A Tax Is A Fee
A Tax Is A Fee
A Tax Is A Fee
or activity. It can be classified into two types namely, direct and indirect tax. If tax is
levied directly on personal or corporate income, then it is a direct tax. If tax is levied on
the price of a good or service, then it is called an indirect tax.
In this paper, the group aims to identify five rampant Issues on the Philippine tax
system which involve the individual and corporate taxpayers. This paper aims to
classifify 5 different issues and propose 5 different solutions for each of the issues.
Each of the issues will be presented as something that would affect the economy
greatly, discussed to find worthwhile solutions to problems and analyzed to find further
instances to what these solutions can do to the government, the public and its economic
standing.
Sin Tax Bill: Constitutional or Not?
The proposed legislation seeking to impose higher excise taxes on liquor and
tobacco products, more popularly known as the sin tax bill, is one of the most
controversial pieces of legislation that ever crossed the halls of Congress (Lim, 2012).
House Bill 5727, or the Sin Tax Bill, aims to restructure the existing taxes imposed on
alcohol and tobacco goods. Duties on these products are potential revenue sources
which will help fund the Universal Health Care Program of the administration. Likewise,
higher taxes and consequently higher costs are seen as a deterrent to the consumption
of “sin” products, whose adverse effects are mostly borne by the poorer segments of
society. According to Philippine senate, the new law is created to promote health by
discouraging vice and to collect more revenue for healthcare and is expected to bring
an additional P40 billion to the government’s coffers.
However, in the senate’s version of sin tax law, it applies a unitary rate on alcohol
and cigarette products, regardless of their retail price. Let us assume, for example, that
the unitary rate is P10 and the cheapest cigarette or alcohol brand costs P1 while the
premium brand costs P10. Since the rate is unitary, both classes will be subjected to
the P10 unitary rate. In practical terms, the unitary rate means that the poor man (who
will cater to the cheaper brand) will have to pay P11, 91 percent of which is excise tax,
while the rich man (who will cater to the expensive brand) will pay P20, only 50 percent
of which is excise tax. In addition to this, due to high level of tax imposed on tobacco
and alcohol products, it is more likely to attract smugglers entering in the nation. What
could be the best solution for this?
Solutions
Removal of the Sin tax law
In this case, solution 1 is to scrap the law itself. As stated by Lim (2012) in one of
his articles posted in the world wide web,on its face, the tax measure, in its current form,
appears to have discriminatory effect against the poor who will bear the larger tax
burden. It appears regressive in nature, and seeks to impose higher burden on those
who are in the lower brackets of economic class and status. It is against the principle of
taxation which should be in accordance to theoretical justice. In addition to this, there is
a profound consequences on the lives and livelihood of more than three million tobacco
workers, planters and their families. Due to high tax levied upon the tobacco and alcohol
industry, owners have no choice but to reduce the cost of their production. And by
reducing the cost of their production, that means that they need to reduce the number of
workers they had.
PCart or the Peoples Coalition Against Regressive Taxation has consistently
insisted that the Aquino regime is laying down a regressive system of taxation hidden
behind its universal healthcare program. They said that it does not have any qualms
about the government’s program as long as it will truly serve the poor majority of our
countrymen. The group, on the other hand, said that the sin tax bill is the opposite of
such an objective.
Our Constitution now embodies this basic principle of taxation when it expressly
provides in Article VI, Section 28, par. (1) that: “[t]he rule of taxation shall be uniform
and equitable. The Congress shall evolve a progressive system of taxation.” In tax
parlance, although the absolute value of tax collected is the same, there is a higher
burden of taxation on the less fortunate members of society due to the higher
percentage of tax relative to their ability to pay. Based on Adam Smith’s Canons of
Taxation, taxes should be in accordance to “theoretical justice,” which means that the
tax system “should be fair to the average taxpayer and based upon his ability to pay”
(Vitug & Acosta, Tax Law and Jurisprudence, 2006). Sin tax law violates this principle
by discriminating those belonging to the lower-income bracket of the population.
