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By SHIELA MAE BUTLIG
Correspondent .

THE capitol is moving to collect some P77 million in taxes from the Mindanao International Container Terminal Services Inc. (Mictsi), the company that operates and manages the international container port in Tagoloan, Misamis Oriental.

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But Mictsi has frowned over the capitol’s move, pointing out that it is operating within the Phividec Industrial Estate in Misamis Oriental. The estate is under the Phividec Industrial Authority, a government-owned and -controlled corporation, that supervises and manages the 3,000-hectare industrial estate based on a presidential decree.

Based on the Phividec setup, those who invest within the Phividec estate are entitled to incentives such as exemption from local taxes and licenses, tariff, customs, duties and internal revenue taxes for raw materials, supplies, articles, equipment, machinery, spare parts and wares brought into the estate and utilized in the production, storing, packing and shipment of goods meant for the foreign market.

Capitol officials however maintain that Micsti is not immune from real property taxes.

Provincial treasurer Ronald Jame Violon and provincial assessor Marilyn Legaspi have confirmed that the capitol is looking forward to make Micsti pay a total of P77 ,042,793.02 in real property taxes.

Legaspi noted that Micsti has never paid a real property tax since it started managing the Mindanao International Container Port in Tagoloan town.

Miscti however maintained that the Tagoloan town government and the capitol cannot impose real property taxes on it because it has an agreement with Phividec Industrial Authority.

The Authority awarded the firm a 25-year concession to manage the international port in April 2008.

Legaspi said Micsti has claimed that the concession agreement states that the firm is exempted from paying local taxes, including the real property tax.

The provincial assessor however rejected Micsti’s assertion, adding that the capitol is firm in its position that local governments can tax the concessioner for its real property.

Legaspi said that based on the law, a public property granted and then used by a private entity is taxable.

She said Phividec Industrial Authority owns the property that is being used by Micsti, and “so, kita karon sa LGU (local government) mangita ta sa atong katungod, sa atong bahin. So, karon, ato silang gipaninglan,” Legaspi said.

Legaspi said the capitol has written to Micsti thrice, and the firm sent a reply through its lawyer. The firm, she said, stated that it has been granted a tax exemption because of its concession agreement with the Authority.

Legaspi said capitol officials were looking forward to meeting with Micsti executives, and to get hold of a copy of the firm’s agreement with Phividec.

She said a P77-million real property tax from Micsti would be a windfall for the capitol, and, especially, for the town of Tagoloan that would be entitled to a 40-percent share.

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