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How does the Philippines fare in terms of tax compliance?

How PSEi member stocks performed — June 27, 2018

Here’s a quick glance at how PSEi stocks fared on Wednesday, June 27, 2018.

Sugary drinks makers told to have warning labels ready by August

THE GOVERNMENT will establish a warning label scheme for “high sugar” drinks in a bid to reduce consumption of these products, with manufacturers on notice to be ready to comply by August.
Department of Trade and Industry (DTI) Secretary Ramon M. Lopez said Wednesday that he was meeting the Food and Drug Administration (FDA) and private stakeholders to thresh out the rules and hear concerns from drinks manufacturers.
“We will select the products that will be included and what kind of warning will be included in the label,” Mr. Lopez told reporters in Pasay City on Wednesday, adding that the manner of labeling has yet to be discussed.
President Rodrigo R. Duterte has called for “more obvious” warnings in the packaging of these products.
The agency proposed to the FDA, which is responsible for product label rules, that the warning include the estimated sugar content in grams on a per-serving basis, instead of the current standard showing a drink’s sugar content within the container.
The agencies will be reviewing all forms of sugary drinks — ready-to-drink, powdered, and drinks prepared from concentrate. The release of the list of companies that will be required to comply will be out soon, he said.
Mr. Lopez noted that he expects two months to be sufficient for manufacturers to comply. As such, he expects the food industry to have their new labels ready by August.
Asked if the warnings will dampen demand for sugar-sweetened products, Mr. Lopez said: “There will probably be an effect,” but noted that soft drinks buyers continue to purchase these drinks despite higher excise taxes. — Janina C. Lim

Bulacan airport concession terms under review

THE GOVERNMENT is readying the concession terms for the proposed P735-billion airport in Bulacan, the National Economic and Development Authority (NEDA) said.
“The draft concession agreement has been submitted to us by the DoTr (Department of Transportation), which means that it had been agreed by the two parties,” NEDA Undersecretary Rolando G. Tungpalan said in a briefing yesterday, when asked about the progress of San Miguel Corp.’s unsolicited proposal for the Bulacan International Airport.
However, he said that it has to be further reviewed by an inter-agency committee and the NEDA Board, before it enters the Swiss challenge stage.
He added that the NEDA does not have a timeline for when the government can proceed with the bidding.
“The draft concession agreement for the Bulacan airport is now under review by an interagency group. If the draft is consistent with what NEDA Board has approved, then we can proceed to the Swiss challenge,” he said.
“We cannot put a firm deadline (on the process) because we do not want to preempt other issues, but basically the review entails compliance with the directives of the ICC (Investment Coordination Committee), but it should not be handed over in an extended timeframe,” said the NEDA official.
NEDA Assistant Secretary Jonathan L. Uy added: “Essentially, after approval by the NEDA Board of the Bulacan airport proposal, the condition was to refine the concession agreement — in relation to the risk allocation and the other real contingent liability aspect of the proposal.”
The project was approved by the NEDA Board — chaired by President Rodrigo R. Duterte — in April, subject to the condition of another approval round for the concession agreement to address concerns about the proponent’s financial and technical capability to deliver.
San Miguel has said that it can implement the project without a financing partner.
The project involves the construction, operation, and maintenance of a 2,500-hectare airport in Bulakan, Bulacan, that features an 8.4-kilometer airport toll road that can accommodate 100 million passengers per year.
Since the project is an unsolicited proposal, the bidding process will undergo a Swiss challenge, under which other firms can submit counter-offers, which the original proponent has the option to match. — Elijah Joseph C. Tubayan