Furthermore, it defies the constitutional directive that all sectors of the country shall be
given optimum opportunity to develop. It gives prejudice on the lives of the workers on
the tobacco and alcohol industry due to high imposition of tax. Ironically, it triggers a
high possibility that workers in tobacco and alcohol industry will be dismissed from their
service. This law is against the constitutional objective to have an expanding
productivity as the key to raising the quality of life for all, especially the underprivileged
(Lim, 2012). As stated by Ilagan, one of the senators in the philippine government, “The
justification of the bill that its passage would stop or lessen smoking or drinking, will not
happen, because the moment people are addicted to smoking or drinking, no amount of
legislation could lessen that. And if you increase the tax rates, only the poor will be
affected, because the rich will say we can afford it so they will continue drinking and
smoking just the same. It will be the poor who will really suffer because they will be
burdened with additional tax.”
Amendment
As for solution 2, it is possible not to remove the law but instead amend or modify
the law itself. According to the provisions of the sin tax law, the revenues that will be
collected will go and increase the budget of the Universal Health Care program that
promotes better life and living to the Filipino Citizen. But one can see that it is not the
only problem in our society. Usually, youth have the habit to smoke and drink because
of lack of activities or opportunities in their life. They have nothing to do. Therefore,
adding some provisions in support to education and youth fostering program helping
them to recover and have a greater future will be a good investment not only for the
nation but also for themselves.
In addition, there should have a provision that will intensify or strengthen the
system in which will hinder or lessen the smuggling in the Philippines. It is a fact that the
rate of potentials smugglers in the nation will surely increase due to the imposition of
taxes on alcohol and tobacco product. Thereupon, there should be a strong foundation
for this law to became succesful.
Lastly, due to those workers that will lose their job because of the imposition of
the sin tax bill, there should be an amendment in the provisions of the bill that will give
incentives or benefits for those owners or workers in the tobacco or alcohol industry.
This is to help them recover or if not, regain their job as they used to have before. This
will also help prevent excessive unemployment happening in the country helping this
sector of the economy.
If the main aim of the government is to generate profits from tobacco and alcohol
and lessen the number of its users, then why not imposed instead Miriam Defensor
Santiago’s version of sin tax bill? Currently, the sin tax law was proposed by Senator
Franklin Drilon which aims to generate 40billion pesos as a revenue for the country. It is
estimated that the price of cigarettes will be from P1.00 going up to P2.50. On the other
hand, Santiago’s version is different. In her arrangement, it aims to generate 60-66
billion pesos from the taxes that will be imposed on these goods. It is estimated that the
price of cigarettes from P1.00 will be P10.00. However, due to almost 1000% increase
on tax on these goods, then smuggling will then be surely rampant. But, if there is
proper implementation of the law, and that if there is a proper system to stop the
smuggling in the Philippines, this version will surely help the economy gain or yield a
high amount of profit or if not, will prevent the smokers or alcohol drinkers, rich or poor,
to stop the habit and do it only once in a while. This will lessen the problem of the nation
in terms of poor health and discipline of the Filipino citizen.
Creation of new law that will support or strengthen the newly passed law which is
the sin tax law. The government specifically the legislative branch of it can create a law
that will generate a stronger assistance that will help sin tax law be better implemented.
An example of which is a system that will lessen the expected rampant smuggling in the
country that may hinder the generation of funds of the government. They can also
create a law that will help the workers of tobacco or alcohol industry that was laid off
due to reduction of cost in the production like job trainings or unemployment packages.
Also, they can create a specific law that of which those who will dispute the sin tax law
will not be tolerated and will be given an appropriate punishment. These also include
those that will use the money other than governmental functions and allocations of
budget. These creation of law, will in turn, will help the country achieve its goal in
imposing sin tax bill which is to generate profits properly and to create a program that
will support the Filipino citizen in the state.
