Applicable Rate of Compensating Tax on Importation of a "Toyota" Crown Automobile Super EX2000 Turbo 1983 M-TEU

June 2, 1986 BIR RULING NO. 071-86 169 023-86 071-86 Gentlemen : This refers to your letters dated April 21 and 24, 1986 requesting in effect a ruling as to the applicable rate of compensating tax on importation of one (1) unit "Toyota" Crown Automobile Super EX2000 Turbo 1983 M-TEU. It is represented that the aforesaid one (1) unit "Toyota" crown automobile super EX2000 Turbo 1983 M-TEU arrived last March 12, 1983 in board S/S "Bradeverett" under B/L No. Y23-M and consigned to Mr. R. Yamamoto c/o Wako Enterprises Manila, Inc; that due to the late filing of shipping documents and some requirements at the Bureau of Customs the said unit cannot be located in the Bureau of Customs and you came to know that it was M-R to a certain customs personnel Mr. MP T.N. under the previous administration; and that this unit is not returned to the Bureau of Customs and you are now filing the customs import entry for its release. In reply, please be informed that under Section 169 of the Tax Code, compensating tax is to be computed as of the date of withdrawal or removal of the goods from the customhouse; hence, the rate of tax prevailing on such date has perforce to be applied. (F. F Hamlin vs. Collector, G.R. No. L-12991, Dec. 23, 1953). Accordingly, since the said Toyota Crown automobile super EX2000 turbo 1983 M-TEU will be released, this year, the same shall be subject to the rate of tax provided for under Section 169 (formerly Section 204) in relation to Section 164 (formerly Section 195) of the Tax Code, as amended by Presidential Decree No. 1994. Very truly yours, (SGD.) BIENVENIDO A. TAN, JR. Commissioner