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Yields rise after BSP revises inflation anew, hawkish Fed

YIELDS on government securities edged higher last week as the Philippine central bank revised higher its inflation forecasts and as the US Federal Reserve signaled its massive bond-buying taper as early as November.

Bond yields, which move opposite to prices, rose by a week-on-week average of 5.38 basis points (bps), based on PHP Bloomberg Valuation Service Reference Rates as of Sept. 24 published on the Philippine Dealing System’s website.

Local bond yields increased across the board last Friday from their close on Sept. 17, except for the six-month paper, which declined by 1.15 bps to fetch 1.3717%. Meanwhile, yields on the 91- and 364-day notes went up by 0.87 bps and 2.74 bps, respectively, to 1.1215% and 1.6602%.

At the belly of the curve, rates of the two-, three-, four-, five, and seven-year bonds inched up by 0.87 bps, 3.97 bps, 7.57 bps, 10.18 bps, and 10.95 bps, respectively, to yield 1.9427%, 2.3155%, 2.6890%, 3.0651% and 3.7203%.

Long-date papers likewise increase as yields on the 10-, 20-, and 25-year notes grew by 14.3 bps (to 4.3406%), 3.87 bps (5.0640%), and 4.96 bps (5.0557%).

ATRAM Trust Corp. Head of Fixed Income Jose Miguel B. Liboro said local bond yields traded marginally higher initially on the back of the seven-year bond auction from the Bureau of the Treasury (BTr).

“Demand was healthy with more than 2x bid to cover and the auction was fully awarded. Local rates were steady heading into the BSP Monetary Board meeting. Policy rates were held steady as largely expected,” he said in an e-mail interview.

A bond trader said in a separate e-mail interview last week’s yield rally was due to hawkish expectations ahead of the US Federal Reserve policy meeting, while market participants have highly expected that the Bangko Sentral ng Pilipinas (BSP) will keep its policy settings unchanged.

“Participants mainly remained cautious [ahead of the Fed meeting] but anticipated strong upside in yields,” the bond trader said.

“However, the notable upward revisions in the local central bank’s inflation forecasts have driven yields higher on Friday,” the trader added.

The Treasury fully awarded the P35-billion reissued seven-year bonds, with a remaining life of six years and 10 months, on Tuesday as yields climbed due to rising inflation.

Bids for the bonds reached P76.128 billion, more than twice the P35-billion offer, prompting the BTr to open the tap facility for an additional P5 billion.

Average rate for the paper climbed to 3.826%, 3.7 bps higher than 3.789% seen in the previous auction.

Meanwhile, the BSP’s Monetary Board maintained for its seventh consecutive meeting the benchmark policy rate at record-low 2% on Thursday to allow the momentum of economic recovery to gain more traction by helping boost domestic demand and market confidence.

Overnight deposit and lending rates were also kept at 1.5% and 2.5%, respectively.

The Philippine central bank also sees consumer prices to rise faster in the next few years amid low supply.

It pencils in an inflation rate of 4.4% this year, revising upward from its 4.1% estimate the central bank gave last month. Inflation estimates were also raised to 3.3% and 3.2% for 2022 and 2023 from 3.1% forecast for both previously.

Offshore, the Federal Reserve turned hawkish on Wednesday after it signaled it will likely begin winding down its $120-billion monthly bond buying as early as November as long as the US jobs growth through September is “reasonably strong,” Reuters reported.

At the same time, interest rate increases may follow more swiftly than expected as the US central bank’s turn from pandemic crisis policies gains momentum.

“Buying sentiment turned very defensive in the local bond market on Friday after US Treasury rates shot up suddenly after the US Fed’s Open Market Committee meeting,” Mr. Liboro said.

“Somehow, expectations of higher US yields could indirectly drive local yields higher through a stronger dollar and might present some upward pressure on local inflation,” a bond trader said.

After Fed Chair Jerome C. Powell hinted at the November start of the bond-buying taper, “the bond market will continue to anticipate for higher yields moving forward as the US central bank finally acknowledged the need to taper its asset purchase program amid an improving US economy,” the trader said.

