REVENUE REGULATIONS NO. 2-2016 issued on March 4, 2015 prescribes the guidelines
and procedures in the issuance of Authority to Release Imported Goods (ATRIGs) for imported
automobiles already released from customs custody.
The ATRIG should be issued prior to release of the excisable product from the
customhouse. For imported automobiles, Revenue Regulations No. 25-2003 mandates that all
importations of automobiles, whether for sale or otherwise, shall not be released without
payment of ad valorem tax. Furthermore, under the Bureau of Customs (BOC) and Bureau of
Internal Revenue (BIR) Joint Order which was published on the May 1, 2004, a Certificate of
Payment shall be issued only when an ATRIG covering the automobile/vehicle is presented. In
the event that the articles covered by the application for ATRIG have already been released from
customs custody prior to issuance thereof, no ATRIG shall be allowed to be issued just to
complete the documentation of the importation for BOC purposes.
Should an excisable item be released without the requisite ATRIG, a presumption arises
that the taxes due thereon were not paid or not paid properly. Thus, the excisable product, having
been withdrawn from any such place or from customs custody or imported into the country
without the payment or proper payment of the required taxes, may be detained by any Revenue
Officer in accordance with Section 172 of the NIRC, and if warranted, subsequently forfeited,
pursuant to Section 268(C) of the NIRC. The person/s responsible for the same shall be held
liable for unlawful possession or removal without payment of tax pursuant to Section 263 of the
NIRC, as amended.
Imported automobiles that were released from customs custody may still be issued
ATRIGs until March 31, 2016; Provided, that an application for ATRIG shall have been filed
with the Excise LT Regulatory Division (ELTRD) and that the Excise and Value-Added Taxes
due thereon are paid within the same period, computed pursuant to the rates provided for in
Section 4 of Revenue Regulations No. 25-03, based on the manufacturer’s/importer’s selling
price as defined under Section 5 of the same issuance, at the time of importation, including 50%
surcharge and 20% interest reckoned from the date of Final Import Entry and Internal Revenue
Declaration.
Consequently, all imported automobiles found to have been released from customs
custody after March 31, 2016 without the required ATRIG shall be subject to seizure pursuant to
Section 172, 263 and 268(C) of the NIRC, as amended.