Restructuring The Excise Taxation of Motor Vehicles
Restructuring The Excise Taxation of Motor Vehicles
Restructuring The Excise Taxation of Motor Vehicles
1 Januaiy-February 2017
I. INTRODUCTION
The Duterte administration commits to reduce the personal income tax (PIT) under its
Comprehensive Tax Reform Program Package (CTRP) such that there w i l l be huge revenue
loss that the government needs to compensate.
This study reviews the excise taxation o f motor vehicles as one o f the sources o f
revenues to compensate for the forgone revenue from the proposed lowering o f the PIT.
II. H I S T O R I C A L C H A N G E S ON E X C I S E T A X A T I O N O F A U T O M O B I L E S IN
T H E P H I L I P P I N E S ( S E E A N N E X A)
The excise tax on automobiles was first imposed i n 1986 via Executive Order
(EO) N o . 36'. The rates were three-tiered ranging from 5% to 20% based on the
manufacturer's or importer's selling price, net o f excise and sales tax, depending on the
engine displacement and fuel used i.e. whether it is gasoline or diesel-fed. The tax was i n
addition to the then 30% sales tax imposed on original sale o f automobiles except motor
vehicles classified as trucks, jeeps and utility vehicles. In 1988, EO 273^ imposed a 10%
V A T on the sale o f goods and services in lieu o f the sales tax, including those o f
automobiles. Relative thereto, it also prescribed a revised excise tax schedule for
automobiles, as follows:
* Prepared by Marry-Jean V. Yasol, Tax Specialist I I , reviewed and approved by Ma. Berlie L. Amurao,
Supervising Tax Specialist and Marlene L. Calubag, Chief Tax Specialist, Indirect Taxes Branch, NTRC.
' Entitled, "Further Amending Certain Sections o f the National Internal Revenue Code as Amended",
effective August 1, 1986
- Entitled, "Adopting a Value-Added Tax, Amending for this Purpose Certain Provisions of the
National Internal Revenue Code, and for Other Purposes", effective January 1, 1988
Table 1, E X C I S E T A X S C H E D U L E O N A U T O M O B I L E S U N D E R E O 273
1988 - 2002
Engine Displacement
Tax Rate
Gasoline Diesel
Up to 1600 cc Up to 1800 cc 15%
1601 -2000 cc 1801 -2300 cc 35%
2001 - 2700 cc 2301 -3000 cc 50%
2701 cc or over 3001 cc or over 100%
Tax base: Manufacturer's or importer's selling price, net of excise and V A T
RR 14-99 provided, among others, that: (a) trucks and passenger jeepneys are not
covered; (b) closed or covered four-wheel drive vehicles, primarily designed to carry
passengers, regardless o f the number o f seats, are considered and taxed as automobiles
for purposes o f the said regulafion starting February 1, 2000; and (c) for the uniform
application o f the number o f seats criterion, the passenger seats must conform to the
f o l l o w i n g rules and area specifications:
(a) Each seat shall be a horizontal rectangular area with seat and feet space o f not
less than thirty-five centimeters (35 cm.) wide and sixty centimeters (60 cm.)
long for each passenger and fifty centimeters (50 cm.) wide and sixty
centimeters (60 cm.) long for the driver or operator.
(b) The requirement o f the Seatbelt Use Act o f 1999 (R.A. 8753) must be complied
with for a seat to be counted as such for purposes o f these regulations.
^ Entitled, "Revenue Regulations Governing the Imposition of Excise Tax on Automobiles and Other
Motor Vehicles."
•* Entitled, "Amending Section 2 of Revenue Regulations No. 14-97 Otherwise Known as Revenue
Regulations Governing the Imposition of Excise Taxes on Automobiles and Other Motor Vehicles."
(c) In all cases where there is a variance in the determination o f the correct number
o f seats, the number o f seats shown in the manufacturer's certification and
catalogue or brochure shall prevail.
In August 2003, R A 9224^ revised the excise tax structure and based it purely on
the vehicle price regardless o f engine displacement and type o f fuel used. In particular, it
imposed an ad valorem tax ( A V T ) based on the manufacturer's or importer's selling price
( M I S P ) , net o f excise tax and V A T , i n accordance w i t h the following schedule:
Table 2. E X C I S E T A X O N A U T O M O B I L E S U N D E R R A 9224
2003 - P R E S E N T
It was through R A 9224 that the tax regime on automobiles was changed from
pure ad valorem tax where the rate is directly applied on the price or value o f the
automobile to marginal tax rates applied to the excess o f a pre-defined threshold vehicle
price i n the tax schedule (similar to income tax). Furthermore, it effectively reduced the
rates from the previous 15%-100% to 2%-60% and removed the distincfion between
gasoline and diesel-fed engines.
