REVENUE REGULATIONS NO. 10-2021 issued on June 17, 2021 amends pertinent
provisions of Section 10 under Revenue Regulations No. 20-2018 relative to the outright
exemption granted to the exportation of Sweetened Beverages products.
Section 10 of RR 20-2018 is amended and shall read as follows:
SECTION 10. IMPOSITION OF EXCISE TAX ON REMOVAL OF SWEETENED
BEVERAGES PRODUCTS FOR EXPORT.
Removal of Sweetened Beverages products intended for export shall be subject to
the payment of the Excise Tax by the manufacturer due on every removal thereof from the
place of production. After payment of the tax, the manufacturers at its option may file a claim
for excise tax credit/refund pursuant to Sections 204 and 229 of the NIRC; or may avail of a
claim for product replenishment scheme in accordance to the prescribed provisions under
Sec. 6 of Revenue Regulations No. 3-2008 dated January 22, 2008, subject to the following
terms and conditions:
a. A permit shall be per shipment secured from the BIR Office where the
manufacturer is registered or required to be registered as an excise taxpayer
before the product is removed from the place of production;
b. The products removed from the place of production shall be directly transported,
loaded aboard the international shipping vessel or carrier, and shipped directly
to the foreign country of destination without returning to the Philippines;
c. Proof of exportation such as, but not limited to, the documents enumerated
below, shall be submitted within thirty (30) days from the date of actual date of
exportation. However, the concerned BIR Office may, upon written request by
the taxpayer-exporter, grant a maximum of 30 days, one-time extension for the
submission of such documents for meritorious reasons.
i. Export Entry Declaration duly filed with the Bureau of Customs
ii. Commercial Invoice
iii. Packing list
iv. Bill of Lading
v. Cargo Manifest, if applicable
vi. Inward bank remittance in foreign currency acceptable to the Bangko
Sentral ng Pilipinas
vii. Any document showing proof that the products exported have actually
arrived and unloaded in the foreign port of destination (e.g., certificate of
discharge, import entry declaration duly received by the foreign port of
entry, etc.)
viii. Other necessary documents as may be reasonably required; and
d. The prescribed phrase “EXPORTED FROM THE PHILIPPINES” is printed on
each label that is attached/affixed on the primary container in a recognizable and
readable manner.
Failure to submit proof of exportation within the prescribed period shall be construed
as non-exportation of the particular articles; and therefore, the same shall be subjected to
the corresponding applicable tax, inclusive of penalties. Relative thereto, subsequent
issuance of export permits shall not be allowed unless the assessed applicable tax due on
such unliquidated export, including the applicable penalties, shall have been paid. For this
purpose, proof of payment of the aforesaid assessment shall accompany the subsequent
application permit.