For this week’s trading session, Mr. Liboro expects investors to remain defensive heading into the BTr’s 10-year auction on Sept. 28, given the higher movement in global bond yields.

“The 10-year bond auction will set the tone for [this] week…,” he said. “Depending on where the BTr is comfortable awarding, we believe that there is value on the 10-year bond space at 4.5% or higher.”

The Treasury will offer P35-billion reissued 10-year papers — with remaining life of nine years and nine months — on Tuesday with coupon rate of 4%.

For the bond trader, local yields might continue their upward trajectory next week, as the upward revisions in the local inflation projections from the BSP could push yields higher.

“Moreover, likely strong US economic reports on inflation and GDP (gross domestic product) could also reinforce the latest hawkish guidance from the Fed. Some domestic reaction from higher inflation projections by the BSP is also expected to increase bond yields,” the trader added. — Abigail Marie P. Yraola

Looser lockdown, approval of P20-B preferred shares issuance lift Jollibee’s stock price

By Ana Olivia A. Tirona, Researcher

IMPROVED market sentiment drove up Jollibee Foods Corp.’s share price last week due to the gradual reopening of the economy as well as news of the fastfood giant’s approved preferred shares.

A total of 3.43 million Jollibee shares worth P686.13 million were traded from Sept. 20 to 24, data from the Philippine Stock Exchange (PSE) showed.

The homegrown restaurant group closed at P202 apiece on Friday, up 2.5% from the P197 close in Sept. 17. Compared with the first trading day of the year, its stock price has grown by 3.9%.

In an e-mail interview, China Bank Securities Corp. Research Associate Zoren Philip A. Musngi said the stock’s price benefited from the “market-wide bullishness” of traders as quarantine levels eased down in the National Capital Region (NCR) — which now allow restaurants to accommodate dine-in customers at a capacity.

Meanwhile, Timson Securities, Inc. Trader Darren Blaine T. Pangan said market players reacted positively to the approval of Jollibee’s shelf registration of P20-billion perpetual preferred shares.

“Traders may have felt optimistic about this, because apart from using the proceeds to partially finance the redemption of their senior perpetual securities, the proceeds may also be used for store expansion,” Mr. Pangan said in a Viber message.

In a statement on Sept. 17, the Securities and Exchange Commission (SEC) approved 20 million cumulative, nonvoting, non-participating, nonconvertible and redeemable perpetual preferred shares of Jollibee priced at P1,000 each, which may be issued in tranches within three years. The shares will be listed and traded on the main board of the PSE.

For its initial issuance, Jollibee will offer P8-billion worth of preferred shares with an overallotment option of up to P4 billion. Its public offering is slated for Sept. 28 to Oct. 4.

The company may net up to P11.9 billion in proceeds from the first tranche, which will be used to partially finance the redemption of its senior perpetual securities and to fund its commissary and store expansion.

Last Wednesday, the PSE approved Jollibee’s shelf listing of these preferred shares, although the local bourse said its approval is still “subject to the company’s compliance with all of the conditions and post-approval requirements of the exchange.”

“Preferred share issuances typically don’t have any direct effect to the price movement of the firm’s common equity. Though based on price action, it appears that investors greeted the development with bullishness, considering that the issuance will improve the company’s debt structure, interest burden, and enable the firm to continue its expansion plans,” China Bank Securities’ Mr. Musngi said.

“On a long-term basis, Jollibee’s prospects remain promising due to continuing global economic recovery, the company’s strong brand profile and steady expansion of its presence across the world,” he added.

Jollibee reported around P976 million in attributable net income in the second quarter, turning around from the P10.29-billion net loss recorded in the same three months last year.

Compared with its second-quarter performance in 2019, the latest figure is a 6.2% decline from the P1.04 billion it generated pre-pandemic.

Revenues in the second quarter grew by 57.2% to P36.69 from P23.34 billion a year ago.

