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BIR-ULAP WORKSHOP ON REVENUE GENERATION |
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P R O C E E D I N G S
Role of the Department of the Interior and Local Government in Revenue Generation DILG Asst. Secretary Julius Topacio The DILG recognizes the merits and intentions of the Memorandum of Agreement being entered into by the joint parties that is anticipated to result in intensified tax collection. LGUs are one of the most overlooked sources of national revenue. In the past, the municipality of San Juan spearheaded efforts to intensify tax collection down to the barangays, as barangay captains were in the best position to recognize taxpayers. They are familiar with property owners as well. BIR needs access to such information. This is now realized by LGUs through the Union of Local Authorities of the Philippines (ULAP). The DILG has a role to play in monitoring compliance to realty tax laws, and takes measures to ensure that LGUs are cooperating. The department welcomes this move. Role of LGUs in Tax Collection and Remittance Gov. Joey D. Lina National President, ULAP In an earlier discussion with Commissioner Fonacier, the ULAP indicated that it has a role to play in the collection of taxes, as LGUs are directly affected to the tune of 40% of the revenue tax collection three years preceding the current year that goes to provinces, cities, municipalities and barangays. If this collection is low, or of the targets of BIR are not met, the national and local governments face problems. The 40% IRA share is inputted into the budget prepared by LGUs in advance. The basis of computation is the approved codal formula, reckoned three years before the current year. Whether this amount will be given is variable because the BIR still stands to collect those taxes. In case of shortfalls, the release of IRA is affected. LGUs understand this situation. BIR is the main actor in collecting revenues, but LGUs can play a supporting role. The collection of the real property, franchise, professional and other taxes have been entrusted to LGUs. Best practices have been forwarded in the performance of this role such as that of Laguna’s "Go, Laguna, go!" program. LGUs have been very active but the reality is that many of them are 99% heavily dependent on IRA. Others are 90% dependent. The rest of the percentage comes from local taxes. It is not true that LGUs are batting merely for the IRA. The fact remains that there are many LGUs that are underdeveloped - the formula for IRA computation and distribution could stand improvement but it is nevertheless an equalizer. A lot of LGUs are doing something positive about it. The talk with Fonacier was followed by discussions with BIR deputy commissioners. ULAP identified areas of improvement and came up with the workshop concept and the draft of a joint agreement and covenant of partnership. Since the LGUs have become holding agents of the BIR, their roles were defined and specified in the draft agreement, wherein they are to:
The non-remittance of taxes collected is unfair on the part of those who remit - since remittances are eventually pooled and distributed even to LGUs who fail to remit. Tax collection is a reflection of people’s willingness to pay taxes. Without this, the tax collection can be difficult. LGUs should perform their tasks well, as taxes are the lifeblood of people in government. COA Findings: Local Tax Collection & Remittance Atty. Divinia Alagon For 1999, local governments showed higher efficiency in the collection of income and revenues needed to support their operations, posting a record of 93.18 percent compared to their 1998 performance of 89.59 percent. Their income for this year totalled Php120.15 billion in contrast to the previous year’s Php100.22 billion, resulting in an increase of 20.08 percent The biggest share of LGU income came from tax revenues which comprised Php104.84 billion or 87.11 percent of total income. The rest of LGU earnings came from operating and miscellaneous income, capital revenues, grants-in-aid, extraordinary receipts, and borrowings, to which LGUs also resorted. Of the 16 regions, the National Capital Region (NCR), Region IV or Southern Tagalog and Region III or Central Luzon were the top three income earners for 1999, with with collections of Php252.37 billion, Php16.86 billion and Php9.90 billion respectively. On the other hand, CARAGA, Cordillera Administrative Region (CAR) and the Autonomous Region of Muslim Mindanao (ARMM) were the lowest performing regions, with contributions of Php3.53 billion, Php3.00 billion, and Php2.66 billion respectively. Overall, Central Mindanao posted the highest percentage of increase in tax collection at 41.75 percent. This was followed by ARMM with 36.86 percent and Region IX