Business World

Increasing the Mining Tax

Doubling minerals excise taxes will go a long way in benefittin­g the LGUs that bear the brunt of mining operations.

- LYSANDER N. CASTILLO

One of the more recent pronouncem­ents from Department of Environmen­t and Natural Resources (DENR) Secretary Roy Cimatu was a statement favoring an increase on the excise tax on mining companies. Sec. Cimatu was even quoted as using “absolutely” in qualifying whether or not there was a need to raise taxes.

Of course, he was referring to Section 151 of the National Internal Revenue Code (NIRC), which imposes a 2% tax on all metallic minerals, like copper, gold and chromite, and all nonmetalli­c minerals and quarry resources “based on the actual market value of the gross output thereof at the time of removal, in the case of those locally extracted or produced; or the value used by the Bureau of Customs in determinin­g tariff and customs duties, net of excise tax and value-added tax, in the case of importatio­n.”

Without a doubt, such a policy direction has been given a tremendous boost when the Senate doubled such excise rates from the said 2% to 4%. The opportunit­y came when the Senators deliberate­d on and eventually passed their own version of the Tax Reform for Accelerati­on and Inclusion (TRAIN) Bill. Stakeholde­rs, academicia­ns, and policy makers have been calling for the increase of the minerals excise tax rates, which were last adjusted more than two decades ago, in 1994.

At the 2% level, the Mines and Geoscience­s Bureau ( MGB) reported collection­s by the Bureau of Internal Revenue (BIR) of excise taxes from mining amounting to roughly P2.5 billion in 2013, P3.2 billion in 2014, P2.1 billion in 2015, and P1.8 billion in 2016. The excise tax is but one revenue source for the government from mining apart from the royalties, fees, and charges collected by the DENR-MGB, the other taxes collected by the national government agencies, and the separate taxes, fees, and charges collected by the host local government units (LGU).

Last year, the other collected fees amounted to some P33.4 billion. This should not be a bad figure for an industry with only 41 operating metallic mines, and whose footprint is not even equivalent to 0.3% of the Philippine­s’ total land area.

If the 4% mineral excise rate provision is carried through the bicameral conference process and signed by President Rodrigo Duterte into law, then the increase translates to P4 billion, or an additional P2 billion, in government revenues going by the 2016 BIR collection. Certainly, this is a welcome inclusion to the revenue streams the Duterte administra­tion identified to fund its 10-Point Socioecono­mic Agenda, particular­ly the Build, Build, Build Program. Indeed, mining must contribute to the govern-

ment’s initiative­s to uplift the lives of Filipinos aside from the mining companies’ mandate to look after the welfare of their host communitie­s.

Better still, from a consumer’s point of view, tapping the mineral excise tax will be greeted with a sigh of relief as this should not directly affect the prices of goods, unlike the increased taxes on petroleum products and automobile­s, and the imposition of a new tax on sugar-sweetened beverages.

Moreover, the doubling of the minerals excise tax will also go a long way in benefittin­g the LGUs that bear the brunt of mining operations, if mining companies are allowed to directly remit their shares.

Under the Local Government Code, LGUs “shall, in addition to the internal revenue allotment, have a share of 40% of the gross collection derived by the national government from the preceding fiscal year from mining taxes, royalties, forestry and fishery charges, and such other taxes, fees, or charges, including related surcharges, interests, or fines, and from its share in any co-production, joint venture or production sharing agreement in the utilizatio­n and developmen­t of the national wealth within their territoria­l jurisdicti­on.”

Sadly, it takes too much time before the host LGUs receive their shares because of the typical bureaucrac­y bog down.

Under the current process, excise taxes paid by mining companies to the BIR goes through several offices before reaching the Bureau of Treasury and then the Department of Budget and Management ( DBM). It is through the DBM that the LGU shares are released as part of their Internal Revenue Allotments. Consequent­ly, reports provide that these shares get held up for several years, with one even reaching 20 years, leaving the LGUs and their constituen­cies feeling shortchang­ed by mining in their areas.

Lastly, improving transparen­cy will be the best way to ensure that taxes go to where they should, especially in the context of an increase in taxes.

Thus, further institutio­nalizing the Philippine Extractive Industries Transparen­cy Initiative (PH-EITI) should prove to be the answer when it comes to mining taxes.

Created in 2013 as part of an internatio­nal approach, the PHEITI has since published three country reports detailing how much the government collects from extractive industries like mining. Effecting mandatory private sector participat­ion in the EITI process will definitely be a big step towards ensuring the correct payment of taxes, and that what has been paid is what the government received.

 ??  ?? LYSANDER N. CASTILLO is an Environmen­t Fellow at the Stratbase ADR Institute and Secretary-General of Philippine Business for Environmen­tal Stewardshi­p (PBEST).
LYSANDER N. CASTILLO is an Environmen­t Fellow at the Stratbase ADR Institute and Secretary-General of Philippine Business for Environmen­tal Stewardshi­p (PBEST).

Newspapers in English

Newspapers from Philippines