A new definition o f the term "automobile" was also provided under R A 9224, as
any four (4) or more-wheeled motor vehicle regardless o f seating capacity, which is
propelled by gasoline, diesel, electricity or any other mofive power. Buses, trucks, cargo
vans, jeeps/jeepneys substitutes, single cab chassis, and special purpose vehicles are not
considered as automobiles.
•'' Entitled, " A n Act Rationalizing the Excise Tax on Automobiles, Amending for the Purpose the
National Internal Revenue Code of 1997, and for Other Purposes," approved August 29, 2003.
* Subject: Amended Revenue Regulations Governing the Imposition of Excise Tax on Automobiles
pursuant to the Provisions of Republic Act No. 9224, An Act Rationalizing the Excise Tax on Automobiles,
Amending for the Purpose the National Internal Revenue Code of 1997, and for Other Purposes. (Issued,
September 16, 2003)
(a) Tax treatment o f imported automobiles not intended for sale - A person/entity
can import only one (1) unit o f vehicle within a twelve month period, which
would be taxed based on its total landed value^.
(c) Tax exempt removals for export - Automobile manufacturers for exporting
purposes** shall be exempt from the A V T . Moreover, firms involved in the
delivery o f automobiles may be exempt from the pre-payment o f A V T .
(a) Brand new automobiles consigned to car manufacturers or dealers, the net
importer's selling price (ISP) shall be the higher value;
ii. Returning Filipino Residents who have resided abroad for at least one (1)
year {accumulated within 3 years o f his/her stay abroad immediately
preceding the date o f filing o f the Certificate o f Authority to Import ( C A I )
at the Bureau o f Import Services (BIS)};
iii. Immigrants holding 13A or 13G visas or those with dual citizenships
provided a prior Certificate o f Authority to Import had been issued by the
DTI-BIS prior to exportation.
^ The cost of the vehicle would include purchase price, freight, insurance and additional costs as
valued by the port.
** Carries a permit to export, direct delivery to vessel, proof of export and exporter's bond
' Subject: Revised Depreciation Schedule for Imported Motor Vehicles (Issued, October 29, 2014)
The No Dollar Importation (NDI) is a special privilege given by the goverrmient to returning
residents and other qualified individuals to bring motor vehicles into the country for personal use under certain
conditions.
(c) Used automobiles under the local purchase scheme, sold by privilege (duty/tax
exempt) persons to non-privilege (non-duty/tax exempt) individuals or those
sold by privilege to privilege individuals. The depreciated value o f the
automobile at the time o f sale, transfer or exchange shall be based on the
provisions o f C A O 07-2014.
Available data show that from a high collection o f almost PhP6.0 billion i n 1996, the
excise tax collection (ETC) on automobiles went down to PhP4.1 billion in 1997 and ftirther
to PhPl.5 billion in 2003 under EO 273. W i t h the fiill year implementation o f R A 9224 i n
2004, the collection hardly improved to PhPl.8 billion and remained more or less in that
level up to 2009. Starting 2010, the collection hit PhP2.0 biUion and more.
7.00 0.26%
0.24%
6.00 0.22%
E 0 273 RA9224 0.20%
5.00
0.18%
0.16% a
4.00
l
JZ 0.14% Q
a 0.12%
c .3.00
0.10% 5?
u 0.08%
2.00
0.06%
1.00
iGDP
Its percentage contribution to total excise tax collection, B I R collection, and GDP,
has been decreasing from percentage ratio o f 9.7% to 1.6%, from 1.1% to 0.2% and from
0.3% to 0.02%, respectively, from 1996 to 2015.
