To comply with BIR regulations for selling gasoline in the Philippines, businesses must complete various registration and tax obligations, including registering with BIR, maintaining proper documentation, and adhering to excise tax and VAT requirements. Gasoline retailers must ensure their fuel is sourced from BIR-compliant suppliers and is marked according to government standards to avoid penalties. Non-compliance can result in severe consequences, including fines, audits, and potential closure of the business.
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Compliance For Gasoline Station Summary
To comply with BIR regulations for selling gasoline in the Philippines, businesses must complete various registration and tax obligations, including registering with BIR, maintaining proper documentation, and adhering to excise tax and VAT requirements. Gasoline retailers must ensure their fuel is sourced from BIR-compliant suppliers and is marked according to government standards to avoid penalties. Non-compliance can result in severe consequences, including fines, audits, and potential closure of the business.
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For Bureau of Internal Revenue (BIR) compliance in selling gasoline in the Philippines, you
need to fulfill the following tax and registration requirements:
1. Business Registration with BIR BIR Form 1903 (Corporation/Partnership) or Form 1901 (Sole Proprietor) – Register your business with the BIR. BIR Certificate of Registration (COR - Form 2303) – This document will specify your tax obligations, including Value-Added Tax (VAT) or Percentage Tax. BIR-Registered Books of Accounts – Maintain and register books for recording sales, purchases, and expenses. Authority to Print (ATP) Invoices/Receipts – Secure BIR approval to print Official Receipts (OR) and Sales Invoices (SI). Taxpayer Identification Number (TIN) – Ensure the business has its own registered TIN. 2. Excise Tax Compliance Excise Tax on Petroleum Products – As a fuel retailer, you are required to sell petroleum products that have already been subject to excise tax at the refinery or importer level. However, you must maintain proper documentation to prove compliance. Fuel Marking Program Compliance – Gasoline stations must ensure that the fuel they sell contains the required government fuel marker, per the Philippine Fuel Marking Program. 3. VAT or Percentage Tax Compliance VAT (Value-Added Tax) – 12% o If annual gross sales exceed ₱3 million, your business must be VAT-registered and collect 12% VAT on sales. o File BIR Form 2550M (Monthly VAT Return) and 2550Q (Quarterly VAT Return). Percentage Tax – 3% o If annual gross sales are below ₱3 million, you may opt for 3% Percentage Tax instead of VAT. o File BIR Form 2551Q (Quarterly Percentage Tax Return). 4. Monthly and Annual Tax Filing Withholding Tax on Compensation (BIR Form 1601-C) – For employee salaries. Expanded Withholding Tax (BIR Form 1601-EQ) – For certain business expenses. Annual Income Tax Return (BIR Form 1702 or 1701, depending on business type) – Submit yearly. SLSP (Summary List of Sales & Purchases) – Required for VAT-registered businesses. Financial Statements (FS) & Annual Information Return (BIR Form 1702-AIF) – For corporations. 5. Point-of-Sale (POS) System Registration BIR Accreditation of POS Machines or Cash Register Machines (CRM) o If you use POS machines for recording sales, these must be registered with the BIR. 6. Compliance with Invoicing Requirements Issue BIR-registered Official Receipts (OR) and Sales Invoices (SI) for every sale. Maintain copies of receipts for at least 10 years, as required by the Tax Code. Would you like a checklist or step-by-step guide for BIR registration? Excise Tax Compliance for Selling Gasoline in the Philippines Excise tax is an indirect tax imposed on certain goods, including petroleum products, manufactured or imported in the Philippines. The Bureau of Internal Revenue (BIR) enforces tax compliance through regulations and monitoring mechanisms. Here’s a breakdown of excise tax requirements for gasoline station owners:
1. Understanding Excise Tax on Petroleum Products
Excise tax is already imposed at the refinery or importation level (by petroleum refiners, importers, or manufacturers). Gasoline station owners do not directly pay excise tax but must ensure that the fuel they sell has been properly taxed. Retailers must source fuel from BIR-registered suppliers who have complied with excise tax requirements. Current Excise Tax Rates on Fuel (as per TRAIN Law - Republic Act No. 10963) The excise tax per liter on petroleum products (effective since January 1, 2020) is: Excise Tax per Fuel Type Liter (₱) Unleaded ₱10.00 Gasoline Premium ₱10.00 Gasoline Diesel ₱6.00 Kerosene ₱5.00 LPG (Auto) ₱3.00 These rates may change depending on future tax reforms or government policies.