As of end-May, the Jollibee group has 3,209 stores in the Philippines. Globally, it has 5,815 branches under 17 brands in 33 countries.

The company aims to open 450 stores this year, the majority of which will be abroad, and at least 500 new stores yearly in the following years.

“The pandemic adversely affected the balance sheet of Jollibee due to the more cyclical nature of its business. Given that more than 50% of its sales are still derived from the Philippines, recovery back to its pre-pandemic levels of profitability will hinge mostly on the country’s vaccination rates and pandemic mitigation measures,” Mr. Musngi said.

“From a technical perspective, Jollibee appears to be nearing the conclusion of its three-month consolidation, with the possibility of retesting the P217.00 resistance once it’s able to break out of P208.00. Initial support is currently pegged at P190.00, while critical support is at P187.00,” he added.

For Timson Securities’ Mr. Pangan: “With the stock moving sideways over the past few weeks, we’ll have to watch if its resistance at the P206.00 area would be broken in the coming days. Otherwise, P190.00 — P193.00 seems to be the nearest support area,” he said.

Porsche PHL unboxes market-specific 2022 Cayenne Exclusiv

PHOTO FROM PORSCHE PHILIPPINES

PORSCHE PHILIPPINES has unveiled a country-exclusive iteration of the new 2022 Porsche Cayenne. Dubbed the Exclusiv, it is said to “(transform) into an even more practical, luxurious and performance-oriented sports car for the family.” Now available at Porsche Center Philippines, the special trim has a features complement meant to appeal to the “discerning expectations of consumers” here.

The Cayenne, which globally surpassed one million units in cumulative worldwide sales last year, gets intelligent technologies like Park Assist with Surround View, which alerts the driver of obstacles in front and rear of the vehicle via audio and visual warnings, as well as provide a virtual overhead image of the vehicle’s environment; and the Porsche Entry & Drive, which automatically allows entry into the vehicle and access to its luggage compartment. Supplementing these are a four-zone automatic climate control system and the 20-inch Cayenne Sport Wheels.

These add to an extended list of standard equipment, which includes LED main headlights with PDLS, LED taillight strip, the Porsche Advanced Cockpit operating concept, the Porsche Communication Management with navigation module, and Connect Plus Module. Among items that are also available are the Porsche Active Suspension Management air suspension, automatically dimming mirrors, and a Bose Surround Sound System.

The 2022 Porsche Cayenne Exclusiv combines typical Porsche performance with everyday practicality. An intelligent lightweight construction is complemented by a turbocharged, 3.0-liter V6 gasoline engine producing 340hp and 450Nm of torque. This extracts spritely performance from the SUV — allowing it to attain 100kph from a standstill in only 6.2 seconds, onto a top rate of 245kph.

The Cayenne Exclusiv boasts an improved eight-speed Tiptronic S gearbox and its shorter response times and sportier ratios in the lower gears — resulting in enhanced on-road performance and off-road capabilities. A tall eighth gear ratio ensures low torque output, optimized fuel consumption and relaxed driving conditions.

Based “heavily” on the iconic 911, the Porsche Cayenne offers comfortable seating for up to five, along with a capacious cargo capacity. It has standard active all-wheel drive and Porsche 4D Chassis Control — both fitted to the 2022 Porsche Cayenne Exclusiv. Combined, the systems make the vehicle agile, secure, and safe to drive.

Amid the pandemic, the Stuttgart-headquartered brand posted a record first half in sales this year. It delivered 153,656 vehicles worldwide, representing a 31% leap versus the same period in 2020. “The significant demand in growth spanned all model series and global sales regions, with the most successful model being the Cayenne. From January to June this year, a total of 44,050 units of the Cayenne were sold, 12% more than last year. While sales in the US and China continue to grow, Porsche’s deliveries in Asia-Pacific, Africa and the Middle East increased by a quarter overall, with the Cayenne comprising the bulk of sales,” added Porsche.

For more information, contact Porsche Philippines at 0917-880-0328.

