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  • VAT windfall to reach P18.6B;
    government urged to buy back Petron
     
    By Butch Fernandez and Fernan Marasigan
    Reporters

    THE government is looking at an P18.6-billion windfall—or more than the P16-billion to P17-billion earlier estimates—from the 12-percent value-added tax (VAT) on oil, largely due to the skyrocketing cost of imported crude in the world market, finance officials informed members of a congressional oversight panel Monday.

    Sen. Francis Escudero, cochairman of the Senate-House oversight committee on the Comprehensive Tax Reform Program (CTRP), noted that the P18-billion windfall from VAT on oil imports alone is “on top of the target revenue that the Department of Finance [DOF] projected when it pegged the price of crude oil per barrel at between $62 to $70 for this year.”

    Confirmation of the windfall came as lawmakers offered more options on how best to use the VAT windfall to ease the impact of soaring fuel and food prices on people without heeding a persistent call from some senators to suspend or scrap the VAT on petroleum products. The finance department, tasked to review the options, had earlier signaled it is amenable to using the windfall for propoor measures, but stressed that the Executive cannot do any of these measures if Congress removes the VAT.

    On top of an earlier proposal by House Speaker Prospero Nograles, another use for the VAT windfall was raised Monday by a party-list congressman: Use the money to get back Petron to give the government leverage in influencing prices in the long term.

    Arguing that while he acknowledged the good intention of the suggestion to use the windfall tax to give some relief to consumers from high prices, such use is just a “one-shot deal,” compared with the long-term value of reacquiring Petron, according to Rep. Teodoro Casiño of Bayan Muna.

    In a statement, he said regaining control of former state-owned Petron Corp. gives the “government enough market leverage to lower domestic oil prices and check the monopolistic and abusive practices of foreign oil firms.”

    The board of the Philippine National Oil Co. (PNOC) recently gave clearance for government’s Petron partner, Saudi Aramco, to sell its 40-percent stake to British investment fund group Ashmore. Critics argued that with Aramco disposing of its stake, the argument that selling the government’s 40-percent stake to the Saudis as a strategic move has collapsed; hence the renewed clamor for Manila to retake that stake. However, finance officials had said earlier the state did not have the wherewithal for such.

    According to Casiño, a subsidiary of Ashmore recently made a $550-million offer for Aramco’s stake in Petron Corp. The Saudi government-owned company bought its Petron stake for about $530 million in 1994.

    “The fact that Aramco’s stake is up for sale gives us a golden opportunity to correct the mistake of selling Petron. In fact, only a part of the P16.7 billion is needed to get back a majority control of Petron. All government needs is to reacquire another 11 percent of Petron’s shares on top of the PNOC’s 40-percent stake to gain the majority in the oil firm,” said Casiño.

    Meanwhile, yet another option for the use of part of the VAT windfall came from Sen. Pia Cayetano. She insisted that health services should get at least 10 percent from the reported P18-billion incremental revenues from VAT this year because this is already in the law.

    “The first thing to be done is to implement the expanded value-added tax law [Republic Act 9337] which requires under Section 21 amending Section 288 of the National Internal Revenue Code that allocates 10 percent of incremental revenues from E-VAT should be allocated for health insurance premiums of enrolled indigents,” she said.

    She agreed with the proposal by Speaker Prospero Nograles to use the incremental funds from VAT on petroleum to subsidize the electricity and fuel consumption of consumers, but added “this is not enough.”

    A “more direct intervention to benefit the people” is setting aside part of these funds for basic health services, she said—by improving facilities, increasing medical staff and ensuring the supply of medicines and other basic provisions in public hospitals and community health centers.

    In estimating the VAT windfall for 2008, Escudero recalled that the oil price projections, since overtaken by surging oil prices now hovering at over $130 per barrel, were part of the budget documents submitted to Congress last year. “That’s only for oil. Their assumptions were at $62 to $70 per barrel at the exchange rate of P46-P48 to a dollar. It’s clear that these were wrong, hence the windfall. The dollar is weaker and oil is more expensive.”

    A Congressional Planning and Budget Department study earlier showed the government stands to gain a windfall or additional P16.7 billion from E-VAT as a result of the increased price of Dubai oil.