Table 3. V O L U M E O F R E M O V A L S ( V O R ) A N D E X C I S E T A X
C O L L E C T I O N S O N L O C A L L Y M A N U F A C T U R E D A U T O M O B I L E S , 1996-2015
(Amounts in Billion PhP)
Under R A 9224
2004 45,020 1.80 0.00% 0.00% 3.02% 0.38% 0.04%
2005 52,211 2.01 15.97% 11.77% 3.25% 0.37% 0.04%
2006 48,933 1.79 -6.28% -10.91% 3.07% 0.27% 0.03%
2007 54,606 1.82 11.59% 1.88% 3.31% 0.26% 0.03%
2008 54,080 1.66 -0.96% -8.73% 2.71% 0.21% 0.02%
2009 57,439 1.88 6.21% 13.28% 3.11% 0.25% 0.02%
2010 66,498 2.37 15.77% 25.93% 3.53% 0.29% 0.03%
2011 56,597 2.00 -14.89% -15.69% 2.94% 0.22% 0.02%
2012 61,643 2.34 8.92% 16.88% 3.23% 0.22% 0.02%
2013 67,722 2.35 9.86% 0.57% 1.98% 0.19% 0.02%
2014 69,082 2.33 2.01% -0.78% 1.72% 0.17% 0.02%
2015 74,347 2.45 7.62% 4.84% 1.55% 0.17% 0.02%
Ave 59,015 2.07 4.65% 3.25% 2.79% 0.25% 0.03%
Total
51,361 2.40 1.71% -4.01% 3.55% 0.36% 0.05%
Ave.
Source of basic data: BIR [
I
i
The bulk (76%) o f the volume o f removals came from the 20% tax bracket with the j
highest recorded i n 2015. Accordingly, total excise tax collection was highest under said
bracket which comprised 90% o f the total collection.
Table 4. V O L U M E O F R E M O V A L S A N D E X C I S E T A X C O L L E C T I O N S
F R O M L O C A L L Y M A N U F A C T U R E D A U T O M O B I L E S B Y B R A C K E T , 2009-2015
(Amounts in Million PhP)
The same observation is found on imported automobiles wherein processed data from
the B O C showed that the highest V O R and ETC came from the 20% tax bracket i n 2015.
Under the said bracket, excise tax collections amounted to PhP6.35 billion which comprised
58.2% o f the total collection while its V O R comprised 52.8% o f the total removals.
Table 5. E S T I M A T E D V O L U M E O F R E M O V A L S A N D E X C I S E T A X
C O L L E C T I O N S B Y B R A C K E T F R O M I M P O R T E D A U T O M O B I L E S , 2015
(In Million PhP)
Thus, the combined total excise tax collection from both local and imported
automobiles is estimated to be PhP 13.36 billion, o f which 81.7% came from the BOC
collections.
Table 6. T O T A L E X C I S E T A X C O L L E C T I O N S B Y B R A C K E T FROM
L O C A L L Y M A N U F A C T U R E D A N D I M P O R T E D A U T O M O B I L E S , 2015
(In Million PhP)
It is noted that prior to R A 9224, automobile excise taxation was based on engine
displacement. Such policy was based on the premise that motor vehicles inflict damage to the
environment and thus the heavier the motor vehicle is, the greater the environmental damage,
hence, heavier taxes". However, policy-makers have decreed that value-based taxation is
more transparent and easier to administer.
IV. C O M P A R A T I V E E X C I S E T A X A T I O N O F M O T O R V E H I C L E S IN O T H E R
COUNTRIES
Brunei imposes a standard rate o f 20% based on the value o f the M V except for
certain types o f tractors which are taxed at 15%. Singapore also collects 20% excise tax
except on motorcycles which are taxed at 12%.
" APTF ASEAN Excise Tax Study Group Discussion Paper. available at
www. iticnet.org/images/Phase_ II_Discussion_Paper.pdf, viewed October 2015
Cambodia imposes three-tiered rates o f 10%, 20% and 30% o f ex- factory
selling prices o f automobiles based on their tariff headings and engine displacement.
The higher the engine displacement, the higher is the excise tax.
Indonesia, Lao PDR, Malaysia, Thailand and Vietnam apply multiple tax rates
depending on the type o f M V and engine displacement. I n particular, Indonesia
imposes rates ranging from 10% to 125%; Lao PDR, from 10% to 150%; Malaysia,
20% to 105%; Thailand, 10% to 50%; and Vietnam, 10% to 60%.
Thailand is the only country that imposes the excise tax based on the
emission rate o f each type o f M V and engine. The higher the emission rate, the higher
the excise tax rate.
Indonesia, on the other hand, considers the seating capacity o f the M V aside
from the type o f engine and cylinder in its excise tax structure. In particular, it levies
higher tax on M V s used for transporting less than 10 passengers including the driver
than on those with 10 up to 15 passengers and exempts M V s with 16 or more seating
capacities. Vietnam also considers the seating capacity i n its excise tax structure with
higher rate imposed on passenger cars o f nine (9) seats or less and lower rate on those
with 16 to 24 seats.
