Draft rules seek to limit PERA revenue losses
DRAFT RULES implementing Republic Act (RA) 9505 or the Personal Equity and Retirement Account (PERA) Act of 2008 strictly limit annual contributions to reduce revenue losses from perks mandated by the law.
The regulations also specify who can apply for tax credit certificates (TCCs) to ensure that TCCs are not fraudulently used.
The draft, prepared by a technical working group at the Capital Market Development Council (CMDC) and up for a discussion later this year, state that annual contributions cannot go beyond P100,000 for an individual Filipino working and residing in the country and P200,000 for those working abroad.
Five PERAs can be maintained at any one time but the annual contributions must not exceed P100,000 or P200,000.
Resident Filipinos, meanwhile, cannot apply for TCCs to claim a 5% income tax credit provided under RA 9505. OFWs, however, can do so to reduce their internal revenue tax liabilities.
The draft revenue regulations, dated Feb. 15, supersede those dated Dec. 9, 2009 that allowed annual contributions higher than P100,000 and P200,000.
The older draft also stated that resident Filipinos could apply for a TCC, which they could use to reduce their income tax liabilities, while OFWs may use their TCCs to pay for any internal revenue tax.
Rescina S. Bhagwani, CMDC executive director, told BusinessWorld the annual contributions were deliberately capped at P100,000 and P200,000 to limit revenue losses for the government.
In addition to the tax credit equivalent to 5% of contributions, PERA investment and reinvestment income is also exempted from a slew of taxes such as the final withholding tax on bank deposits, 10% tax on cash or property dividends, and the stock transaction tax on shares traded through the stock exchange.
"[The rules are intended] to avoid the abuse of tax incentives because in PERA, as you know, everything has incentives: the initial you amount you put in, and the moment that amount is invested, that also has [tax perks]," Ms. Bhagwani said.
Finance Undersecretary Gil S. Beltran, in a separate interview, said: "If for example, you earn high, wouldn’t you want to invest more money [into a PERA] so your investment will earn more and then enjoy also more tax incentives?"
While resident Filipinos cannot apply for TCCs, they can get a certification from their administrators on their contributions which will be used by employers to adjust withholding taxes on compensation income.
Self-employed individuals and OFWs are the only ones who can apply for TCCs.
"[The] BIR is saying there seems to be a lot of fraud happening in the use of TCCs. The TCCs can be sold, so we want to avoid that," Ms. Bhagwani said.
Tax Commissioner Kim S. Jacinto-Henares said the CMDC was allowed to draft the new regulations because it was insistent that RA 9505 be finally implemented.
The PERA law was enacted in August 2008 to encourage Filipinos to save up for retirement. Implementing rules pertaining to PERA administrators and custodians were issued in October 2009 by the Bangko Sentral ng Pilipinas and the Securities and Exchange Commission (SEC), but the law could not be implemented sans BIR regulations governing the law’s tax provisions.
The CMDC has forwarded its draft to the BIR for review. "Hopefully it will be finalized during CMDC’s next meeting in May," Ms. Bhagwani said.
CMDC counts among its members the Finance department, central bank, SEC, Insurance Commission and private sector groups such as the Bankers Association of the Philippines and the life and non-life insurers industry groups.
Ms. Jacinto-Henares said she had yet to see a copy of the draft, which should also "consider the monitoring of PERA accounts."
"A PERA contributor is allowed to maintain five PERA accounts anywhere in the country. Just imagine how the BIR will be able to monitor each and every account to see if they are following the instructions not to exceed the allowable amount," she said.
Lina P. Figueroa, a principal at Punongbayan and Araullo, said capping the annual contributions "may discourage people from investing in PERAs."
She also questioned the planned issuance of TCCs to OFWs, noting the latter "are already exempted from income tax" and may have no use of the certificates.
Still, Ms. Figueroa said the draft had addressed "main issues" and raised the prospect of the PERA law finally being implemented.
The Finance department considers RA 9505 as a revenue-eroding law and has estimated annual losses of P12 billion once it is implemented.
"Obviously it has an impact on our revenue generation... but we also want to encourage Filipinos, especially OFWs, to invest their money so that the country can use them in its projects to improve the economy," Mr. Beltran said.
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