with 34.94 percent. These figures reflect the state of LGU tax collection countrywide, and were drawn from the financial statements that were consolidated and analyzed by COA. The overall COA findings was that: LGUs were not able to fully harness their revenue raising powers, compelled to depend heavily on the IRA as the main source of income, thus defeating the purpose of local autonomy. Only LGUs in NCR were able to do harness local income sources averaging 64.75 percent of total income. A pie chart on the revenue audit of LGU income sources showed that the IRA accounted for the biggest portion equivalent to 63 percent. The next biggest slices of the pie came form RPT (11%) and receipts from economic enterprises (11). Thinner slices came from business taxes and licenses (9%), grants, aid and borrowings (5%), and amusement tax (1%). Auditors attributed the LGUs’ income shortfalls to the following: Laxity in monitoring of land improvements and machineries Failure to intensify collection through information drives and tax campaigns Failure to avail of legal remedies to enforce collection provided under the Local Government Code (LGC). With regard to business licenses and taxes, the LGC authorizes LGUs to levy taxes, fees and charges on businesses operating within their jurisdictions. Collections from business taxes and licenses amounted to Php10.5 billion or 8.7 percent of total revenues in 1999. Per estimates, the LGUs could have realized as much as Php581 million more had they taken the following measures: Formulate policy guidelines that ensure declaration of correct tax bases Examine taxpayers’ books of account on a regular basis Tap possible income sources by legislating/updating and implementing tax ordinances and Avail of remedies provided under the LGC to enforce tax collection A revenue audit was likewise conducted by COA on LGUs’ amusement tax performance. The results of audit attributed the low performance to:
COA thus strongly recommends that LGUs should devise plans and strategies to enhance its tax generation activities to include tax mapping of real properties, updating/computerization of taxpayers records and tax collection information dissemination. The availment of legal remedies to enforce collections provided under the LGC should be enforced to instill awareness among taxpayers. Proposed Amendments to the 1991 Local Government Code Atty. Terry Domogho Office of Senator Aquilino Pimentel, Jr. Section 6, Article 10 of the Constitutions says that the LGUs are entitled to a just share of the national taxes. RA 7160 stipulates that LGUs are entitled to their share of the internal revenue allotment. However, there is a difference between national taxes and taxes collected by the BIR. Senate Bill 2064 embodies the amendments to the LGC that include changes in parameters applied in taxation that would enable LGUs to widen their tax bases. In brief, these amendments include definitions and modifications, as follows:
On the 20% development fund, guidelines issued by the Department of Budget and Management (DBM) or EO189 do not appear to be rational. It is the budgets of LGUs that operationalize development plans crafted by the Local Development Council and approved by the sanggunian. This becomes final, and no other authority should overrule this. Revenue Generation: A Macroperspective Analysis For: BIR Commissioner Dakila B. Fonacier by Deputy Commissioner Estelita Aguirre Tax administration is not an easy task but a duty to be fulfilled. For the BIR, tax administration is a development tool rather than an onerous duty. In the performance of this function, the support of the private sector is urgently needed. The BIR’s latest revenue collection of Php397 billion contributed about 72 percent to the national income. This performance could be continually improved with the adoption of the following major initiatives to augment collection: Operational initiative:
Partnership initiative:
The withholding tax system accounts for an increasing share in tax revenue collections, as it captures millions of individual taxpayers. The country’s largest employer and contractor should take the lead in its compliance - the government that employs millions in health, social services, infrastructure, etc. Law enforcement has a distinct role to play in tax compliance. If the law is to be enforced, government should be the first to abide by it. Revenues from LGUs amounting to Php2.22 billion in various kinds of taxes represent one percent of total revenues. The bureau of aware that there is a lot of room for improvement as far as LGU compliance is concerned. It is appreciative of the efforts of local agents and their voluntariness. Collaborative efforts by means of "united forces" achieve best results. Open Forum Panelists Governor Joey Lina, LPP-ULAP Mayor Rey