2. Fuel Marking Program Compliance
To prevent fuel smuggling and tax evasion, the government requires all fuel sold in the market to undergo fuel marking, ensuring it has been taxed correctly. How the Fuel Marking Program Works: All fuel importers, refiners, and distributors must add a chemical marker to their fuel products upon importation or production. This invisible chemical marker helps authorities identify whether the fuel has paid the proper excise taxes. The Bureau of Customs (BOC) and BIR conduct random field tests at gas stations to check if the fuel contains the proper marker. If fuel is found without the marker, it indicates tax evasion, and penalties will apply. Responsibilities of Gasoline Stations under the Fuel Marking Program: ✔ Ensure fuel is sourced only from BIR-compliant suppliers. ✔ Cooperate with BIR and BOC inspections and testing. ✔ Maintain proper documentation (purchase invoices, receipts) proving compliance.
3. Documentary Requirements for Excise Tax Compliance
Even though excise tax is paid at the supply level, gas station owners must keep proper records to prove they are selling tax-paid fuel. Required documents include: ✅ Purchase Invoices from Fuel Suppliers – These should indicate excise tax was already included. ✅ BIR-registered Sales Invoices – To document transactions properly. ✅ Stock Inventory Records – To monitor fuel purchases and sales. ✅ Fuel Marking Compliance Reports (if required by authorities).
4. Penalties for Non-Compliance
Failure to comply with excise tax regulations can result in severe penalties: 🚨 Selling Fuel Without the Proper Tax Markers: Confiscation of fuel and possible closure of the gas station. Heavy fines and penalties imposed by BIR and BOC. 🚨 Failure to Present Proper Documentation: Risk of being audited or fined by the BIR for tax evasion. 🚨 Underreporting of Sales (to Avoid VAT/Percentage Tax): Can lead to tax fraud charges, additional surcharges, and interests.
5. How to Stay Compliant with Excise Tax Regulations
✔ Register the business properly with BIR. ✔ Buy only from legitimate suppliers who pay excise taxes. ✔ Keep copies of invoices and fuel purchase records. ✔ Ensure fuel passes the government’s fuel marking tests. ✔ File taxes correctly and declare accurate sales figures.
1. Check if the Supplier is BIR-Registered
✅ Ask for their BIR Certificate of Registration (BIR Form 2303) This document confirms they are legally registered taxpayers and excise tax payer. ✅ Verify their TIN (Taxpayer Identification Number) Ensure that their TIN is valid and matches the records at BIR.
2. Request Proof of Excise Tax Payment
✅ Ask for BIR-Registered Invoices & Receipts Suppliers must provide official Sales Invoices (SI) or Official Receipts (OR) indicating that excise tax has been paid. ✅ Check for Excise Tax Breakdown in the Invoice The invoice should show the fuel price per liter and state that the excise tax is already included in the total cost.
3. Verify Compliance with the Fuel Marking Program
✅ Ensure the Fuel Has the Official BIR Fuel Marker All fuel legally sold in the Philippines must contain a chemical marker to prove it has passed excise tax compliance. ✅ Request a Certificate of Compliance (if applicable) Some suppliers may provide a certification that their fuel meets BIR and Bureau of Customs (BOC) regulations.
4. Cross-Check with the Department of Energy (DOE) & BIR
✅ Check if the Supplier is DOE-Accredited The Department of Energy (DOE) has a list of licensed petroleum importers and refiners. Ensure your supplier is on this list. ✅ Verify Supplier Compliance with BIR & BOC You can inquire with the BIR Excise Large Taxpayer Division or BOC Fuel Marking Team if a supplier is under investigation for tax evasion.
5. Conduct Spot Fuel Testing (If Necessary)
✅ Use a Fuel Marker Test Kit (Provided by BIR/BOC) If you suspect untaxed fuel, you can request a fuel marker test from the BIR or BOC. ✅ Observe Fuel Delivery and Storage Ensure that fuel is delivered properly, with proper documentation and transport compliance.
6. Be Aware of Warning Signs of Non-Compliant Suppliers
❌ Selling Fuel at a Much Lower Price than Market Rates – This could indicate smuggled or untaxed fuel. ❌ No Excise Tax Breakdown on Invoice – Properly registered suppliers must indicate excise tax. ❌ Unregistered or Fake Receipts – Always check if the invoices are BIR-accredited.
7. Report Non-Compliant Suppliers to Authorities
If you suspect a supplier is selling untaxed or smuggled fuel, report it to: o BIR Excise Tax Division – (02) 981-7000 o Bureau of Customs Fuel Marking Team – (02) 705-6000 o Department of Energy (DOE) – (02) 479-2900