Subdued demand for residential properties continues to drag housing index in Q2, posts record low

RESIDENTIAL PROPERTY PRICES in the second quarter contracted at its steepest rate since 2016, primarily due to the continued decline in prices of condominium units and single houses amid the prolonged pandemic. Read the full story.

Subdued demand for residential properties continues to drag housing index in Q2, posts record low

Spending outlook on basic goods and services goes up in Q4 

Spending outlook on basic goods and services goes up in Q4

How PSEi member stocks performed — September 24, 2021

Here’s a quick glance at how PSEi stocks fared on Friday, September 24, 2021.


Investors await easing of mobility, factory data

PHILIPPINE STAR/KRIZ JOHN ROSALES

INVESTORS will be keeping an eye on the possible easing of quarantine restrictions in Metro Manila as coronavirus disease 2019 (COVID-19) cases begin to decline, analysts said, and the market will also be taking its cue from the upcoming release of manufacturing data.

The benchmark Philippine Stock Exchange index (PSEi) went up by 36.25 points or 0.52% to close at 6,951.53 on Friday, while the broader all shares index rose 21.14 points or 0.49% to 4,323.64.

Week on week, the PSEi gained 38.68 points from its 6,912.85 finish on Sept. 17.

“The PSEi ended the week with a small gain as the bulls tried to push the index higher despite persistently strong selling pressure,” China Bank Securities Corp. Research Associate Jason T. Escartin said in an e-mail last Friday.

“Contagion fears from China Evegrande’s possible default started the week, only to be eased by BSP’s (Bangko Sentral ng Pilipinas) saying it has minimal impact on local banks. Global markets also appeared to have shrugged off the Federal Reserve’s more hawkish pronouncements following its policy meeting this week,” he added.

On Thursday, the BSP said the debt crisis looming over Chinese real estate giant Evergrande Group has a minimal impact on Philippine banks. BSP Deputy Director at the Supervisory Policy and Research Department Ma. Cynthia M. Sison said, “claims from counter-parties based in China and its Special Administrative Regions is minimal at 0.86% of total banking system assets.”

Over in the US, its central bank expressed intention to reduce economic support soon without giving a definite date.

Analysts said the market will be keeping watch of the country’s COVID-19 situation as infections now hit a “downtrend.”

“Investors are also expected to watch out for the government’s decision on the social restriction measures of the country after Sept. 30. Easing of restrictions may send the local market higher,” Philstocks Financial, Inc. Senior Research Analyst Japhet Louis O. Tantiangco said in a Viber message on Saturday.

Metropolitan Manila Development Authority Chairman Benhur D. Abalos, Jr. told DZMM TeleRadyo in an interview on Saturday that he hoped Metro Manila will be placed under Alert Level 3 from a more stringent Alert Level 4 by the end of the week as COVID-19 cases begin to decline.

The Health department on Saturday logged 16,907 new COVID-19 cases, which brings the country’s total cases to 2,740,175 while active cases stood at 165,092.

OCTA Research Group Research Fellow Fredegusto Guido P. David said the seven-day average of infections in the country declined to 17,526 from 20,218 with a negative growth rate of 13%. Meanwhile, the reproduction number declined to 0.98 from last week’s 1.16.

“If the decline continues, then it may spur positive sentiment in the market,” Mr. Tantiangco said. “The BSP’s latest confidence surveys which show that consumers and businesses are optimistic for the upcoming quarter may also give a boost to sentiment [this] week.”

Mr. Tantiangco also said the market will also take cues from the upcoming IHS Markit Philippines Manufacturing PMI to be released this week.

“We may see the index continue pushing higher in the coming week, though the resistance at 7,000-7,100 continues to appear strong. In case prices push above 7,100, the next resistance to test would be 7,300. In case prices retreat after hitting the resistance area, then a pullback to 6,760 is likely,” China Bank Securities’ Mr. Escartin said. — Keren Concepcion G. Valmonte

GOCC subsidies climb in August

SUBSIDIES extended to government-owned firms rose 747% year on year to P42.35 billion in August, led by the increased budgetary support provided to the Philippine Health Insurance Corp. (PhilHealth), the Bureau of the Treasury (BTr) reported.

