BIR Ruling No. 042-63

May 3, 1963 BIR RULING NO. 042-63 1st Indorsement Returned to the Revenue Operation Head (Collection) the attached dockets bearing on the exploration tax case of the following: LexLib (1) Mr. J. Amado Araneta, c/o Araneta Enterprises, Cubao, Quezon City (2) Golden City Oil Development Co., Inc. 512-516 Samonillo Bldg., Escolta, Manila Amount involved: P16,186.80 With the information that the exploration tax prescribed in Articles 49 of Republic Act. No. 387 (Petroleum Act of 1949) is not an internal revenue tax. However, the collection of said tax is the responsibility of this Bureau, inviting attention to the pertinent provisions of the Petroleum Act of 1949 quoted as follows: ". . . all the exploration and exploitation tax . . . due to the Government shall be paid to the Collector of Internal Revenue of his duly authorized deputy, subject to the rules and regulations of the Bureau of Internal Revenue." (Act. 98, R.A. 387) "Where the amount of tax or royalty imposed by this Act or concession contract is not paid on the due date, there shall be collected as part of the said tax or royalty a surcharge of one per centum thereof per month from the due date until they are paid." (Act. 93-A, R.A. No. 387) "In the event of failure by a concessionaire to pay any tax or royalty due under the provisions of this Act within six months of the date upon which they are due, the Government may report to compulsory collection under the provisions of applicable laws." (Act. 105, R.A. No. 387; Emphasis supplied) There is no question that the collection of the exploration tax may be enforced by this Bureau against the taxpayers in question by summary remedies prescribed under Section 315-330 of the Tax Code. cdpr (SGD.) JOSE B. LINGAD Acting Commissioner of Internal Revenue