House REPRESENTATIVES:

SEVENTEENTH CONGRESS OF THE ) RECEIVED
REPUBLIC OF THE PHILIPPINES ) te 5
First Regular Session ci Steen
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HOUSE OF REPRESENTA‘
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H.No._2606 Ls AND INDEX SERVICE

Introduced by Representative Vilma Santos-Recto
6th District of Batangas

AN ACT
EXEMPTING TOLLWAY OPERATIONS FROM THE VALUE ADDED TAX,
AMENDING FOR THIS PURPOSE SECTIONS 108 AND 109 OF THE NATIONAL
INTERNAL REVENUE CODE OF 1997, AS AMENDED

Explanatory Note

This proposed measure seeksto exempt the services of tollway operatorsfrom the
Value-Added Tax (VAT). Lawmakers, renowned taxexperts and economists consistently
maintained that the legislative intent inenacting Republic Act No. 7716, or the Expanded
Value-Added Tax Law in 1994 is to exclude tollfees from the coverage of VAT.

However, the Bureau of Internal Revenue (BIR)issued Revenue Memorandum
Circular No. 63-2010 dated July 10, 2010 clarifying that toll fees are subject to VAT, since
theservices of tollway operators are not listed among exempt transactions.In Diaz and
Timbol vs. Secretary of Finance and Commissioner of Internal Revenue, the Supreme
Court ruled that toll fees are subject to VAT.It is a well-settled rule in taxation that tax
exemptions must be justified by clear statutory grant and based on language in the law too
plain to be mistaken.

VAT is an indirect tax that is passed on to the consumers of goods and services.
Therefore, its imposition on toll fees will likely increase the cost of transportation and
consequently result in the increase of prices of basic goods and services. Similarly, various
manufacturing, business process outsourcing (BPO), passenger andcargo transport hub
operators and others will incur additional transport expenditures and experiencedisruptions
in their business expectations considering that the tollways link up freeports,
specialeconomic zones, regional food production areas and financial centers with the
population centers, in rural, urban and highly-urbanized areas. Among these are the Tarlac
Pangasinan La Union Expressway (TPLEX), Subic Clark Tarlac Expressway
(SCTEX),North Luzon Expressway (NLEX), Star Tollway, and South Luzon Expressway
(SLEX), among others.

Furthermore, VAT on services of tollway operators had never formed part of
thecontracts or agreements between the Government and investors under the various
Public-PrivatePartnership (PPP)-Build-Operate-Transfer (BOT)programs, the core of the
government's economic resiliencyplan.

Tollway operation is an inherent component of PPP in order to build the necessary
road infrastructures that government cannot fund by itself. Privately-built toll facilities
through the various modes of PPP consequently become publicly-owned at the conclusion /
termination / expiration of the contract or agreement. As such, they should not be subject to



VAT considering that tollway operators are merely stepping into the shoes of government
in constructing these roads for public convenience for a reasonable rate of return on their
investments.

Hence, the passage of this bill is earnestly sought.

VILMA SANTOS-RECTO


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SEVENTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES —_)
First Regular Session )

HOUSE OF REPRESENTATIVES

H.No._26U0

Introduced by Representative Vilma Santos-Recto
6th District of Batangas

AN ACT
EXEMPTING TOLLWAY OPERATIONS FROM THEVALUE ADDED TAX,
AMENDING FOR THIS PURPOSE SECTIONS 108 AND 109 OF THE NATIONAL
INTERNAL REVENUE CODE OF 1997, AS AMENDED

Be it enacted bythe Senate and House of Representatives of the Philippines in
Congress assembled:

