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February 22, 2002

REVENUE REGULATIONS NO. 01-02


SUBJECT :

Prescribing the Use of New Excise Tax Return Forms

TO

All Internal Revenue Officers and Others Concerned

SECTION 1.
Scope. Pursuant to the provisions of Section 244 in
relation to Sections 130 and 131 of the National Internal Revenue Code (NIRC) of
1997, these Regulation are hereby promulgated prescribing the use of the
following new forms in the filing of tax returns by taxpayers subject to excise tax:
FORM NO.
2200 A
2200 T
2200 P
2200 AN
2200 M

FORM NAME
Excise Tax Return for Alcohol Products
Excise Tax Return for Tobacco Products
Excise Tax Return for Petroleum Products
Excise Tax Return for Automobiles and Non-essentials
Excise Tax Return for Mineral Products

SECTION 2.
Persons Required To File A Return. Every person
liable to pay the excise tax on domestically produced/extracted articles under Title
VI of the NIRC shall file a separate return for each place of production or
extraction, in case of mineral products, using the forms prescribed in these
Regulations.
Non-tax-exempt transferee of excisable articles, whether domestically
procured or imported, acquired from a tax-exempt entity shall likewise use the
aforementioned forms in the payment of excise tax.
The above returns shall also be used for prepayments, advance deposits or
other similar schemes in payment of excise tax on locally manufactured or
produced products and shall replace BIR Form No. 2200 and its attachments.
SECTION 3.
Time Of Filing. The excise tax return shall be filed
and the excise tax due thereon be paid before removal of the goods from the place
of production, except for nonmetallic mineral or mineral products or quarry
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resources which should be paid upon removal of such products from the locality
where mined or extracted. Excise tax on locally produced or extracted metallic
mineral or mineral products shall be filed and the tax paid within fifteen (15) days
after the end of the calendar quarter when such products were removed, subject to
the filing of a bond in an amount which approximates the amount of excise tax due
on the removals for the said quarter.
In filing the prescribed return for purposes of paying deposits or advance
payments, the excise tax due on all removals applied against the previous available
balance thereof, including the volume and/or value of articles removed and the
inclusive dates of removal, shall be clearly indicated in the return.
In case of sale, transfer or any disposition of an excisable article by a
tax-exempt entity to a non-tax-exempt entity; the return shall be filed and the
excise tax shall be paid by the latter within ten (10) days from the date of such sale,
transfer or disposition, together with the submission of relevant documents proving
the transfer or disposition. However, any original and/or subsequent sale, transfer
or any disposition of excisable articles by persons exempted under special laws and
their implementing rules and regulations shall remain to be governed by such
special laws and implementing regulations.
SECTION 4.
Place Of Filing. The excise tax return shall be
accomplished and filed in triplicate and the payment of tax due, if any, made to any
Authorized Agent Bank (AAB) located within the territorial jurisdiction of the
Revenue District Office where the taxpayers' place of production or place of
extraction, in case of mineral products, is located. The place of production or the
place of extraction, whichever is applicable, shall be registered and assigned a
branch code just like an ordinary branch. In places where there are no AABs, the
return shall be filed with and the tax due shall be paid to the Revenue Collection
Officer (RCO) or duly authorized City or Municipal Treasurer (DMT) of the city
or municipality falling under the jurisdiction of the aforesaid Revenue District
Office.
Where the mine site or place of extraction is not the same as the place of
processing or production, the excise tax return shall be filed with and the tax paid
to the Revenue District Office (RDO) having jurisdiction over the locality where
the mineral products/minerals are mined, extracted or quarried.
In case of sale, barter or transfer of indigenous petroleum, natural gas or
liquefied natural gas, the excise tax return shall be filed and the corresponding tax
paid with the concerned BIR Office having jurisdiction over the first taxable buyer,
purchaser or transferee, except the tax on products for export which shall be paid
by the owner/lessee/concessionaire/operator of the mining claim to the collection
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agents (AABs, RCOs, DMTs, whichever is applicable) of the BIR Office having
jurisdiction over the place of extraction.
The excise tax return covering the sale, transfer or disposition of an
excisable article by a tax-exempt entity to a non-tax-exempt entity shall be filed
and the excise tax paid with the concerned BIR Office where the transferee is
registered or required to be registered.
Identified excise taxpayers under the jurisdiction of the Large Taxpayers
Service in the National Office shall file the return and pay the excise tax due with
the AABs located at the BIR National Office, Diliman, Quezon City. However,
excise taxpayers falling under the jurisdiction of provincial Large Taxpayers
District Office (LTDO) or RDOs shall file the return and pay the tax due with the
designated AABs or RCOs/DMTs, whichever is applicable, in their respective
areas of jurisdiction.
Excise taxpayers availing of the Electronic Filing and Payment Systems
(EFPS) shall file the returns via the EFPS pursuant to existing rules and
regulations.
SECTION 5.
Repealing Clause. The provisions of existing revenue
regulations and issuances inconsistent herewith are hereby repealed, amended or
modified accordingly.
SECTION 6.
Effectivity Clause. These Regulations shall take effect
fifteen (15) days after publication in any newspaper of general circulation in the
Philippines.