The BTr said government-owned and -controlled corporations (GOCCs) subsidies were also much higher compared with the P6.08 billion recorded in July.

PhilHealth received P30.61 billion in subsidies, accounting for 72.3% of the August total.

It did not receive any budgetary support from the National Government last month and in August 2020.

The National Irrigation Administration (NIA) got P6.01 billion, up 130% from a year earlier.

The National Housing Authority’s (NHA) subsidies nearly doubled to P2.99 billion from P1.48 billion in July. It did not receive budgetary support in August 2020.

Other top recipients of subsidies include the Local Water Utilities Administration with P706 million, Small Business Corp. P500 million, Philippine National Railways P332 million, Philippine Children’s Medical Center P168 million and Development Academy of the Philippines P162 million.

Meanwhile, GOCCs that did not receive any budgetary support from the government that month were the Bases Conversion Development Authority, Cagayan Economic Zone Authority, National Home Mortgage Finance Corp., National Food Authority, National Power Corp., Philippine Crop Insurance Corp., Philippine Fisheries Development Authority, Philippine Postal Corp. and Tourism Infrastructure and Enterprise Zone Authority.

In the eight months to August, overall subsidies fell 9.8% to P136.72 billion.

This brought subsidies to 92% of the P148.2 billion budgeted for the year.

Some P76.06 billion went to support PhilHealth’s operations, followed by the P25.61 billion granted to NIA and the P11.78 billion to NHA.

Subsidies are granted to GOCCs to cover operational expenses not supported by their revenue. — Beatrice M. Laforga

SIM card registration deemed inadequate for fraud deterrence

THE MANDATORY registration of mobile SIM cards proposed by legislators is not enough to eradicate text fraud and phishing attacks, an information technology expert said Tuesday.

Edmund Ray O. Milanes, head of Nexus Technologies, Inc.’s Managed Services Group, said that the provisions of Senate Bill 2395 or the proposed SIM Card Registration Act “will reduce scams to a certain extent but won’t eliminate them totally.”

The measure will require all telecommunications companies to make the registration of SIM cards a prerequisite to their sale to deter their use in fraud. It would require applicants to submit an electronic registration form and present a valid government-issued identification card (ID) or other documentation as a condition of sale.

“By using unregistered SIM cards, criminal elements can conveniently hide their identities because once the prepaid SIM card is disposed of, there is no way for us to identify the perpetrator,” according to Senator Ronald M. Dela Rosa, a co-sponsor of the bill, speaking during plenary discussions of the bill recently.

The bill is also intended to deter the use of mobile phones in terrorist activity.

Mr. Milanes said via e-mail that registration will only deter and reduce phishing to a certain extent, noting that perpetrators can always “spoof” a phone number in order to frame the registered user of the SIM card.

“An awareness campaign is still the best defense against fraud,” said Mr. Milanes. “Perhaps the government must aggressively launch programs to increase awareness of these types of scams and how to prevent them.”

He said most Filipinos fall prey to phishing, smishing (via short message service or SMS) or vishing (via call). “We need to learn how to reduce our vulnerability to these scams.”

Mr. Milanes said further consultation with telecommunication companies is needed for successful implementation. — Alyssa Nicole O. Tan

Reduced emissions seen for coal-fired plants that mix in biomass; more incentives proposed

THE GOVERNMENT needs to consider allowing coal-fired power plants to “co-fire” using biomass fuel, which a renewables industry official said carries the potential to reduce emissions and decarbonize the industry.

“(The government should) introduce co-firing in coal plants as a strategy to decarbonize the economy. This is practiced in developed economies… Japan and South Korea give incentives to coal plants which utilize biomass in their fuel blend,” San Carlos Biopower, Inc. President Arthur N. Aguilar told BusinessWorld via Viber last week.

Co-firing will pave the way for the development of dedicated biomass plantations which can provide sustainable fuel to the coal-fired facilities, Mr. Aguilar said.

