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PRESIDENTIAL DECREE NO. 2009
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PRESIDENTIAL DECREE NO. 2009 -
AMENDING PARAGRAPH (f) OF Section 126 OF THE NATIONAL INTERNAL REVENUE
CODE, AS AMENDED
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chanroblesvirtualawlibrary
WHEREAS,
there is need to provide additional safeguards for the proper
implementation of Presidential Decree No. 2007 which increased the tax
rates and maximum retail prices of cigarettes.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of
the Philippines, by virtue of the powers vested in me by the
Constitution, do hereby order and decree:cralaw:red
Section 1. Paragraph (f) of Section 126 of the
National Internal Revenue Code, as amended, is further amended to read
as follows:cralaw:red
"Sec. 126. —chanroblesvirtualawlibrary
"(f) Effect of Change of Rates and Classification. —
A change in specific tax rates and maximum retail prices of cigars and
cigarettes per tax bracket shall not allow a downward re-classification
of the tax bracket of any existing cigar or cigarette
brand. chanroblesvirtualawlibrary
"In case a manufacturer introduces a new category of cigarettes using a
foreign brand or trademark under a licensing agreement, for tax
purposes, the maximum retail price of such cigarettes shall in no case
be lower that the prevailing maximum retail price of an existing
category of cigarettes using a foreign brand or trademark of comparable
quality, blend, costs of production and other relevant factors.
"Duly registered and/or existing brands of cigarettes packed in
twenties shall not be allowed to be packed in thirties."
Section 2. Under P.D. No. 2007, the per bracket
specific tax rates, except on cigars, have been increased by 42% to
50%. Cigarettes taxed under a particular tax bracket before the change
in rates shall automatically be subject to the new specific tax rate
corresponding to the said bracket. No cigarette manufacturer or
producer shall be allowed to pay on their cigarette brands an amount
less than 142% of the applicable specific tax rates before the
change. chanroblesvirtualawlibrary
Section 3. Effectivity. — This Decree shall take
effect on January 6, 1986.
Done in the City of Manila, on
this 11th day of January, in the year of Our Lord, nineteen hundred and
eighty-six.
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