The Philippines levies a four-tiered excise tax with rates ranging from 2% to
60% depending purely on the manufacturer's or importer's selling price net o f excise
and V A T .
In terms o f the coverage o f the excise tax, the Philippines imposes the tax on
"automobiles" which include any four (4) or more wheeled motor vehicle regardless o f
seating capacity, which is propelled by gasoline, diesel, electricity or any other motive
power. Buses, trucks, cargo vans, jeeps/jeepneys/jeepney substitutes, single cab,
chassis, and special purpose vehicles are not considered as automobiles; hence, not
subject to excise tax.
Unlike the Philippines which limits its excise tax in any four (4) or more
wheeled M V s , eight (8) A S E A N member-countries namely Brunei, Cambodia,
Indonesia, Lao PDR, Malaysia, Myanmar, Singapore and Vietnam impose excise tax
on two- wheeled M V such as motorcycles. Thailand similarly does not collect excise
tax on motorcycles like the Philippines.
While the Philippines does not subject buses and trucks to the excise tax, Lao
PDR and Myanmar include them i n the coverage o f their respective excise tax
structure. Singapore also subject buses to the tax.
While the Philippines does not tax special purpose vehicles, Brunei, Indonesia
and Singapore impose the excise tax on these. In particular, Brunei imposes the excise
tax on crane lorries, concrete mixer lorries, road sweeper lorries, fire fighting vehicles,
mobile radiological units while Indonesia imposes the tax on special vehicles made for
golf, snow, on the beach, on the mountain and the like. Singapore also subject to the tax
special vehicles designed for travelling on snow, golf cars, ambulance and hearses,
among others.
B. T A X A T I O N O F L U X U R Y CARS O R M O T O R V E H I C L E S IN O T H E R
COUNTRIES
In Australia, cars with value over the luxury car tax ( L C T ) threshold are subject
to an L C T rate o f 33%. The tax is applicable to the portion o f the car's value that is
above the threshold, and not the total value o f the car. The tax is levied against the
seller - the car retailer, wholesaler or manufacturer but the seller may pass this
substantial cost on to consumers by adding the amount o f LCT paid on top o f the car's
retail price. The L C T is payable on imported luxury cars unless the car is covered by a
specified Customs duty concession item or L C T exemption. For LCT purposes, a car is
a motor vehicle (but not a motorcycle) designed to carry a load o f less than two (2)
tonnes and fewer than nine (9) passengers. However, a limousine is classified as a car,
regardless o f the number o f passengers it is designed to carry.
The following table lists the L C T thresholds for the relevant financial year - the
financial year the car was imported, acquired or sold.
Table 7. A U S T R A L I A ' S L U X U R Y C A R T A X T H R E S H O L D S
V. PROPOSED E X C I S E T A X R E F O R M ON A U T O M O B I L E S
House B i l l ( H B ) No. 4774 proposes that the lowest bracket be increased irom 2% to
4% and the succeeding marginal tax rates from 20%-60% to 40%-200%. Below is the
comparative schedule o f the proposed vis-a-vis the present excise tax rates on automobiles.
Table 8. P R O P O S E D E X C I S E T A X R A T E S O N A U T O M O B I L E S
Table 9 shows the comparative maximum tax and maximum effective excise tax rates
(ratio o f excise tax to NMISP) per tax bracket under present and proposed schedules.
At N M I S P o f PhP600,000 in the first bracket, the tax under present tax schedule
amounts to PhP 12,000. The tax w i l l increase to PhP24,000 under the proposed tax schedule.
A t NMISP o f PhP 1.1 million i n the second bracket, the present tax amounts to PhPl 12,000.
It w i l l double to PhP224,000 under the proposed excise tax. The effective tax rate w i l l also
double from 10.2% to 20.4%. In the third bracket, the tax for NMISP o f PhP2.1 million
amounts to PhP512,000 but it w i l l more than double to PhP 1.224 million under the proposed
excise tax rate. In the fourth bracket, the increase i n the tax w i l l more than double or triple
depending on the NMISP o f motor vehicles.