Cities hoping to tap fund to improve open spaces

ABOUT 100 cities submitted proposals to tap a special fund for “green” infrastructure, the Department of Budget and Management (DBM) said on Wednesday.
“Currently, 100 cities are now processing their project proposals out of the 143 that submitted their expression of interest to avail of the funding,” Budget Secretary Benjamin E. Diokno said yesterday in a briefing.
The DBM opened a P2.59-billion Local Government Support Fund for cities in 2017 to support “the development of their respective open spaces” of the country’s 145 cities.
These include the enrichment of open space, creating sustainable and livable urban environments through turfing, landscaping, and green space architecture; establishment of forest parks and botanical gardens; transformation of streetscapes by installing eco-friendly street furniture and fixtures, and shading; augmentation of connectivity and accessibility, such as construction of eco-friendly bike lanes and walkways; and green infrastructure enhancements, such as tree planting, construction of bioswales and pervious surfaces.
The DBM started to conduct technical workshops — led by the agency’s assistance to cities program manager Julia C. Nebrija — in March, for best practices, policies, and other procedures for implementing the program.
Ms. Nebrija said that there are currently 10 proposals for new government centers, 20 public squares and plazas, 52 parks, 25 waterfronts, and 13 streets, among others.
“We expect to completely release the funding within the third quarter of this year, as long as they can complete technical requirements,” Ms. Nebrija said.
The DBM official also presented some key development projects such as a plaza rehabilitation in San Juan City; a park redevelopment in Marikina City; a park, plaza, and port in Dagupan City; a new park in Valenzuela City; river esplanades in the cities of Bacoor, Dasmariñas, Bago, Malabon, and Parañaque; a wet park in Iligan City; mangrove parks in the cities of Mandaue and Masbate; a streetscape project in Quezon City; a historic downtown redevelopment project in Antipolo City; a waterfront boulevard redevelopment project in Zamboanga City; and a nature park in Caloocan City.
Ms. Nebrija also said that the Pasig River Convergence Program is still on track with the construction and rehabilitation of 17 ferry stations along Pasig River before year’s end.
“We just finished the budgeting, we’re just trying fo finalize the different programs that we are supporting, and the agencies part of the technical working group,” she said.
“We’re working with NEDA (National Economic and Development Authority), and have a feasibility study. We are looking at the improvements for December. Our target is to improve the ferry service by December. We’re looking at improvements on the vessels and the stations, it will be rolling out sometime in September,” added Ms. Nebrija. — Elijah Joseph C. Tubayan

DSWD says no basis for DA claim that cash transfers make beneficiaries idle

THE Department of Social Welfare and Development (DSWD) said the Department of Agriculture’s (DA) plan to use cash transfers on farm livelihood projects will take away funding that keeps poor children in school and encourages their families to go for regular health checks.
The DSWD said the cash transfer program, known as the Pantawid Pamilyang Pilipino Program (4Ps), currently gives poor families with children in school P300 per child per month, up to P900; and P500 per month for doctor visits for children and pregnant women.
DSWD Acting Secretary Virginia N. Orogo said in a briefing at Malacañang on Wednesday that she met with Agriculture Secretary Emmanuel F. Piñol to explain where the 4Ps money goes.
In a statement last month, Mr. Piñol said: “My proposal is to use the same amount of money for livelihood projects (to make) 4Ps beneficiaries productive, instead of just (receiving) cash assistance with very little supervision from government.”
He added there should be “a timetable on how long a family would receive livelihood assistance from the government.”
“Under the 4Ps cash grant program, it seems like families who are listed under the program could receive the benefits forever. This deprives other families who also need support from government from benefitting from the program,” Mr. Piñol said.
06.13 Fast Facts_Poverty
The 4Ps cash grants, according to Mr. Piñol, “have taken away from ordinary people the drive to work, especially in the countryside, where many beneficiaries just wait for their cash grants rather than look for other income-earning opportunities. The result of this is very low agricultural and fisheries productivity. I know that the 4Ps issue is a very touchy and controversial issue, especially among our political leaders. Many other political leaders share my views and thoughts on the amount of money being splurged by government on the program which could have been used for productive endeavors.”
Asked to comment on Mr. Piñol’s plans, Ms. Orogo said she has “never encountered a family that has become idle and dependent” after receiving about P1,400 a month.” — Arjay L. Balinbin