Roquero, League of Munitipalities Vice Governor Eduardo Chatto, ULAP Marty Lao-Lim, Liga ng Barangay Julius Topacio, DILG Question. There was a delay in the remittance of withholding taxes by one mayor, who thought that local officials should receive an additional compensation for their part as collectors of BIR withholding taxes. Elaboration. Many mayors in the province of Isabela lagged behind the remittance of their taxes, and one of them has been very vocal. The ruling was explained that LCEs should be liable for tax collection and other responsibilities. Perhaps a supplemental law could be enacted to this effect Answer. Corresponding charges should be filed against the errant officials. A mayor’s duty is germaine to his position. It should be viewed in the same way that LGUs have the responsibility to collect GSIS premiums. Local income is derived from IRA. Without such an effort to collect taxes, no IRA is forthcoming. The increase of the general fund will result in an increase in local earnings. Question. Can BIR use its influence to pressure LGUs to add a provision in their respective tax ordinances regarding mandatory issuance of official sales receipts? Answer. The MOA prescribes penalties for the non-issuance of receipts. It is the BIR that imposes this but the assistance of LGUs is solicited, particularly in the display of poster announcements in strategic public places. District officers and regional directors can be approached on this matter. Comment. There is an existing national law covering LGU involvement. Clarification. In the course of tax campaigns, blank walls are often encountered and the legal basis questioned. There seems to be a further need for local sanggunians to impose penalties in their local tax ordinances. Comment. Local treasurers find that national laws are often violated by establishments, but in their apprehension, BIR officials are not around. It is only the local treasurers who are left to take care that these laws are complied with. Comment. This can be solved by a deputization agreement with the LGU. BIR. Deputization is not necessary because LGUs have inspectors. BIR prevails upon LGUs whose inspectors should report the non-issuance of receipts. BIR only has a few people in disparate groups of islands. Licenses are based on gross receipts. Asec Topacio. It is for this reason that barangay captains can be instrumental and may be deputized by the BIR. Question. Do LGUs have a formal program to ferret out persons who engage in business but who are not registered? Answer. This refers to municipal businesses. The mayor issues the permits. The municipal government has a monitoring unit that could identify these establishments. But whether this is operational or not is relative. Otherwise, collections suffer. Question. Is it true that shares from the tobacco law were not remitted in full since 1992? Answer. This is not true. BIR collects excise tax on Virginia tobacco. Certificates were issued on amounts that were collected, from which 15% was computed and remitted as LGU shares. However, the DBM has jurisdiction over this matter that should be referred to them. BIR is not responsible for releasing this amount but only certifies on the amount. The basis for the computation is the three-year collection on value added tax by municipalities and cities. Note. ULAP has already communicated with the Department of Justice (DOJ) for appropriate ruling on this matter. Question. Since tax credit certificates are not considered cash collections, can LGUs share in these no-payment returns? Answer. COA has not encountered issues of this nature. Based on the nature of tax credit certificates, these are non-cash items. It presupposes the previous receipt of cash. On the dates that this cash were received, LGUs have already realized their share. Question. Can BIR avail of LGU Graphic Information System (GIS) base maps? Answer. The bureau is developing a similar system that can be enhanced if access is provided to LGU-designed GIS. The information will assist BIR in locating properties for zonal and property valuation purposes. Comment. The municipality of Benguet has developed a GIS that can be made easily available. A MOA provision could validate this. Question. Income on Community Tax Certificates now accrues to LGUs in view of which BIR has been lax in its administration of CTCs. It even accepts Income Tax Returns (ITRs) without CTC attachments, but requires CTCs nevertheless for IRA shares. Answer. There is no need for BIR to regulate CTCs as this has been delegated to LGUs. CTCs are required for income tax purposes, but determination of actual amounts should be determined by LGUs. Comment. Old residence certificates were examined for accuracy. We cannot expect correctly filed CTCs in cases of voluntary income tax returns. Answer. A