He said the Philippines has an abundance of deforested land which can be used to cultivate biomass feedstock, including trees and Napier grass.

Biomass used in the co-firing process has the potential to replace up to 50% of the coal used in thermal power generation, according to an International Renewable Energy Agency report published in 2013.

Although biomass co-firing is considered a viable transition option which can lead to a carbon-free power sector, developing countries must be prepared policy and technology-wise to limit the “adverse” impact of co-firing on the environment, the intergovernmental organization said.

Mr. Aguilar added that the government should push waste-to-energy (WTE) projects that use biomass or organic matter in line with the Clean Air Act.

According to an administrative order issued by the Environment department two years ago, developers can build WTE plants as long as they meet certain conditions.

Asked how the government could further encourage investments in the biomass sector, Don Mario Y. Dia, the president of Biomass Renewable Energy Alliance, Inc., said the Energy department must maintain a conducive environment to sustain investors that undertake the risk of building power plants, chiefly via incentives.

“If DoE continues to provide this environment, they will see more investors developing projects in the renewable space. (Providing) incentives starts the build-up in all aspects of developing new plants. This enticement creates the propagation of new builds and these must be supported all the way,” he told BusinessWorld via Viber last week.

In 2020, the Philippines added around 84 megawatts (MW) in biomass capacity, raising the installed base to 443 MW, according to DoE (Department of Energy) data. — Angelica Y. Yang

MWSS told by CoA to return Angat Dam funds

PHILSTAR

GOVERNMENT AUDITORS told the Metropolitan Waterworks and Sewerage System (MWSS) to immediately return P24.056 million originally allocated to help Angat Dam better withstand earthquakes.

In its 2020 audit report, the Commission on Audit (CoA) said the MWSS is still holding on to unutilized funds worth P23.75 million meant for the Angat Dam Dyke Strengthening Project. With interest accrued since 2015, the total due for return has been reckoned at P24.056 million.

The Angat Dam Dyke Strengthening Project is meant to ensure the stability and safety of the structure against possible seismic activity associated with the West Valley Fault. The project was completed in 2019.

The MWSS received P553.3 million for the project, which was implemented in coordination with the National Power Corp. and the provincial government of Bulacan. The funding was to go towards instrumentation and flood control works.

The MWSS had asked the Department of Budget and Management (DBM) on Feb. 26, 2020 to use the unutilized funds to cover a reimbursement to the Public-Private Partnership Center for project development costs associated with the Kaliwa Dam. The request was rejected in a letter dated Dec. 16, 2020.

The commission also noted a lack of supporting documents sent to the Department of Public Works and Highways (DPWH) and the DBM, such as the liquidation and accomplishment reports for the funds transferred to the implementing agencies.

The CoA recommended that the MWSS return the remaining funds with interest to the National Government, send a demand letter to the Bulacan government for its accomplishment and liquidation reports, and immediately submit supporting documents to DBM and DPWH. — Russell Louis C. Ku

Taxing the famous and followed: The broader impact of the BIR’s new regulations

Social media spawned the rise of popular and highly followed content creators — ordinary individuals outside of show business who become celebrities overnight by creating viral content through their digital platforms. Realizing the advertising potential of these content providers, also known as “social media influencers,” more and more companies partner with them to spread and maintain awareness of their brands and products among the influencers’ millions of followers.

This became even more apparent during the lockdowns resulting from the pandemic, when an increasing number of people plugged into the online world to stay connected.

The growing business of social media influencing caught the attention of the Bureau of Internal Revenue (BIR), which recently released Revenue Memorandum Circular (RMC) No. 97-2021 to clarify the taxation of any income received by social media influencers.

INFLUENCERS LIABLE FOR INCOME TAX AND VALUE-ADDED TAX OR PERCENTAGE TAX
The BIR emphasized that social media influencers are liable for Income Tax and Value-Added tax or Percentage Tax unless the law clearly provides for an exemption. Moreover, social media influencers are required to register as taxpayers with the BIR, maintain books of account, and file the appropriate tax returns.