By the end of the taxable year, all working individuals and corporations are to
declare all income received within the said year. Based on their revenue, they are to
use a tax table provided for reference in order to pay the correct amount of tax to be
filed and paid to the Bureau of Internal Revenue (BIR.) Once they have submitted the
requirements the following occur, taxpayers who have filed their income tax returns
either pay their taxes or do not. Also, in the portion of the taxpayers, who have paid the
amount, either pays the correct amount or not. Taxes are very important since it serves
as the lifeblood of the government and without it they would not be able to pay the debt
that the state owes to foreign countries and to provide subsidy, infrastructures, and
service to its people.
For the past decades now and in response to this issue, the BIR audits
those whose amount of tax due are paid incorrectly in order to make sure that the
individual or corporation pays the correct amount. Although they are taking action to do
so, they only investigate individuals who have high income and limit it to 10 individuals
per taxable year; In addition, they audit the tax returns manually, which consumes a
large amount of time. Because of this, we lose an opportunity to gain more revenue for
the State.
Solutions
Until today, smuggling is a rampant and serious issue in the Philippines. When
goods are smuggled, these are not taxable or aren’t subject to tax. As a result, there is
a great loss in revenues. There are two kinds of smuggled goods namely; physical and
technical. Physical smuggling is the importation of goods which supposedly should pass
through the Customs for payment of tariff duties. Food, for example, is a common
smuggled good. On the other hand, technical smuggling of goods involves fraud. The
usage of fake names, IDs, and company addresses are applied here.
People tend to smuggle goods because they want to avoid the payment of taxes.
They also do not want their time consumed because bringing products in the country
requires some paper work. It undergoes a long process especially when the goods are
illegal, questionable or raises curiosity (example: lots of gold jewelry, medicines or
money). Therefore, these smugglers would claim it as their “personal baggage” to make
activities easier.
Many would ask and wonder why smuggling of goods is made possible in the
country today. The answer is simple: the permission of authorities and the corrupt
people of the government. It is the government implementing laws and regulating rules.
Given this, there are five solutions for this rampant issue.
Solutions
The Filipinos have embraced other cultures and they get easily swayed by
whatever the foreigners will say. It is the colonial mentality which enables the
Filipinos to just accept and “worship” them. The people working at the Customs
in our country are of course, Filipinos themselves. It is sad how most of them are
unscrupulous, allowing imported goods to enter the company because of bribery.
It is no wonder why there is a loss in the country’s tax revenues – connivance of
the Customs and the smugglers. For example, if a particular good, container or
package is brought in the country, that person in the Customs will get P80,000 to
P200,000 per container.
Therefore, the officials, authorities and personnel at the Customs should
be well-trained. They should not allow bribery or any temptations that will
persuade them to allow smuggled goods. Personal matters should be out of work
or while working at the Customs. These people at the Customs are attracted with
the big offers they get in exchange of allowing the goods. Also, not all smugglers
are foreigners. In fact, the Filipinos themselves commit such acts.
The head of the Customs should make sure that everyone is adhering to
rules properly. They should be strict and serious with this issue negatively
affecting the country. A training program should always be conducted every year
to constantly remind these people at the Customs that smuggling cannot at all be
tolerated.
Strict regulation at the unguarded coastlines or any entrance around the
archipelago to stop underground shipping of goods.
There are not enough coast guards in the Philippines. It is difficult for the
country to watch over the inflowing activities especially in the areas of Mindanao
and Batanes because of the foreign countries nearby (Malaysia, Taiwan). In
order to have strict regulation at the unguarded coastlines or any entrance
around the archipelago to stop underground shipping of goods, the government
should simply hire more people to watch over. Why not be cunning as the North
Korean guards at the borderline?
Remove the known entry points of Clark and Subic Bay Freeport Zones for
smuggling goods which get duty-free privileges.
The Freeport zones of Clark and Subic Bay should totally be banished! It
is about time to stop tolerating such operations in the Philippines. It is a wonder
why the government is not taking action to stop this. Simply removing and
stopping the operations at the Clark and Subic Bay Freeport Zones which gets
duty-free privileges should be taken into action now.
