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THE
authority of the Bureau of Internal Revenue (BIR)
commissioner to appoint tax-collection agents is near
absolute, monetary authorities were told by their legal
team.
Earlier,
the bureau has tasked the Bangko Sentral ng Pilipinas (BSP)
to collect a 2-percent excise tax from miners selling
their gold to the various BSP gold-buying stations
around the country.
Deputy
BSP Governor Diwa Guinigundo told reporters they
continue to resist the directive and has elevated the
case before the Court of Tax Appeals.
“We have
challenged in court our appointment as withholding agent
for the BIR. But we were told that under the guidelines,
the BIR commissioner has the power to appoint anyone as
collection agent,” he said.
Guinigundo made it clear the BIR directive was an
unpleasant chore the BSP would rather skip.
Given
the choice, the BSP would rather that the bureau assign
another government entity to the task, he said.
The
central bank was hesitant to collect taxes because of
the fear the gold miners would take their precious metal
elsewhere once the 2- percent tax is in place. The
central bank treats this relationship with the miners as
an easy but precious access to gold.
Transactions with the small-scale gold miners account
for 60 percent of all gold purchases done by the BSP
buying stations, with a yearly volume of around 300,000
troy ounces.
The
small-scale miners bring their gold to the BSP buying
stations because of a tacit understanding that sellers
would be given complete anonymity for every transaction.
Guinigundo earlier said the creation of transaction
footprints traceable back to the miners would undermine
that confidence and dry up the very lucrative source of
the country’s gold metal holdings.
He also
told reporters the miners might take their gold instead
through the country’s back door, a euphemism for
smuggling the precious metal to Hong Kong or Malaysia.
He said
the guarantee of anonymity has helped the country occupy
a slot among the five largest gold producers in the
world. This has enabled the BSP to amass enough volume
of gold equivalent to 10 percent of the country’s
international reserves, or around $3 billion. |