space was provided in ITR forms for the declaration of the correct income amount which can in turn be verified by LGUs concerned. Comment: Income taxes are due in April whereas CTCs are issued in January. The authority to check CTC reportings by engaging businesses does not rest with the BIR which has no legal bases to assess local taxes. Comment. Technicalities encountered in declarations can be indicated in the MOA Comment. An additional function for BIR is proposed as follows: "that it shall require business establishments to present Certificates of Tax Clearance of paid local taxes, from local treasurers prior to the registration of newly started business, renewal of registration of business and in the granting of authority for the printing of its invoices and official receipts." Comment:. BIR and local treasurers want to issue their respective certifications. Coordination between local treasurers and the BIR should be made. Comment. Taxpayers are already burdened on tax amounts they have to pay. If renewal of business permits are contingent on the presentation of all requirements, LGUs are on the losing end. If these requirements are not complied with, we cannot realize the payment of business tax. Question. When remittances are delayed, there are penalties and surcharges but if they are made in advance, nothing is done. What is the penalty for late remittance? Could the period for remittance be extended for at least a month to allow sufficient time for documentation? Can penalties also be waived since LGUs are mere withholding agents? Answer. The Tax Code imposes penalties on late remittances. This forum can agree on a policy that would improve BIR-LGU understanding in this regard. The 10-day grace period for withholding tax remittance cannot be extended or condoned because it is a codal provision. Previous commissioners have been lenient on failures, but the current management abides by the law. The condonation of past due accounts (about Php1.3 billion) have been raised to the Commissioner but no reply has been made. With regard to emoluments, in the sixties, municipal treasurers who collected revenues were granted honoraria. In places where there are no collection agents, we have proposed the institution of a Php400 monthly honoraria but this was not approved by DBM. If this is the proposal of LCEs, it has to be tabled for legislation. Question. Many LGUs impose and collect franchise tax on public utility jeeps and buses granted franchise by LTFRB. Answer This is part of proposed changes to the LGC (Senate Bill 2064). Review of Key Issues Atty. Mercelinda O. Yap BIR-HREA The more salient issues discussed included: DILG
ULAP
COA
Amendments to LGC
BIR
Comment. What will happen to the MOA between BIR and BLGF? These current MOA seems to favor only the BIR and not the LGUs since the furnishing of information is a one-way-route from the LGU to the BIR. Answer. This will not be displaced by the new MOA since the latter summarizes all information from various sources until a final output or covenant incorporating all changes will result. III. Workshop Proper Presentation and Critiquing of Proposed MOA Melchor Ramos BIR-ACIR The new Memorandum of Agreement was modified, amended and corrected on the basis of the following salient comments: 1. LGU Provisions Format 2
Issue 4: TIN
Issue 5: Withholding tax responsibilities
Issue 6: Update of current fair market valuation
Issue 7. PTRs
Issue 9.
Issue 10.
Issue 12. Access to records.
2. DILG Provisions The Whereas Portion should indicate that DILG should assist the BIR in effecting compliance with BIR rules and regulations. Issue 3.
Issue 1. IRA
Issue 2. Computation of tax certificates
Issue 3. CTC
Include as a BIR function the following
The Memorandum of Agreement, as amended is attached to this proceedings as Annex 1. Speech of the Keynote Speaker Secretary Jose T. Pardo delivered by Asst. Secretary Gil Beltran Department of Finance This partnership is an expression of commitment by various agencies to the ideals of taxation. Revenue tax collection has played a significant role in the development of economies. Tax administration has to be shouldered by all offices of government that should oversee the faithful compliance of tax laws. Government should be the first to observe these laws. This is a period of emerging partnerships between the BIR and government entities. Collaborative efforts should continue to be undertaken. The urgent economic situation makes it imperative for everyone to take immediate action. The Memorandum of Agreement is commendable and indicative of the success of tax administration. MOA Signing It was agreed that a date be set for the signing of the MOA at the office of the Secretary of Finance. Closing There being no other business to transact, the conference was adjourned. |