Table 9. C O M P A R A T I V E E F F E C T I V E E X C I S E T A X R A T E S P E R T A X
B R A C K E T U N D E R P R E S E N T A N D H B 4774
Table 10 shows the impact o f the proposed excise tax on suggested retail price (SRP).
Assuming a 20% dealers' profit margin, with the proposed excise tax rates, SRP o f sample
motor vehicles w i l l increase by 2% to 14% i n the first to third brackets. The increase w i l l be
more for other higher-priced brands/models falling under the third bracket. On the other
hand, the increase in the SRP o f sample motor vehicles in the fourth bracket w i l l range fi-om
34% to 59%. Again, the increase could be more for higher-priced brands/models falling
under the fourth bracket.
Table 10. I M P A C T O F T H E P R O P O S E D E X C I S E T A X
ON T H E S E L L I N G P R I C E O F A U T O M O B I L E S
On the other hand, Table 11 presents the impact o f the proposed excise tax on auto
financing. Assuming a 20% down payment and 27.28% and 36.10% interest rates for five (5)
years o f Bank A and Bank B, respectively, on car loans, there w i l l only be minimal increases
in the monthly amortizations on motor vehicles. Based on sample motor vehicles, the
increase i n monthly amortizadons under a 5-year installment period only ranges fi-om
PhP 146 to PhP4,512 for Bank A and PhP 156 to PhP4,824 for Bank B. The increase is still
affordable for low-priced motor vehicles but the impact becomes heavier as the price o f the
motor vehicle goes up.
Table 11. I M P A C T O F T H E P R O P O S E D E X C I S E T A X O N A U T O
FINANCING FOR FIVE YEARS
VI. C O N C L U S I O N AND R E C O M M E N D A T I O N
The present tax o f 2% tax on the first bracket under the Philippine tax schedule is the
lowest compared with the 5% or 10% minimum tax rate in other A S E A N member-countries.
The proposed increase in the minimum tax from 2% to 4% i n the first bracket and from 20%
to 40% in the second bracket w i l l make the rates comparable with its A S E A N peers.
Moreover, given the tax savings on personal income tax and low increase in the monthly
amortization i n case o f car financing, buying a car i n the first and second brackets w i l l still
be affordable among middle income employees.
On the other hand, the significant increase in the proposed marginal tax rates ranging
from 100% to 200% on high-priced automobiles under the third and fourth brackets w i l l
enhance the progressivity o f the tax and is justified on the ability to pay o f potential buyers.
E X C I S E T A X R A T E S AND DEFINITION OF A U T O M O B I L E S
Legislation
(Date of Tax Schedule
Effectivity)
"Automobile" is
wheeled vehicle o
jeepneys, which i
electricity or any
designed to trans
transport freight
utility or light co
Legislation
(Date of Tax Schedule
Effectivity)
passenger use wit
passengers, inclu
C O M P A R A T I V E E X C I S E T A X A T I O N O N M O T O R V E H I C L E S IN A S E A N C O
OverPhP2.1 million
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2. Large Vehicles:
4. Vehicle accessories
Malaysian Automotive Association, "Duties & Taxes on Motor Vehicles", http://www.maa.org.mv/info dutv.htm
of International Trade and Industry, "Domestic Automotive Duty Structure for CBU and CKD", http://www.miti.gov.mv/
PRESS%20RELEASE%20 ENGLISH.xls. viewed 11 March 2016
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Commercial Vehicles
Motorcycles
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' Singapore Customs; http://www.customs.gov.sg/leftNav/trad/val/List+of+Dutiable+Goods.html. viewed March 0
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emission rate less than 150
g/km
In order to promote green technology, the Thailand government has restructured automotive excise taxes to bette
be effective on 01 January 2016. http://www.boi.go.th/upload/content/BOI-brochure%202015-automotive-20150325_7029
Country Particulars Tax Base
Thailand (cont.) ii. emission rate 150g/km up
to 200 g/km
3. Hybrid vehicles
4. Eco cars
5. Pick-up trucks
6. Electric motors
9. Bowsers'^
A bowser is a generic name for a tanker of various kinds. In the United Kingdom, it is used by water companies
to distribute fresh water in emergency situations. It also describes a fuel tanker used to deliver fuel to aircraft at airports or
boats that supply seaplanes, and vehicles that fill heavy construction equipment such as hydraulic excavators and bulldoze
http://evervthing.explained.today/Bowser (tanker)/, viewed 20 April 2016)
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NTRC Tax Research Journal Vol. X X I X . 1 January-February 2017
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