-wettest on record since data collection began in 1900, according to France’s meteorological service.

However, fears of flooding like that of 1910, which saw the Seine rise to 8.62 meters, shutting down much of Paris’ basic infrastructure, appeared unfounded.

More favorable weather is expected for the week ahead, and Vigicrues has lowered its warning level from orange to yellow in several areas upstream of the capital.

But even once the water levels start to recede, forecasters and officials say it will be a slow process, since much of the ground in northern France is already waterlogged.

“If we’re talking about things going completely back to normal, that’s going to take weeks,” said Jerome Goellner, regional head of environmental services.

A main commuter line, the RER C, has halted service at Paris stops through Wednesday, and some expressways that run alongside the Seine have been closed.

In Paris the Seine flows through a deep channel, limiting the potential flooding damage to riverside structures.

But several areas on the city’s outskirts are under water, such as the southern suburb of Villeneuve-Saint-Georges, where some residents were getting around by boat and dozens have been evacuated from their homes. — AFP

VP Robredo welcomes consultative group on charter change

 

VICE-PRESIDENT Maria Leonor G. Robredo, whose position could be dissolved with a shift to a federal form of government, has welcomed the consultative commission created by President Rodrigo R. Duterte to review the 1987 Constitution. “Very welcome na development ito,” Ms. Robredo said during her weekly radio program BISErbisyong Leni, adding that the formation of the group eases concerns and the impression that the proposed charter change is being rushed by the administration. Ms. Robredo also said that open and public discussions, such as the Senate hearing last Jan. 18, would help form the people’s decision when the proposal is put to a referendum. The consultative committee, created on Jan. 25, is headed by former chief justice Reynato S. Puno and is composed of 18 members who are justices, lawyers, and political science experts. — Minde Nyl R. dela Cruz

Fitch upgrades Landbank, DBP credit ratings anew

FITCH RATINGS upgraded state-owned Land Bank of the Philippines (Landbank) and Development Bank of the Philippines (DBP) to a notch above the minimum investment grade after reassessing the government’s capability to support the lenders.

The long-term issuer default ratings (IDRs) of Landbank and DBP were upgraded by a notch to “BBB” from the minimum investment grade of “BBB-” given last month, with a “stable” outlook.

In a statement last Friday, Fitch said the IDR upgrades of Landbank and DBP stemmed from its “reassessment of the government’s propensity to support the banks,” which led to the upgrade of the banks’ support rating floors (SRFs) as well.

IDRs are being issued by Fitch to economies and financial institutions such as banks and insurers to assess the capability of the entity to pay its financial obligations.

Fitch said in its statement that the lender’ roles appear to have been expanded and were made clearer after the pronouncements of President Rodrigo R. Duterte’s administration.

“This raises our expectations for the state to provide support to the banks in times of need to enable them to carry out their objectives in support of government policy,” Fitch said.

Two weeks ago, Overseas Filipino Bank (OFB) was launched after Landbank absorbed the state-owned Philippine Postal Savings Bank in late 2016, and was ordered to be converted into OFB.

The government has also previously proposed to make DBP the country’s infrastructure bank.

“Both declarations are in line with the administration’s policy agenda, which includes improving the nation’s infrastructure base and better catering to the needs of overseas Filipinos,” Fitch said.

Meanwhile, Fitch said negative rating actions could arise should the government reduce its ownership in the banks or its mandated roles diminish — something Fitch sees as “unlikely in the near term.” — KANV

Nation at a glance — (01/29/18)

News stories from across the nation. Visit www.bworldonline.com (section: The Nation) to read more national and regional news from the Philippines.

How much have wages increased for salary workers?

Are employee pension plan payouts taxable?

For most employees, pension plans are their post-retirement safety nets, helping ensure that they have enough resources to live comfortably in their golden years. While plans can have different policies and provisions, one common question that arises in taxpayers’ minds is whether their “nest eggs” are subject to income tax?

The proverbial but technical answer is — IT DEPENDS. The taxability of the payouts from employee pension plans depends on a number of factors, including the nature of the payout.

In general, benefits are taxable.