    Escudero estimated that at 12-percent VAT of P40 per liter of gasoline at the pump, the VAT would add up to P4.80 per liter. “At P52 per liter, that goes up to something like P6.24; so, while the price rises, government revenue increases since it’s a percentage tax. So, there’s a windfall [revenue] and if this goes on, that’s P18.6 billion.”

    The irony, he said, is that it’s a windfall profit where even the government “benefits” from soaring oil prices, and thinks this is unconscionable. He invited attention to tariff, which is adjusted downward while prices rise, so it becomes zero or revenue-neutral.

    “Which is why we in the Senate ways and means committee are pushing for three options on the VAT: removal, suspension or reduction with the view to equalize it, just like the tariff, meaning if oil prices increase they can forgo with the additional tariff, or authorize the President to do so.

    “A third option is to use the windfall oil revenue to establish a fund similar to OPSF [Oil Price Stabilization Fund] that can absorb the spikes.

    This developed as only Sen. Juan Ponce Enrile agreed with the reported assertions made by Teves that only the rich would benefit if the VAT is scrapped at this time. Several senators debunked the finance secretary’s claim.

    “I agree with Secretary Teves that if the VAT on oil [estimated to bring in P54 billion in revenue] is lifted, it will lessen collections” and affect delivery of vital government services, as well as its infrastructure programs like road networks, bridges, etc.,” Enrile said. He suggested, however, that Teves consider paring down the VAT on power from 12 percent to 2 percent to help bring down consumers’ electric bills.

    Senate Minority Leader Aquilino Pimentel Jr. disputed Teves’s claim that only rich people will benefit from removal of the VAT, noting that both rich and poor people are paying the tax when they avail of goods and services. “Tax laws should be progressive,” said Pimentel.

    Sen. Loren Legarda dared Teves to take away the VAT from food and other consumer products. “If the VAT is not lifted, there should be other ways government can immediately adopt to mitigate the additional burden imposed on consumers by rising prices of oil and power,” Legarda added.

    Sen. Mar Roxas II, who has been calling for scrapping the VAT on oil, complained that the argument of Secretary Teves (about the rich being the only beneficiaries of lifting the Vat on oil) is “not rooted in reality.”

    Escudero added that Teves, in raising the argument that VAT lifting favors only the rich, was “assuming that we are talking only of automobiles. But we are talking of oil products with a multiplier effect. Almost all consumer goods use oil and fuel as part of cost of production.”

    At the same time, Sen. Miriam Santiago, cochairman of the Joint Congressional Power Commission (Powercom), instructed Energy Regulatory Commission (ERC) chief Rodolfo Albano to take immediate steps to bring down consumers’ electric bills.

    While conceding that the Powercom has no power to issue orders to the ERC, Santiago argued in a privileged speech that the Epira law gives Powercom the function of issuing guidelines to the ERC, as well as monitor and ensure implementation of the Epira, which was intended to lower power rates.

    The DOF said it prefers measures to mitigate high oil and food prices, rather than totally suspending VAT on oil, as this may cause billions of forgone revenues to the national government and only benefit higher-income families.

    In a statement, Teves said that based on their simulations, it would cost the government some P73.1 billion in forgone revenues if the VAT on oil was suspended.

    “Suspending the VAT on oil would mean that those who can afford to pay higher oil price, like those with luxury cars and other gas-guzzlers, would benefit more and that would not be equitable,” Teves said.

    He added that the DOF prefers oil subsidies to public utility vehicles, such as the P2 per liter discounts given to the jeepney drivers, and food subsidies to poor families.

    The DOF would also ask several government financial institutions, such as the Development Bank of the Philippines, to provide loans to jeepney drivers and operators to convert their engines from using diesel to cooking gas, which it said is cheaper.

    Teves, however, warned that his agency could not do anything if Congress decides on suspending the VAT on oil.

    Earlier, the government implemented a tariff-reduction scheme to mitigate the impact of world oil prices, which already peaked at $135 per barrel. By June 1, oil tariffs would have gone down to zero, which will also impact on the Bureau of Customs’ collection goal for the year.

    Legislators, however, said the tariff reduction is not enough to help consumers, which was where the issue on scrapping VAT on petroleum and petroleum products and also on power is coming from.

    A bill has been filed in both chambers of Congress, led by militant legislators at the House of Representatives, to suspend the 12-percent VAT on oil. (With VG Cabuag)

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