LGUs deserve bigger share from excise taxOct. 29, 2006 - Bohol Standard
LOCAL government units (LGUs), who are miserably dependent on the national government controlled internal revenue allotment (IRA), can ask their fair share of excise tax and even the so-called occupation tax derived from sand and gravel and quarry operations.
This was stressed by the Mines and Geo-Sciences Bureau (MGB) during the capability building seminar last week as a response to clamor that LGUs are left with no choice and inequitable share in the extraction operations in the province. The Bohol Environment Management Office (BEMO) and MGB led by BEMO officer Angr. Rene Villaber and Engr. Raul de Dios, respectively, organized the activity participated in by law enforcers of the provincial government to provide them know-how in enforcing the environmental laws. It was held at Jjs Dimsum House along CPG avenue in this city.
The existing scenario is that LGUs can only have their fair share from the extraction tax derived from sand and gravel and small-scale mining operations in public lands but they receive none from those conducted in private lands.
Based on this, the barangay and municipality where the quarry operation is located have 40% and 30% share of extraction tax, respectively. The province gets the remaining30% share pursuant to section 138 of the Local Government Code (LGC) or RA 7160.
But still LGUs are dissatisfied with this. They still wanted to claim of their tax share from those in private lands.
Despite this predicament, MGB pointed out that LGUs may still assert to claim their share of excise tax from quarry operations based on sections 289, 290 of the LGC so that they may have additional incomes.
It was learned however that most of the LGUs are doubtful if they can do so or may not be aware that there is such excise tax share for them and some failed to ask for it.
Aside from this, LGUs may also insist for their occupation tax share also based on LGC and DENR Department Administrative Order No. 96-40. “Thirty percent (30%) of the occupation fees collected from permittees/contractors in onshore mining areas shall accrue to the province and 70% to the municipality where the onshore mining areas are located. In a chartered (independent) city, the full amount (100%) accrued to the city concerned.†(RVO)
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