(SGD.) JOSE ISIDRO N. CAMACHO


Secretary of Finance
Recommending Approval:
(SGD.) REN G. BAEZ
Commissioner of Internal Revenue

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(1)
December 28, 1998

January 1, 1999

REVENUE MEMORANDUM ORDER NO. 99-98

I.

SUBJECT :

Prescribing Procedures on the Filing of Excise Tax


Returns and Payment of Excise Taxes on Petroleum
Products Pursuant to Section 130(A) of the National
Internal Revenue Code of 1997

TO

All Internal Revenue Officers and Others Concerned

OBJECTIVES:
This Order is issued to:
A.

Prescribe guidelines on the receipt of excise tax returns and


other documents from oil companies;
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II.

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B.

Provide standard formats for oil companies in reporting daily


removals of petroleum products from refineries or places of
production; and

C.

Prescribe procedures on the filing of excise tax returns by oil


companies and payment of taxes due thereon, including the use
of Reimbursement Certificates-Tax Debit Memo (RC-TDM)
in payment of said taxes.

DEFINITION OF TERMS:
A.

"Daily removal" of petroleum products refers to the total


volume of petroleum products removed from the refinery or
place of production from 12:01 a.m. to 12:00 midnight, which
has been issued Withdrawal Certificate (WC) on or before the
said cut-off time by the Revenue Officer On Premise (ROOP)
assigned at the company's refinery or place of production.

B.

Reimbursement Certificate-Debit Memo (RC-DM) refers to an


accountable form issued by the Department of Energy (DOE)

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authorizing the BIR to utilize a Reimbursement Certificate


charged against the Oil Price Stabilization Fund (OPSF) in
payment of specific taxes.
C.

III.

Reimbursement Certificate-Tax Debit Memo (RC-TDM) refers


to an accountable form issued to a taxpayer by the Bureau of
Internal Revenue (BIR) as a written notice that his tax liability
has been charged against his Reimbursement Certificate.

POLICY GUIDELINES:
A.

The basis for the excise taxes to be paid shall be the daily
removal of the petroleum products based on WCs issued on or
before 12:00 midnight of each day.

B.

Payments for excise tax on petroleum products on the daily


removal of oil companies shall be through the Direct Debit
System charged against an account of the company with any of
the Authorized Agent Bank (AAB) branches for Large
Taxpayers
within the following banking day.

C.

Petroleum products shall be removed from the refinery or place


of production, irrespective of destination, only upon the
issuance of WC indicating therein the name and address of the
consignee, the date of removal, quantity and description of the
product removed, duly certified by the ROOP as to the
correctness of the entries by kind of product.

D.

After final determination of the quantity/volume withdrawn


reckoned from 12:01 a.m. to 12:00 midnight of each date of
removal, as evidenced by WCs issued, the availability of bank
deposit and/or credit line for excise taxes purposes at the time
of removal to cover the excise tax due and actual payment by an
oil company within the next banking day of the excise taxes due
shall be sufficient compliance with the requirement of payment
before removal from the refinery or place of production.
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E.

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Sufficient funds in the form of bank deposit and/or credit line


with any AAB for Large Taxpayers must be available at the
time of removal of the petroleum products to cover the required
daily excise payments. For this purpose, the BIR shall be
informed by the oil companies of the available balance in their
bank deposits or their unused credit line with its chosen bank(s)

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for excise tax purposes.


