EXECUTIVE ORDER NO. 883 - ADOPTING A 25% UNIFORM MARK-UP IN THE IMPOSITION OF THE ADVANCE SALES TAX

WHEREAS, Section 193(b) of the National Internal Revenue Code provides varying mark-ups for imported articles;  

WHEREAS, in line with the objective of promoting administrative simplicity it is necessary to adopt a uniform mark-up in the imposition of the advance sales tax.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the Philippines, pursuant to the powers vested in me under Sec. 290-B of the National Internal Revenue Code, as amended, do hereby direct and order that:  

Section 1. Section 193(b) of the National Internal Revenue Code, as amended, be amended to read as follows:

“(b) Sales tax on imported articles. — When the articles are imported, the percentage taxes established in Section 194, 195, 196, 197, 198, 199 and 201 of this Code shall be paid in advance by the importer, in accordance with the regulations promulgated by the Minister of Finance and prior to the release of such articles from Bureau of Customs’ custody, based on the home consumption value or price (excluding internal revenue excise taxes) thereof, plus ten (10%) percent of such home consumption value or price, including postage, commission, customs duty and all similar charges, except freight and insurance, to be declared in an importer’s return, plus [one hundred per centum of such total value in the case of articles enumerated in Section s 194 and 195; fifty per centum in the case of articles under Section s 196 and 197; and twenty-five per centum in the case of articles under Section s 198, 199, and 201], TWENTY-FIVE PER CENTUM OF THE TOTAL VALUE OF SUCH ARTICLES. The tax imposed in this Section shall not apply to articles to be used by the importer himself in the manufacture or preparation of articles subject to specific tax; Provided, however, That where the National Economic & Development Authority certifies to the availability of local raw material of sufficient quantity, comparable quality and price to meet the needs of manufacturers subject to specific tax the importation of such raw materials shall be subject to the tax herein imposed.”  

Sec. 2. Effectivity. — This Order shall take effect immediately.

Done in the City of Manila, this 16th day of March, in the Year of Our Lord, nineteen hundred and eighty- three.