CITY ORDINANCE NO. 2011-025 (Amendment of Revenue Code of 2001)

Republic of the Philippines

Province of Ilocos Norte

CITY OF LAOAG

OFFICE OF THE SANGGUNIANG PANLUNGSOD

WHEREAS, City Ordinance No. 2001-016 (Tax Ordinance 01-01), otherwise known as “AN ORDINANCE ENACTING THE REVISED REVENUE CODE OF 2001 OF THE CITY IOF LAOAG”, has defined “Gross Sales or Receipts” under Section 1B.01(h) as follows: “Gross Sales or Receipts” include the total amount of money or its equivalent representing the contract price, compensation or service fee, including the amount charged or materials supplied with the services ad deposits or advance payments actually or constructively received during the taxable quarter for the services performed or to be performed for another person including discounts if determinable at the time of sales, sales return, excise tax, and value-added tax (VAT);

WHEREAS, because of this definition in our Revenue Code, Representative of the City Treasurer’s Office found a tax deficiency collectible from GOLDEN ABC Inc. because the Value-Added Tax (VAT) was included as part of their “Goss Sales o Receipts”,

WHEREAS, the definition of “Gross Sales or Receipts” in the Local Government Code excludes discounts if determinable at the time of sales, sales return, excise tax and value-added tax (VAT) , reason for which GOLDEN ABC Inc., brought the matter to the attention of the Honorable City Mayor;

WHEREAS, the City Mayor, did not only refer the matter to the City Legal Officer, who wrote his findings and recommendation for the amendment of the definition of “Gross Sales or Receipts” in our Revenue Code, but also to this Body;

WHEREAS, The Committee on Laws, Rules and Regulations, also found the findings of the City Legal Officer to be correct and that the amendment of the definition of “Gross Sales or Receipts” in our Revenue Code is proper;

WHEREFORE, upon motion of Hon. David C. Frez, duly seconded by Hon. Francis Manolito B. Dacuycuy, M.D., the Body with members present,

RESOLVED, as it is hereby resolved to enact

CITY ORDINANCE NO. 2011-025

Series of 2011

AN ORDINANCE AMENDING SECTION 1B.01(h) OF CITY ORDINANCE NO. 2001-016, (TAX ORDINANCE 01-01), OTHERWISE KNOWN AS THE “REVENUE CODE OF 2001 OF THE CITY OF LAOAG.

Be it enacted that:

Section 1.  Section 1B.01(h) of the Revenue Code of 2001 of the City of Laoag, is hereby amended to read as follows:

“(h)  “Gross Sales or Receipts” include the total amount of money or its equivalent representing its contract price, compensation or service fee, including the amount charged or materials supplied with the services and deposits or advance payments actually or constructively received during the taxable quarter for the service performed or to be performed for another person excluding discounts if determinable at the time of sales, sales return, excise tax, and value-added tax (VAT);

Section 2.  All ordinances, resolutions, motions or part thereof not consistent herewith arte hereby repealed, amended or superseded accordingly;

Section 3.  This ordinance shall take effect upon approval.

Carried

APPROVED this 21^st day of September, 2011, by the members of the Sangguniang Panlungsod present with the following votes:

Those in favor: Siazon, Ong Sin, Respicio, Lao, Tamayo, Dacuycuy, Chua, Frez, Fariñas, Maulit.

Nays:  N o n e

Abstentions:  N o n e

I HEREBY CERTIFY that the foregoing is a true, correct, and faithful excerpt from the minutes of the 61^st Regular Session of the 8th Sangguniang Panlungsod held at the Session Hall on September 21, 2011.

(SGD) ENRICO A. AURELIO

Secretary to the Sanggunian

Attested:

(Sgd) ATTY. DONALD G. NICOLAS

Acting City Vice Mayor/ Presiding Officer

Approved: October 4, 2011

(SGD) MICHAEL V. FARIÑAS

City Mayor