Tax Amnesty
Due to the escalating tax evasion cases in a few countries like Nigeria, tax
experts proposed to create a solution. This would be called Tax Amnesty. It is an
awarded opportunity that is given to the taxpayers to pay a specific amount in a specific
time or period. This is a substitute for the evaded tax liability as a means of pardon or
forgiveness instead. In addition, it is also an alternative that would lessen agitation of
criminal or civil prosecution for evading taxpayers. Because of this, as stated by
experts, not all taxpayers evade by the use of fraudulent acts. To explain further, the tax
amnesty would benefit both the tax enforcers and the taxpayers by reducing labor and
payment which would be considered a sound economic tax system due to its
administrative feasibility and balance with the taxpayer’s proportionate ability to pay.
(Nwachukwu, 2011)
Imprisonment
Another alternate solution would be something that would probably induce
fear among the community of tax evaders. If there would be serious and prolonged
cases of tax evasion, imprisonment should be recommendable. The government should
make a sound system that would make the process from enforcement to imprisonment
be adequate for the taxpayer. This means that several notices should be given then if
the prescribed period was not met for the payment, then tax enforcement should be the
step. Finally, if the taxpayer still do not want to pay, and further evades the tax,
imprisonment should be the final step to compensate for the prolonged and serious
liability. The authorities should give a certain amount of days in prison that would be
adequate for the taxpayer as sound as possible.
References:
http://www.businessdayonline.com/NG/index.php/banking-a-finance/28024-tax-
amnesty-as-legal-solution-to-evasion-
http://www.thedailybell.com/853/Tax-Evasion.html
http://italychronicles.com/a-solution-to-tax-evasion-in-italy-the-energy-use-tax/
Income Taxation by Edwin Valencia and Gregorio Roxas
http://www.dti.gov.ph/uploads/DownloadableForms/Incentives.pdf
http://www.tripleiconsulting.com/main/philippines-tax-incentive-programs/philippines-
economic-zone-authorty-peza/peza-qualified-full-incentives/
http://www.oecd.org/dev/developmentpartnershipsnetworks/43801273.pdf
http://philtaxation.blogspot.com
http://www.bir.gov.ph/legalmatters/8757.htm
http://www.mb.com.ph/node/286577/anti#.UMFeFeRQCSo
http://business.inquirer.net/63257/problems-in-customs-weaken-drive-vs-smuggling
http://www.oecd.org/dev/developmentpartnershipsnetworks/43801273.pdf
Caraballo, M. (2012, November). Passage on sin tax bill fulfills govt’s revenue
objectives. Retrieved on December 6, 2012 from the World Wide Web:
http://www.manilatimes.net/index.php/news/top-stories/35811-passage-of-sin-tax-bill-
fulfills-govt-s-revenue-objectives
Horario, R., Valente, C. & Villamente, J. (2012, November). Senate finally passes sin
tax bill. Retrieved on December 6, 2012 from the World Wide Web:
http://www.manilatimes.net/index.php/news/top-stories/35746-senate-finally-passes-sin-
tax-bill
Official Gazette. (2012, September). Sin Taxes. Retrieved on December 7, 2012 from
the World Wide Web: http://www.gov.ph/sin-tax/
Antiporda, J. (2012, December). Recto defends Senate’s sin tax bill. Retrieved on
December 7, 2012 from the World Wide Web:
http://www.manilatimes.net/index.php/news/top-stories/36717-recto-defends-senate-s-
sin-tax-bill
Lim, F. (2012, November). Sin tax bill: Flagging some constitutional issues. Retrieved
on December 7, 2012 from World Wide Web: http://business.inquirer.net/93830/sin-tax-
bill-flagging-some-constitutional-issues
Rosales, A. (2012, November). Marcos to push sin tax bill amendments. Retrieved on
December 7, 2012 from World Wide Web:
http://www.tribune.net.ph/index.php/headlines/item/7068-marcos-to-push-sin-tax-bill-
amendments
Santos, M. (2012, November). Sin tax debate: Santiago cites high health care costs
from tobacco-related disease. Retrieved on December 7, 2012 from World Wide Web:
http://newsinfo.inquirer.net/305982/sin-tax-debate-santiago-cites-high-healthcare-costs-
from-tobacco-related-diseases