Republic of the Philippines
DEPARTMENT1OF FINANCE Roxas Boulevard Comer Vito Cruz Street Manila 1004
DEPARTMENT ORDER NO. 79'200-2 SUBJECT: Executive Order No. 142 Requiring Owners of Taxable Imported Motor Vehicles to Secure Clearances from the Bureau of Customs (BOC) and Bureau of Internal Revenue (BIR) as a Precondition for their Initial Registration or Renewal of Registration with the Land Transportation Office (LTO). TO
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All Internal Revenue and Customs Officers All Others Concerned
Pursuant to Section 3 of Executive Order No. 142, the following regulations are hereby issued to govern the issuance of clearances and car stickers for imported motor , issued jointly by the vehicles covered by Joint Department Order No. Department of Finance and Department of Transportation and Communication.
SECTION 1. SCOPE This Order shall initially cover taxable completely built-up (CBU) units of imported motor vehicles, including motorcycles, except those imported under the Car Development Program of the Philippines by car manufacturers and assemblers duly registered with the Board of Investments. The issuance of clearance for locally assembled and/or reassembled motor vehicles using" imported parts shall be .covered by a % separate Joint Department Order. Applications for the registration of unregistered imported motor vehicles under this Order may be availed until April 30, 2003 pursuant to Section 5(a) of Executive Order No. 142. For registered imported motor vehicles, this Order shall initially cover those imported from January 01, 2000 to December 31, 2002. The period stated herein shall not preclude owners of imported motor vehicles from availing of the provisions of this Joint Department Order.
SECTION 2. DETERMINATION OF THE AMOUNT OF DUTIES, TAXES AND FEES. - The amount provided for under Section 3 of E.O. 142 shall not include fines and surcharge and shall be computed as follows : A. For untaxed motor vehicles, including motorcycles, the assessment shall be based on the book value thereof subject to depreciation, if any. B. For motor vehicles, including motorcycles, which have deficiencies, the assessment shall be based on the book value thereof subject to depreciation, if any. The amount of duties and taxes previously paid shall be deducted from the assessment made.
C. For the purpose of this Order the depreciation shall be based on the straight line method at 10% per year with a maximum of 90%. D. The rate of exchange and the tariff rate for vehicles mentioned under Subparagraph (A) above, shall be based on the prevailing rate at the time of payment. For vehicles referred to under Subparagraph (B) of this Section, the rate of exchange and the tariff rate shall be based on the prevailing rate at the time of entry thereof SECTION 3. ASSIGNMENT OF PERSONNEL. - Assignment of BOC/BIR personnel at the One-Stop-Shop Center Office (OSSCO), LTO - For facilitation in the acceptance of the payment of duties, taxes and other fees and the issuance of the BOC/BIR clearance pursuant to E.O. 142, a BOCBIR Clearance Unit with sufficient personnel directly under their respective Commissioners shall be detailed at the OSSCO, LTO with the following functions : 3.1
Bureau of Customs
3.1.1
Receive applications for initial/renewal of registration with supporting documents from LTO for verification and issuance of BOC clearance.
3.1.2 Receive payment for duties, taxes and other fees found to be due on the motor vehicle 3.1.3
Issue BOC clearance
3.1.4
Issue car stickers after clearance shall have been obtained
3.2. Bureau of Internal Revenue (BIR) 3.2.1. Receive applications for initial/renewal of registration with supporting documents from LTO for verification and issuance of BIR clearance. 3.2.2 Verify the authenticity of the documents presented by applicants for Tax Clearance of imported motor vehicles covered by these joint rules and regulations. 3.2.3
Issue a Certificate of Tax Clearance on all imported motor vehicles whenever applicable.
SECTION 4. NON-ISSUANCE OF BOC CLEARANCE. - In case the owner of the vehicle or his representative refuses to pay the duties, taxes and other fees under this Department Order, after having been notified thereof, the Bureau of Customs shall not issue the Bureau of Customs clearance.
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SECTION 5. WARRANT OF SEIZURE AND DETENTION UPON FAILURE /REFUSAL TO PAY. - Ten (10) working days after the notice of the deficiency in duty, tax and other fees and no payment has been received, a Warrant of Seizure and Detention (WSD) shall be issued against the vehicle. The WSD must be accordingly served by the Bureau of Customs with the assistance of the LTO and other concerned agencies as may be necessary. SECTION 6. IMMUNITIES. - Upon full payment of the customs duties, taxes and other fees and/or applicable Internal Revenue taxes, the BOC/BIR tax clearance certificate shall be issued and forwarded directly to the LTO with the accompanying car sticker to be permanently pasted on the motor vehicle windshield. The importer/car owners shall not deface/tamper or remove the car sticker. If, for any reason the car sticker is defaced or destroyed, without the fault of the owner, a request in writing for replacement of the car sticker shall be made with the Bureau of Customs/Bureau of Internal Revenue, which shall issue a replacement therefore after verification and payment of cost thereof. The clearance shall absolve the taxpayer from any tax liability under the Tariff and Customs Code and/or the National Internal Revenue Code arising from his importation and/or possession of the motor vehicle. SECTION 7. EFFECTIVITY AND REPEALING CLAUSE This Order takes effect immediately and all other issuances inconsistent herewith are hereby revoked.
I S 14 RFO N. CAMACHO Secretary` 'Department of Finance i
Date : December 10, 2002
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