PHL driving regional growth in hair care products — GlobalData

CONSUMERS in Indonesia and the Philippines are spending more on skin care and hair products amid buoyant disposable incomes, with the two countries driving regional growth in the segment, GlobalData said.
The cosmetics and toiletries (C&T) industry in the Asia-Pacific region was valued at $119.9 billion in 2017, driven by growing markets in the Philippines and Indonesia.
“Rising disposable income and image consciousness among the consumers are boosting demand for cosmetics and in turn translating to a surge in spend and market opportunities in the Asia-Pacific (APAC) region, particularly in Indonesia and the Philippines,” GlobalData Consumer Research and Analysis Director Sumit Chopra was quoted as saying in a statement.
Filipino customers in particular were seen favoring hair care products, which was the largest segment of the country’s C&T industry last year. GlobalData noted that 77% of Filipinos rely on time-saving products and services, pushing demand for hair products with multiple benefits.
“Products with natural ingredients are gaining popularity in the Philippines as they are perceived to be better for you. Filipinos also like to experiment with new and unusual scents when choosing beauty/grooming products,” Mr. Chopra said.
The entire regional hair care sector was valued at $24 billion in 2017.
Meanwhile, skin care sector was the largest single segment with a value of $64 billion, with a compound annual growth rate projected at 6.3% from 2017 to 2022.
The demand for skin care products was most pronounced in Indonesia, particularly anti-aging products.
“Image-conscious Indonesians are increasingly looking for anti-aging and other products which enhance their appearance, prompting manufacturers to launch products with anti-aging claims. Rising disposable incomes are boosting demand for premium cosmetics,” Mr. Chopra said.
GlobalData also noted that consumers are considering traditional and religious considerations behind the product, including halal certification in Indonesia.
“While introducing cosmetic products in APAC, manufacturers need to take the traditional/religious and ethical beliefs of a country into consideration. Capitalizing on the rising standard of living in the region, they should launch premium products, which offer an enhanced experience,” Mr. Chopra said. — Arra B. Francia

Power sales by co-ops rise 11% in Q1

ELECTRIC cooperatives recorded an 11% increase in power sales during the first quarter to 4,924 gigawatt-hours (gWh), about half of which was consumed by the residential sector, the National Electrification Administration (NEA) said on Wednesday.
Residential consumers used 2,506 gWh or 51% of the total sales during the first three months. The commercial sector was the second-biggest user with 1,187 gWh or 24%.
“These data show an upward trend in the demand for electricity in the rural areas, a positive surge in economic activity, including those in production, manufacturing and consumer trade being catered to and aptly provided by electric cooperatives in the past year,” said NEA Administrator Edgardo R. Masongsong in a statement.
He said the increase in electricity sales reaffirmed the significance of the electric cooperatives in driving rural economic growth. The state-run agency is mandated to energized the country’s rural areas.
In its report, NEA said data show electricity sales to the industrial sector reached 881 gWh or 18% of the total, while power sold to public buildings was at 268 gWh or 5% of the total. Other users accounted for 82 gWh or 2%.
Of the total sales, 2,371 gWh or 48% was transacted in Luzon, 1,164 gWh or 24% in the Visayas, and 1,389 gWh or 28% in Mindanao.
“These numbers, while showing a direct correlation between the services of the electrification sector and national growth, also validate our contention that ECs drive the rural economy and continue to immensely contribute to the country’s impressive numbers, despite challenges, as far as economic fundamentals are concerned,” Mr. Masongsong said.
NEA said to date, its partnership with 121 electric cooperatives has energized more than 12 million households across the country.
“About 19,740 sitios, however, still do not have access to electricity. Of these, 1,702 sitios are identified as ‘off-grid’ found mainly in Mindanao with 1,003, followed by Visayas with 557, and Luzon with 142,” it said. — Victor V. Saulon

DTI to embed business dev’t officers at barangay level

THE Department of Trade and Industry (DTI) hopes to expand the reach of its livelihood initiatives by embedding business development officers at the barangay level, Secretary Ramon M. Lopez told reporters Wednesday.
In a mobile message to reporters, he said the program will designate business development officers for each barangay. The DTI will train and equip them to help people in their communities better understand and take advantage of the DTI programs.
“It is like having a barangay negosyo clinic so awareness of and access to DTI seminars/training, info on P3 (Pondo sa Pagbabago at Pag-asenso program) microfinancing, and linkages to nearest Negosyo centers will be facilitated,” the Trade chief added.
The P3 program is the government’s flagship loan program for micro, small and medium enterprises, giving them a more affordable alternative to usurers.
Meanwhile, Negosyo Centers help with business registration and facilitate access to other services.
“We will work out this arrangement with DILG [Department of Interior and Local Government] and the league of barangays,” Mr. Lopez added.
According to the DILG , the country has 42,036 barangays across 16 regions. — Janina C. Lim