Section 60 (B) of the Philippine Tax Code, as clarified by Revenue Memorandum Circular (RMC) No. 39-14, provides that the entire amount of benefits paid by a pension, stock bonus or profit-sharing plan of any employer for the benefit of employees, is taxable on the part of the employees in the year so distributed.

The same RMC explained that for non-contributory pension plans, the dividends distributed by the pension fund to the covered employees are subject to income tax in the year so distributed. If the employee covered by the pension fund resigned and received benefits from the fund that do not qualify as tax-exempt separation or retirement benefits, the entire amount of benefits received is subject to income tax in the year so distributed.

For contributory pension plans, where the employee also contributes to the plan, the RMC states that dividends distributed to the covered employees do not constitute a return of the employees’ voluntary contributions; hence, they are subject to income tax in the year so distributed.

Return of employee’s personal contributions and retirement benefits may be tax-exempt.

Under RMC No. 39-14, it was made clear that payouts representing a return of an employee’s personal contributions to the fund are not taxable. Retirement benefits may also qualify as exempt from income tax when the conditions under the Tax Code are satisfied.

AN ILLUSTRATION
If an employee contributed a total of P60,000 to the pension fund and upon his resignation received benefits from the fund in the amount of P300,000 that do not qualify as tax-exempt separation or retirement benefits, the P60,000 constitutes a return of his contribution to the fund and is exempt from income tax. However, the P240,000 that the employee received in excess of his contribution (P300,000 less P60,000) is subject to income tax in the year so distributed.

Any income or earnings from investments of the pension fund, such as dividends, are taxable to the employee-member in the year so distributed if the distribution is effected before his retirement from the company. On the other hand, upon the retirement of the employee and in accordance with Section 32 (B) (6) of the Tax Code, the total benefits which the employee shall receive consisting of his personal contributions, the employer’s counterpart contributions and the income of the fund to which the employee is entitled and is distributed to him shall be exempt from income tax. [BIR Ruling DA-(TSF-016) No. 542-08 and BIR Ruling DA No. 377-04]

REQUIREMENTS FOR EXEMPTION
Section 32 (B) (6) of the Tax Code outlines the following requirements for retirement benefits received by officials or employees of private companies to be tax-exempt:

1. The benefits received must be in accordance with a reasonable private benefit plan maintained by the employer;

2. The retiring official or employee must have been in the service of the same employer for at least 10 years and the employee should be at least 50 years old at the time of his retirement; and

3. Such tax exemption privilege on retirement benefits must be availed of by an official or employee only once.

Revenue Regulations (RR) No. 1-68, the Private Retirement Plan Regulations, as amended by RR No. 1-83, specifically requires that before availing of the privileges afforded by pension, gratuity, profit sharing, or stock bonus plans, the employer must first obtain a BIR certification or ruling to the effect that the qualification of the plan for tax exemption has been determined. Thus, it is important that the employer secures from the BIR a certification of qualification or a ruling, which shall then serve as a basis that the company’s retirement plan indeed qualifies as a reasonable retirement plan, which is an essential element for tax exemption.   

Likewise, in the absence of any retirement plan, retirement benefits received by employees under Republic Act (RA) No. 7641 are also exempt from income tax under Section (B) (6) of the Tax Code.

RA 7641 provides that any employee may be retired upon reaching the retirement age established in a collective bargaining agreement or other applicable employment contract. In the absence of a retirement plan or agreement providing for retirement benefits of employees in the establishment, an employee upon reaching the age of 60 years or more, but not beyond 65 years which is declared as the compulsory retirement age, and who has served at least five (5) years in the said establishment, may retire and shall be entitled to retirement pay equivalent to at least one-half (1/2) month salary for every year of service, a fraction of at least 6 months being considered as one whole year.

While the above discussion outlines the possible exemption of payouts from employees’ pension plan, the tax implications on how these payouts will be spent, invested and enjoyed could also prove to be interesting.

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 authors and do not necessarily represent the views of SGV & Co.

Jim R. Macatingrao is a Tax Partner of SGV & Co.

How PSEi member stocks performed — January 26, 2018

Here’s a quick glance at how PSEi stocks fared on Friday, January 26, 2018.