1 SECTION. 1. Section 108 of the National Internal Revenue Code of 1997, as
2 amended, is hereby further amended to read as follows:
3 “SEC. 108. Value-Added Tax on Sale of Services and Use or Lease of Properties. ~
4 “(A) Rate and Base of Tax. — There shall be levied, assessed and collected,
5 a value-added tax equivalent to ten percent (10%) of gross receipts derived
6 from the sale or exchange of services, including the use or lease of
z properties: Provided, That the President, upon the recommendation of the
8 Secretary of Finance, shall, effective January 1, 2006, raise the rate of value-
9 added tax to twelve percent (12%), after any of the following conditions has
10 been satisfied:
ul “(i) Value-added tax collection as a percentage of Gross Domestic Product
12 (GDP) of the previous year exceeds two and four-fifth percent (2 4/5%); or
13 “(ii) National government deficit as a percentage of GDP of the previous
14 year exceeds one and one-half percent (1 %4%)..
15 "The phrase ‘sale or exchange of services’ means the performance of all
16 kinds of services in the Philippines for others for a fee, remuneration or
17 consideration, including those performed or rendered by construction and
18 service contractors; stock, real estate, commercial, customs and immigration
19 brokers; lessors of property, whether personal or real; warehousing services;
20 lessors or distributors of cinematographic films; persons engaged in milling,
21 processing, manufacturing or repacking goods for others; proprietors,
2 operators or keepers of hotels, motels, rest-houses, pension houses, inns,


resorts; proprietors or operators of restaurants, refreshment parlors, cafes
and other eating places, including clubs and caterers; dealers in securities;
lending investors; transportation contractors on their transport of goods or
cargoes, including persons who transport goods or cargoes for hire and other
domestic common carriers by land relative to their transport of goods or
cargoes; common carriers by air and sea relative to their transport of
passengers, goods or cargoes from one place in the Philippines to another
place in the Philippines; sales of electricity by generation companies,
transmission, and distribution companies; services of franchise grantees of
electric utilities, telephone and telegraph, radio and television broadcasting
and all other franchise grantees except SERVICES OF TOLLWAY
OPERATORS WITH TOLLWAY OPERATION CERTIFICATE
ISSUED BY THE TOLL REGULATORY BOARD AND those under
Section 119 of this Code and non-life insurance companies (except their
crop insurances), including surety, fidelity, indemnity and bonding
companies; and similar services regardless of whether or not the
performance thereof calls for the exercise or use of the physical or mental
faculties. The phrase 'sale or exchange of services' shall likewise include:

XXX.

SEC. 2. Section 109 of the National Internal Revenue Code of 1997, as amended, is
hereby further amended to read as follows:

“SEC. 109. Exempt Transactions. —

“(1) Subject to the provisions of Subsection (2) hereof, the following transactions
shall be exempt from the value-added tax:

S(A) xxx;

“Xxx;

(V) Services of banks, non-bank financial intermediaries performing quasi-
banking functions, other non-bank financial intermediaries; [and]

“(W) SERVICES OF TOLLWAY OPERATORS WITH TOLLWAY
OPERATION CERTIFICATE ISSUED BY THE TOLL REGULATORY
BOARD; AND

“(X[W] Sale or lease of goods or properties or the performance of services
other than the transactions mentioned in the preceding paragraphs, the gross annual
sales and/or receipts do not exceed the amount of One million five hundred thousand
pesos (P1,500,000): Provided, That not later than January 31, 2009 and every three (3)
years thereafter, the amount herein stated shall be adjusted to its present value using the
Consumer Price Index, as published by the National Statistics Office (NSO).

(2) xxx.”


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SEC. 3. Implementing Rules and Regulations (IRR).— Within sixty (60) days upon
approval of this Act, the Secretary of Finance shall issuethe IRR for the effective
implementation of this Act.

SEC. 4. Repealing Clause.- All laws, acts, decrees, executive orders, issuances, and
tules and regulations or parts thereof which are contrary to and inconsistent with this Act
are hereby repealed, amended or modified accordingly.

SEC. 5. Effectivity. - This Act shall take effect fifteen (15) days after its complete
publication in the Official Gazette or in at least two (2) newspapers of general circulation.

Approved,