Volume 13 Number 1 - University of the Philippines College of Law

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January - March 2002 National Administrative Register 501 We have received a number of calls, re PEZAís adjustment of the Local Sales Processing Fee (LSPF), which maintained the rate at 2% of sales value but set a minimum fee of P1,000.00 and a maximum fee of P10,000.00. Some economic zone enterprises with relatively low-value sales (i.e., sales less than P50,000.00) complained that the P1,000.00 minimum LSPF is higher than what they had to pay prior to the adjustment. Others wanted to know if the maximum LSPF of P10,000.00 applies to their entire authorized annual local sales allowance or to one sales-transaction only. In this connection, please take careful note of the following important points: 1. The original LSPF of 2% of sales was perceived as a tax, in as much the fee was based on an ìad valoremî rate (i.e., it was based on value and did not have a maximum limit). Consequently, a number of companies complained that they were paying PEZA huge sums of money for their local sales. They pointed out that the local sales allowance is intended to be an incentive for export producers and, therefore, should not be taxed by PEZA. 2. The PEZA Management Committee decided that, as an administrative fee, the LSPF should reasonably cover all costs pertaining to the processing, issuance, recording, monitoring and filing of authorized annual local sales allowances and permits for withdrawal of goods (to be sold in the domestic market) from the economic zones. The PEZA Management Committee further decided that, as much as possible, the LSPF should be a fixed amount, preferably a reasonably small one. 3. The first estimate was for PEZA to charge a fixed LSPF of P5,000.00; the amount was subsequently lowered to P3,000.00. A fixed LSPF of P5,000.00 will benefit enterprises with local sales usually valued at P250.000.00 or greater and will be disadvantageous to those with local sales usually valued lower than this amount. Similarly, a fixed LSPF of P3,000.00 will benefit enterprises with local sales usually valued at P150,000.00 or greater and will be disadvantageous to those with local sales usually valued lower than this amount. 4. In order that the LSPF will not be too burdensome for economic zone enterprises with smaller local sales transactions (i.e., local sales lower than P150,000.00), the PEZA Management Committee decided to implement a ìcompromiseî scheme that will ensure economic zone enterprises with big local sales transactions that their LSPF will not exceed P10,000.00 no matter what the value of their local sales and, at the same time, allow PEZA to ìcross-subsidizeî the LSPF of economic zone enterprises with smaller local sales transactions. The ìcompromiseî LSPF scheme consists of: l A minimum LSPF of P1,000.00 (for local sales with values less than or equal to P50,000.00). l LSPF of 2% of sales value (for local sales with values greater than P50,000.00 but less than P500,000.00); and
502 National Administrative Register Volume 13/1 l A maximum LSPF of P10,000.00 (for local sales with values of P500,000.00 or greater. 5. The LSPF rates (i.e., minimum, 2% of sales value and maximum) shall apply to each sales-transaction or to each batch or shipment of goods to be withdrawn from an economic zone enterprise for local sales. The LSPF has nothing to do with an economic zone enterpriseís authorized annual total local sales allowance. 6. Economic zone enterprises with small-value local sales transactions may mitigate or reduce the impact of the minimum LSPF of P1,000.00 per local sales transaction by arranging to sell in bulk to a trading company outside the economic zone for ìretailî resale to traditional buyers. For your information and guidance. Adopted: 09 Nov. 1999 (SGD.) MARY HARRIET O. ABORDO Deputy Director General for Operations RESOLUTION NO. 99-263 RESOLVED, That Resolution No. 95-163 dated 06 December 1995 is hereby amended insofar as the processing fee for local sales of quality finished products is concerned. RESOLVED FURTHER, That henceforth, the processing fee for local sales of quality finished products shall be two percent (2%) of the selling price: Provided, That in no case should the said processing fee be less than Php 1,000.00 nor more than Php 10,000.00 per transaction. (SGD.) ATTY. B. MARC A. CANUTO Corporate Secretary PHILIPPINE INTERNATIONAL TRADING CORPORATION Date Filed: 30 January 2002 Countertrade Monitoring Fees ìResolved as it is hereby resolved, that the Board of Directors of PITC approves the adoption of the following Schedule of Fees to be charged and collected by PITC for monitoring the performance of the countertrade obligations of government suppliers and/or their assignees pursuant to E.O. 120, s. 1993 and its Implementing Rules and Regulations. Resolved further, that the said fees, which are based on the total value of countertrade obligations, shall be categorized according to the type of government importation project, to wit:
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Volume 13 Number 1 - University of the Philippines College of Law

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