4/7/2021 E-Library - Information At Your Fingertips: Printer Friendly Co. Pte. Ltd. (APL), and Maersk-Filipinas, Inc. (Maersk) v. Commissioner of Internal Revenue." The case was raffled to RTC-Branch 98, Quezon City, and docketed as Civil Case No. Q-09-64241.[5] Petitioners prayed that the trial court: 1) issue a writ of preliminary injunction enjoining the then BIR Commissioner and her representatives, agents, or those acting under her instructions or on her behalf from implementing, enforcing, or acting pursuant to or on the basis of the challenged provisions of RMC 31-2008; and 2) render judgment declaring these challenged provisions void.[6] According to petitioners, RMC 31-2008 was void insofar as it imposed regular tax rate of thirty percent (30%) and twelve percent (12%) VAT on the demurrage and detention fees collected by international shipping carriers from shippers or consignees for delay in the return of containers, on the domestic portion of services to persons engaged in international shipping operations, and on commission income received by local shipping agents from international shipping carriers or in connection with inbound shipments. By Order[7] dated May 18, 2012, Branch 98 held that international carriers were not subject to income tax under Section 28 (A)(1)(3b)[8] of the NIRC. Too, demurrage fees were not considered income derived from other or separate business of the international carrier. Being incidental to the trade or business of the international carrier, demurrage fees should instead form part of the Gross Philippine Billings (GPB) subject to 2.5% tax under Section 28. Further the law did not expressly impose 12% VAT on the domestic portion of the services rendered by international carriers.[9] Thus: WHEREFORE, premises considered, and pursuant to Rule 35 of the 1997 Rules of Civil Procedure, the Court grants the motion for summary judgment and declares as INVALID, the pertinent portions of Revenue Memorandum Circular No. 31-2008, insofar as the latter subjects the: a) demurrage and detention fees to the regular corporate income tax rate under Section 28(A) (1) and 12% VAT; b) domestic portion of the services rendered to persons engaged in international shipping operation to 12% VAT; and c) commission income or fees received by local shipping agents from international shipping carriers for the latter's inbound freights/fares to 12% VAT, for being contrary to Section 28 (A)(1), and (3) and Section 108 (B)(4) of the National Internal Revenue Code of 1997, as amended. SO ORDERED.[10] The Order became final and executory as of June 16, 2012.[11] On March 7, 2013, Republic Act No. 10378[12] (RA 10378) was enacted, amending Section 28 (A)(3)(a) of the NIRC. The provision now reads: SEC. 28. Rates of Income Tax on Foreign Corporations.— (A) Tax on Resident Foreign Corporations. — (1) xxx (2) xxx https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65912 3/25

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