BROADENING ENFORCEMENT OF TAXPAYER COMPLIANCE
This move by the BIR appears to be consistent with its renewed drive to enforce tax compliance. The recent focus on social media influencers appears to be one of the programs to remind the sector of their tax obligations, starting with the emphasis that earnings from social media platforms, are in fact, taxable income. If in the past, the BIR’s enforcement drive focused mainly on corporate taxpayers, it appears to be sending the message that tax compliance is for all taxpayers, whether individual or corporate.

Among the notable points in RMC No. 97-2021 is that the BIR went as far as discussing the tax impact if the social media influencer is taxed by a foreign jurisdiction on income paid by a foreign corporation. Its discussion also includes remedies to avoid double taxation, such as availing of the benefits of the applicable tax treaty.

On that point, the BIR is now harnessing increasing coordination among foreign tax authorities by reminding social media influencers that it has the power to obtain information from foreign tax authorities. By utilizing the Exchange of Information provisions included in tax treaties, the BIR emphasized that it has the capability to determine if the social media influencers correctly disclosed their earnings in their tax returns.

It then stands to reason that the BIR can likewise wield its power of obtaining information from foreign tax jurisdictions to also ascertain the correct amount of foreign-sourced income earned by other taxpayers. For instance, the BIR may determine the amount of any foreign-sourced dividends received by a domestic corporation using the Exchange of Information tools under the tax treaties, to determine whether these dividends were declared by the corporation for tax purposes.

The power to obtain information through Exchange of Information is only one of the weapons in the BIRs arsenal to oversee tax compliance. It may be worth remembering that the National Internal Revenue Code itself gives the BIR the power to assess the proper tax based on the best evidence obtainable. The BIR has been known in the past to use commercial advertisements to approximate the taxpayer’s net worth.

While RMC No. 97-2021 focused its discussion on the tax obligations from the perspective of social media influencers, corporations who partner with these individuals may well be reminded that any income payments to such individuals or corporations may also give rise to withholding obligations. As withholding tax agents, corporations are required to withhold a specific amount of income on their income payments. The domestic corporation paying the social media influencer is required to withhold tax on payments at a rate anywhere from 2% to 15%, depending on how the payment is characterized under the expanded withholding tax system. Failure to withhold the correct amount of tax can give rise to potential deficiency withholding tax assessments that can be raised in a tax audit.

On this note, a withholding tax issue may arise on the part of corporations with respect to free products that they give to the social media influencer. RMC No. 97-2021 emphasizes that the fair market value of free products received by a social media influencer in exchange for promotion on the digital platform is to be treated as income. If these free products are to be treated as income payments, a question may be raised on how the corporation giving away the free products is to apply withholding tax rules. Since the payment is made in the form of goods, and not cash, what practical approach can be adopted by the corporation providing the free products to meet its withholding tax obligations? Are these payments through free products even subject to expanded withholding tax? These points may be worth considering both by the payors and the tax authorities themselves.

Another potential impact of this regulation is the reputational or perception issue of the partnering corporation. If the social media influencer is deemed to be non-compliant with tax filing obligations, it is possible that the corporation partnering with the social media influencer can likewise be questioned by the BIR if it correctly withheld taxes on any payments that may have been made to the non-compliant social media influencer. This can be an additional issue to hurdle in the event of a tax audit on the partnering corporation.

TAXES FOR COMPLIANCE AND SOCIETAL CONTRIBUTION
While RMC No. 97-2021 trains its attention on social media influencers, the broader implications are that the BIR has tools at its disposal to remind all taxpayers of their tax obligations and to enforce compliance. Moreover, this regulation reminds us that all income, no matter how it is sourced, cannot escape the taxing power of the state. This is especially relevant in these times, in which taxpayers, both individual and corporate, can help by providing the resources to fight the pandemic. This makes these taxes not just an obligation carried out of compliance, but also our contribution to help society heal.

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

 

Betheena C. Dizon is a Tax Partner of SGV & Co.