BIR Ruling [DA-420-00]

December 12, 2000 BIR RULING [DA-420-00] 41, 145 RR 2 176-98 Joaquin Cunanan and Co. 14th Floor Multinational Bancorporation Centre 6805 Ayala Avenue Makati City Attention: Ms . Tomasa H . Lipana Managing Partner, Tax Services Gentlemen : This refers to your letter dated June 28, 2000 requesting on behalf of your client, Nitto-Nistem (Philippines) Corporation (NNPC) for an authority to change its accounting method on inventory costing from first-in-first-out to weighted average method. It appears that NNPC is a domestic corporation authorized to manufacture, supply and/or provide parts and material requirements of computer disc drives, integrated circuits and similar components or accessories manufactured for exports by PEZA approved manufacturers and exporters; that its principal place of business is located at the Special Export Processing Zone II, Carmelray Industrial Park, Canlubang, Calamba, Laguna; that the purpose of NNPC's change on its accounting method is for it to align its costing method within its parent company, Nitto-Nistem (Japan) Corporation and its affiliated companies worldwide. In reply, please be informed that on the basis of the above representations, NNPC is hereby granted permission to change its accounting method of inventory costing from first-in-first-out to weighted average method pursuant to the provisions of Section 41 of the Tax Code of 1997, in relation to Section 145 of Revenue Regulations No. 2, the pertinent portion of which provide, viz: Section 41. Inventories Whenever in the judgment of the Commissioner, the use of inventories is necessary in order to determine clearly the income of any taxpayer, inventories shall be taken by such taxpayer upon such basis as the Secretary of Finance, upon the recommendation of the Commissioner, may, by rules and regulations, prescribe as conforming as nearly as may be to the best accounting practice in the trade or business and as most clearly reflecting the income. If a taxpayer, after having complied with the terms and conditions prescribed by the Commissioner, uses a particular method of valuing its inventory for any taxable year, then such method shall be used in all subsequent taxable years unless: "(i) with the approval of the Commissioner, a change to a different method is authorized; or HDCAaS "(ii) the Commissioner finds that the nature of the stock on hand (e.g., its scarcity, liquidity, marketability and price movements) is such that inventory gains should be considered realized for tax purposes and, therefore, it is necessary to modify the valuation method for purposes of ascertaining the income, profits, or loss in a more realistic manner: Provided, however , That the Commissioner shall not exercise its authority to require a change in inventory method more often than once every three (3) years: Provided, further , That any change in an inventory valuation method must be subject to approval by the Secretary of Finance "Section 145. Valuation of Inventories . The law provides two tests to which each inventory must conform. (1) it must conform as nearly as possible to the best accounting practice in the trade or business, and (2) it must clearly reflect the income. It follows, therefore. that inventory rules can not be uniform but must give effect to trade customs which come within the scope of the best accounting practice in the particular trade or business. In order to clearly reflect income, the inventory practice of a taxpayer should be consistent from year to year, and greater weight is to be given to consistency than to any particular method of inventory or basis of valuation, as long as the method or basis used is substantially in accord with these regulations, an inventory that can be used under the best accounting practice in a balance sheet showing the financial position of the taxpayer is, as a general rule, regarded as clearly reflecting his income." Considering that the purpose of NNPC's change on its accounting method is for it to align its costing method with its parent company and its affiliated companies worldwide and the weighted average method will conform to the best accounting practice in its trade or business, this Office hereby grants authority to NNPC the use of weighted average method in its inventory costing. This ruling is being issued on the basis of the foregoing facts as represented. However, if upon investigation. it will be disclosed that the facts are different. then this ruling shall be considered null and void. CaHcET Very truly yours, Commissioner of Internal Revenue By: (SGD.) LILIAN B. HEFTI Deputy Commissioner Legal and Inspection Group