Unlocking the BIR’s ‘Oplan Kandado’ program

As the main revenue-collecting agency, the Bureau of Internal Revenue (BIR) is tasked to collect a total of P2.039 trillion in tax revenue this year to fund the government’s “Build, Build, Build” program. It was able to surpass its first-quarter collection target by approximately 17%, collecting P422.587 billion above its target of P361.767 billion.
The implementation of the TRAIN Law may have largely contributed to the increased tax collection, but some credit may also go to the BIR’s intensified collection efforts through its stringent tax compliance programs.
One particular program that the Bureau has been aggressively using these past few years (and arguably the most feared by taxpayers) is “Oplan Kandado.” Introduced in 2009 through a Revenue Memorandum Order (RMO), Oplan Kandado aims not only to maximize the degree of voluntary compliance among taxpayers, but also to deter Tax Code violations.
True to the program’s moniker, it imposes heavy administrative sanctions on offenders, such as suspension and temporary closure of the taxpayer’s business. The RMO even provides that the operations be widely publicized in certain instances through press releases or conferences, and if possible, via televised coverage — a total nightmare for any taxpayer. The intention is for the program to create a lasting impact on the public, particularly erring taxpayers.
In February, a transport network vehicle service (TNVS) paid P41 million in taxes by way of reparations under Oplan Kandado. Just recently, more and more establishments, including a popular lechon restaurant in Quezon City, were shut down by the BIR due to alleged nonpayment of value-added tax (VAT). The clampdown may be due to the integration of the program as part of the BIR officials’ key performance indicators in 2017.
Oplan Kandado’s mandate is anchored on Section 115 of the Tax Code which gives the Commissioner of Internal Revenue (CIR) or his authorized representative the power to suspend business operations due to violations of any of the following essential VAT requirements: (1) Failure to register for VAT as required; (2) Failure to issue receipts or invoices; (3) Failure to file a VAT return and pay the tax due; and (4) Understatement of taxable sales or receipts by 30% or more.
Oplan Kandado starts with the issuance of a Mission Order from the BIR, authorizing revenue officers to conduct surveillance on a taxpayer’s operations, overtly or covertly, within a period of 10 to 30 days (unless extended in writing). In covert surveillance, the BIR officials may issue an Apprehension Slip on the spot if the taxpayer is caught in the act of not issuing official receipts/invoices, or issuing official receipts/invoices that are not registered with the BIR.
If after the conclusion of the surveillance the BIR finds basis for the closure of the business establishment, the taxpayer is sent a notice giving him the opportunity to explain “under oath” within 48 hours why the business should not be closed. If the taxpayer fails to respond within 48 hours or the BIR deems the explanations insufficient or unjustified, a five-day VAT Compliance Notice (VCN) shall be issued.
The taxpayer is given only two days to respond to the VCN. Upon receipt of the taxpayer’s response, the five-day VCN shall be deemed suspended and shall only resume upon receipt of the BIR’s reply/resolution finding the taxpayer liable.
Should the taxpayer refuse or neglect to submit an explanation within the prescribed two-day period, the BIR shall issue a Closure Order as approved by the CIR. To effect the Closure Order, the BIR will padlock the entrance and place a sign that the establishment is closed due to nonpayment of taxes or for other violations of the VAT rules and regulations. The closure of a business establishment shall be for a period of not less than five days and/or until the violation is rectified. In some cases, immediate or partial compliance may be considered sufficient basis to lift the closure.
The closure of an establishment, even if temporary, can result in significant financial and reputational repercussions, more so if the closure is publicized through mass media. Thus, many taxpayers choose to comply with the tax findings contained in the VCN rather than risk negative publicity that could mar their reputation.
Given the drastic measures employed by the program, how can taxpayers defend themselves when faced with Oplan Kandado findings? Consider the following steps:

1) Make sure that there is a valid Mission Order authorizing the revenue officers to conduct the surveillance.

2) Once a 48-hour notice is issued, ensure that the written reply is duly notarized and properly addressed the findings stated in the notice.

3) If a five-day VCN is issued, check if it contains the details of the findings of the investigating officer and if it states the particular provision of the Tax Code that was violated and for which rectification should be done.

