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TRO sought vs toll fees e-VAT; Noy has power to suspend tax By Benjamin B. Pulta and Angie M. Rosales 08/12/2010

Thursday, August 12, 2010

TRO sought vs toll fees e-VAT; Noy has power to suspend tax


By Benjamin B. Pulta and Angie M. Rosales
08/12/2010
A petition before the Supreme Court (SC) asks the tribunal to stop the Bureau of Internal Revenue (BIR) and the Toll Regulatory Board (TRB) from imposing the value-added tax on toll fees being collected from motorists which is scheduled to start on Monday, Aug. 16.

However, Malacañang can order the suspension of the scheduled imposition of the 12-per-cent expanded value-added tax (eVAT) on toll fees, which is seen to bring to as much as 286 percent the total rate increase, pending Congress’ review on the said policy, an administration senator said yesterday, although signs are that the Palace won’t move to stop this.

Sen. Franklin Drilon said that unless there is a court order that will put on hold its implementation on Monday, there is no stopping the eVAT on toll fees which, incidentally, will also coincide with the increase in its current rates.
“The Senate cannot do anything because the Senate does not have injunctive power. If there is no TRO (temporary restraining order) issued on it, it will have to be enforced, unless the Executive branch would order the deferment of the charges. The secretary of finance can do it,” he said. 

Drilon yesterday called on Finance Secretary Cesar Purisima to direct the Bureau on Internal Revenue (BIR) to impose, at least a moratorium, pending a review of the said policy vis-à-vis existing laws alongside inquiry in the upper chamber.

The suit was filed by former Nueva Ecija 1st District Representative Renato Diaz and former Trade and Industry assistant secretary Aurora Timbol.

Diaz is the principal author in the House of Representatives of Republic Act No. 8424, otherwise known as the “Comprehensive Tax Reform Act of 1997” and one of the co-authors and sponsors of Republic Act No. 7716, otherwise known as the “Expanded VAT Law.”

Timbol,on the other hand is one of the principal writers and initiators of the Consumer Code of the Philippines and a former consultant of the TRB Toll Operating Agreements (TOAs) and Supplemental Toll Operating Agreements (STOAs) between the government and its private sector partners... MORE

SourceThe Daily Tribune

URL: http://www.tribuneonline.org/headlines/20100812hed2.html


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