F.

IV.

Oil companies shall be liable for surcharges on the difference


between the excise tax payable for the day and the available
balance of their bank deposit and/or credit line for excise tax
purposes.

PROCEDURES:
A.

The Oil Companies shall:


1.

Open an account and/or credit line facility with any of


the AAB branches for Large Taxpayers for excise tax
purposes.

2.

For every daily removal of petroleum products from the


refinery or place of production, accomplish the Excise
Tax Return (BIR Form 2200), attaching therewith the
details on the kinds of petroleum products removed and
information on available bank deposit and/or unused
credit line for excise tax purposes, following the format
in Annex A or other similar format containing the same
required information.

3.

Pay the corresponding excise taxes due by advising the


chosen AAB to debit their account for the amount of the
tax payable within the next banking day from the date of
issuance of the WCs.

4.

Transmit to the Large Taxpayers Division an advance


copy of the Excise Tax Return and Authority to Debit
Account (ADA) and RC-TDM, if any, thru fax, or
information on the taxes due and amount authorized to
be debited and/or amount of RC-TDM, if any,
electronically.
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5.

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In case of payment thru RC-TDM, the following


procedures are prescribed:
a.

A separate RC-TDM shall be requested for each


of the daily returns filed.

b.

Oil companies shall be authorized to use


RC-TDMs to the extent of 10% of their daily

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excise tax payments in accordance with Revenue


Regulations (RR) No. 5-98
and Revenue
Memorandum Order (RMO) No. 77-98
.

6.

B.

At the option of the oil company, approved


RC-TDMs may be accumulated and the total
thereof applied as payment for excise taxes due
for a single day.

d.

Approved original copies of RC-TDMs shall be


attached to the corresponding original copies of
Excise Tax Returns which shall be submitted to
the Large Taxpayers Division weekly.

Original copies of the Excise Tax Returns for a


seven-day removal period (Monday to Sunday),
including original copies of attachments (Annex A and
RC-TDM, if any), shall be submitted to the Large
Taxpayers Division on the Wednesday immediately
following said period.

The Department of Energy (DOE) shall:


1.

C.

c.

Issue DOE RCDM within the next working day after the
date of removal of petroleum products from the refinery
or place of production.

The AABs shall:


1.

Debit the account of the oil company for the amount of


excise tax payable within the next banking day following
the date of removal of the petroleum products from place
of production based on the ADA of the oil company.
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2.

D.

The Large Taxpayers Division (LTD) shall:


1.

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Report the collections on taxes paid by oil companies in


the daily Batch Control Sheet (BCS) by attaching the
advance copy of the tax returns and copies of the Bank
Official Receipts evidencing the tax payments.

Receive the advance copy of the Excise Tax Return of


the oil company and transmit the same to the AAB where
the ADA instruction for the excise tax payment was

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given, for inclusion in the AAB's BCS.

V.

2.

Receive the original copies of the Excise Tax Returns


filed weekly by the oil companies, including the required
attachments, and reconcile the same with the advance
copies of the returns.

3.

Monitor daily the available bank deposit balance and


unused credit line for excise tax purposes of each oil
company and reconcile with the excise taxes payable for
each date of removal.

4.

Impose penalties for any insufficiency in the available


bank deposit balance and/or unused credit line as
compared with the excise tax payable and/or for late
filing of returns/late payment of taxes.

REPEALING CLAUSE:

This Order supersedes all other existing issuances or portions thereof


inconsistent with this Order.
VI.

EFFECTIVITY:
This Order shall take effect January 1, 1999.

prLL

(SGD.) BEETHOVEN L. RUALO


Commissioner of Internal Revenue
Annex A

DAILY VOLUME OF REMOVALS AND EXCISE TAX DUE ON PETROLEUM


PRODUCTS

PART II. (To be accomplished by the Oil Company-Head Office/Concerned Unit)


DATE: ________________
AMOUNT OF AVAILABLE FUNDS FOR EXCISE TAX PURPOSES
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(Indicate Name of Bank)


Balance of Bank Deposit
Unused Credit Line

P_______________
P_______________

Certified Correct:

______________________________
(Oil Company Representative)
Signature Over Printed Name

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Endnotes
1 (Popup - Popup)
Annex A

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