4) Respond to the five-day VCN within two days from receipt, and/or comply with the terms of the VCN showing blatant violations (e.g. comply with the registration requirements in case of failure to register as VAT taxpayer).

Even under ideal conditions, both taxpayers and the BIR undeniably face difficulties with Oplan Kandado. While there are minor issues that can easily be resolved to prevent the closure of business establishments, in some cases, there are also complex issues that may require more than the allotted two-day period for compliance. For instance, what if the findings involved alleged nonpayment of VAT, while the taxpayer argues that it is not liable for VAT in the first place? Worse is if the taxpayer has already been slapped with a Closure Order while the issue remains the subject of a legal battle.
For many taxpayers, two days is too short a time to properly address tax findings and collate the supporting documents. Regrettably, some opt to just pay the deficiency tax assessments as an easy way out to avoid setbacks and other detrimental repercussions on their business operations. As a tax practitioner and a Filipino, I am pleased when the government meets (and exceeds) its revenue targets. However, I look forward to the day when such targets are achieved through voluntary payments by compliant taxpayers and through programs that are reasonably implemented to support the growing business community in the Philippines.
The views or opinions presented in this article are solely those of the author and do not necessarily represent those of Isla Lipana & Co. The content is for general information purposes only, and should not be used as a substitute for specific advice.
 
Kathrine Joy Capales is an Assistant Manager at the Tax Services Department of Isla Lipana & Co., the Philippine member firm of the PwC network.
+63 (2) 845-2728
kathrine.joy.capales@ph.pwc.com

Inflation, taxation, and protectionism

Fans, allies, and supporters of Dutertenomics continue to cite high world oil prices as the reason for the Philippines’ rising inflation rates.
As expected, they maintain that tax hikes imposed by the newly implemented revenue legislation — Tax Reform for Acceleration and Inclusion (TRAIN) — have little impact on inflation.
The numbers for many countries say otherwise.
All countries were affected by high world oil prices but only a few of them have introduced higher taxes starting January 2018, unlike the Philippines. The result is indeed ugly for Dutertenomics to accept (see table).
Inflation Rate
Even with these results, certain adjustments — if implemented — will have additional inflationary pressures.
These include:
One, fare hikes on public land transportation such as jeepneys, taxi, ride-hailing vehicles, UV expresses, and buses.
Owing to higher oil prices combined with increased taxes, several vehicle operators may be forced to cut costs elsewhere — buying cheaper spare parts, for instance — if they aren’t given the chance to raise fares, at least until end-2018.
Two, wage hikes by many companies that are reeling from the uncertainties of TRAIN 2 on the removal of various fiscal incentives.
Three, another round of oil/LPG/coal tax hikes by January 2019 or half-year away.
One option that Dutertenomics and its allies has not seriously considered is the reduction of VAT from 12% — the highest in ASEAN, higher than those in Japan, South Korea, Taiwan, China, Australia — and reduce the number of exempted sectors. Prosperous Hong Kong has zero VAT or gross sales tax (GST); Malaysia has also abolished its 6% GST as a result of Mahathir’s campaign promise. Cutting VAT from 12% to 8% (Taiwan has only 5%, Singapore has 7%, Japan has 8%) or even 10% will be a good anti-inflation policy.
On the positive side, Dutertenomics is pushing for the abandonment of rice protectionism this year, liberalizing trade imports by converting quantitative restrictions into lower tariff, no cap or maximum on rice importation. They project that rice prices can go down up to P7/kilo and hence, food inflation will follow.
This is a good move but pushed rather late instead of being legislated side by side with TRAIN 1. But it is better late than never.
Besides rice, government should also consider freer trade in many other commodities — clothes, shoes, appliances, gadgets and consumer electronics, oil, etc.
And we go to the subject of protectionism.
To stop or reduce all those accusations of who’s protectionist, (1) everyone or all countries should go for zero or near-zero tariff, zero or near zero subsidy, and minimal non-tariff measures/barriers (NTM/NTBs). And (2) let this demand will come from us, consumers, not from Trump or any head of state or politician.
Free trade, zero or near-zero tariff, is beautiful and is currently done by 10 member countries within the ASEAN, done by 28 member countries within the European Union (EU).
Free trade means cheaper commodities — cheaper food and medicines, cheaper oil and gas, cheaper mobile phones and computers, cheaper cars and motorcycles, etc. — and low inflation (even deflation for some), more consumption of more goods by the people.
On the global scene, here is one example.
Tariff rates on imported cars are 25% in Canada, 10% in the EU, and 2.5% in the US.
When Trump challenged equalized zero tariff for all, the others got angry. When Trump challenged equalized high tariff, the others remained angry.
So one big problem is that while people enjoy more choices via free trade, they also produce all sorts of protectionist excuses why free trade cannot be done in their country then lambast some leaders and countries for being protectionist. Double talk and trade hypocrisy is very evident here.
There are net gains (positives outweigh the negatives) from free trade and there are net pains from protectionism.
 
Bienvenido S. Oplas, Jr. is President of Minimal Government Thinkers, a member-institute of Economic Freedom Network Asia.
minimalgovernment@gmail.com.

Can we move towards sufficiency-driven consumption and business models?

“Greed, for lack of a better word, is good.”

— Gordon Gekko,
from the movie Wall Street

Traditional or mainstream businesses and managers prioritize self-interest and maximize profits with little regard for their stakeholders and the environment. In creating products, they externalize some of the costs and impact of production to the detriment of other stakeholders.
For example, manufacturers of technology-driven items such as smartphones and tablets employ a “planned obsolescence” strategy, de-optimizing the performance of older-generation phones so that customers become dissatisfied and look for the next big thing. Even with start-ups, founders and capitalists eager to make big bucks and inflate valuations have encouraged fast growth with little regard for stakeholders and business constraints.
Meanwhile, mainstream consumers are encouraging these unwanted business behaviors by always searching for the lowest prices even if these negatively impact business suppliers. Furthermore, the consumers’ constant pursuit of the shiny and new, of the new toy that signals prestige, rewards planned obsolescence.
On his blog, renowned marketer and author Seth Godin laments how consumers know what they need, but demand what they want.
For example, we crave tasty fried chicken over slowly prepared healthy viands. Such is the curse of greed combined with instant gratification! And businesses and consumers are equally responsible.
In this context, we can see how greed drives traditional management and consumption. Although Gordon Gekko exclaimed in the movie that greed is good, pursuing true sustainability means that greed cannot shape business and customer decisions.
What, then, is the alternative?
Bocken and Short, in a 2016 article entitled “Towards a sufficiency-driven business model” published in the journal Environmental Innovation and Societal Transitions, advocate that sufficiency should drive how firms design their business models as well as how customers consume products. Sufficiency pertains to creating (on the firm’s side) and consuming (on the customer’s side) adequate amounts, or only what is enough for one’s needs.
What do sufficiency-driven business models and consumption look like?
Some examples we are familiar with are those that take advantage of the sharing economy, such as Airbnb, Grab, and Uber.
With these services, consumers do not have to own property or cars, but instead “share” with other consumers and rent them as needed. Another example is items that have long lives. Instead of buying cheap fluorescent bulbs that last about 10,000 hours, consumers can buy LED lights that they can use up to 100,000 hours. Some engineers are also looking at modular smartphones that will allow consumers to replace only the parts they want/need to replace instead of disposing of the whole item.
However, shifting towards a sufficiency-driven business model requires innovating business models (such as those done by Airbnb, Grab, and Uber) and educating consumers to not look at price at face value (buying cheap items multiple times versus investing in high-quality items). Consumption patterns must change, but it will take effort from both companies and customers to realize the promises of sufficiency.
If we really want true sustainability, we — consumers, businesses, and other stakeholders — should create an ecosystem of sufficiency by supporting and taking care of each other’s needs as they arise. In essence, the principle of sufficiency invites us to go back to the time before greed powered our behavior. As Mahatma Gandhi said:
“Earth provides enough to satisfy every man’s need, but not every man’s greed.”
 
Patrick Adriel H. Aure is an Assistant Professor at the Management and Organization Department, Ramon V. Del Rosario College of Business, and head of the Social Enterprise Research Network of the Center for Business Research and Development at De La Salle University.
patrick.aure@dlsu.edu.ph

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