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Tax Alert

Updated Floor Price of Cigarette, Heated Tobacco and Vapor Products

(Revenue Regulations No. 16-2024, September 16, 2024)

This Tax Alert is issued to inform all the concerned the updated floor price of cigarette, heated tobacco and vapor products prescribed in Revenue Memorandum Circular (RMC) No. 49-2023, which revised the floor prices set forth in Section 6 of Revenue Regulations (RR) No. 14-2022 and RMC No. 79-2022.

I. Definition of Terms

1. Floor price – refers to minimum price of cigarette, heated tobacco, and vapor products per unit, which shall be equivalent to the total reasonable production cost/expenses of the cheapest brand per tobacco product and the sum of the excise tax and VAT.

2. Heated Tobacco Products (HTPs) – refer to tobacco products that may be consumed through heating tobacco, either electrically or through other means sufficiently to release an aerosol that can be inhaled, without burning or combustion of the tobacco. Heated tobacco products include liquid solutions and gels that are part of the product and are heated to generate an aerosol. 

3. Vapor Products – this shall mean Electronic Nicotine and Non-Nicotine Delivery systems (ENDS/ENNDS), which are combinations of a liquid solution or gel that transforms into an aerosol without combustion through employment of a mechanical or electronic heating element, battery, or circuit that can be used to heat such solution or gel, and includes, but is not limited to:

a. Cartridge

b. Tank

c. The device without a cartridge or tank

It is commonly known as nicotine salt/salt nicotine, and conventional ‘freebase’ or ‘classic’ nicotine, and other similar products. All vapor products shall be covered regardless of its nicotine content.

4. E-marketplace – refers to an online intermediary that allows participating merchants to exchange information about products or services to enter into an electronic commerce transaction.

5. Seller – a person engaged in the business of selling consumer products directly to consumers. It includes online sellers or merchants, or any person or entity selling products or services to customers through an e-marketplace. It shall also include a supplier or distributor if:

a. The seller is a subsidiary or affiliate of the supplier or distributor; or

b. The seller interchanges personnel or maintains common or overlapping officers or directors with the supplier or distributor; or

c. The supplier or distributor provides or exercises supervision, direction, or control over the selling practice of the seller.

I. Updated Floor Prices

A. Cigarettes

Packaging Content per Packaging Production Cost/Total Landed Cost Excise Tax (2024) 12% VAT Total Tax Floor Pirce
Pack 20 sticks 7.16 63.00 8.42 71.42 78.58
Ream 10 packs 71.60 630.00 84.20 714.20 785.80

B. Heated Tobacco Products

Packaging Content per Packaging Production Cost/Total Landed Cost Excise Tax (2024) 12% VAT Total Tax Floor Price
Pack 20 sticks 19.54 34.13 6.44 40.57 60.11

C. Vapor Products

1. Nicotine Salt or Salt Nicotine

Packaging Pack/Fill Content per Packaging Production Cost/Total Landed Cost Excise Tax (2024) 12% VAT Total Tax Floor Price
Pod 1 2 ml 52.11 109.20 19.36 128.56 180.67
Bottle 1 10 ml 60.36 546.00 72.76 618.76 679.12

2. Conventional ‘Freebase’ or ‘Classic’ Nicotine

Packaging Pack/Fill Content per Packaging Production Cost/Total Landed Cost Excise Tax (2024) 12% VAT Total Tax Floor Price
Bottle 1 10 ml 99.25 63.00 19.47 82.47 181.72
Bottle 1 30 ml 46.47 189.00 28.26 217.73 263.73

The above floor prices shall only be used as reference for taxation purposes in the absence of other documents/proof as to the actual price of the product that is higher than the identified floor price. 

The seller of any tobacco products, heated tobacco products,  and vapor products who price lower than the excise and value added taxes imposed shall be punished with a fine of not less than ten (10) times the amount of excise plus value-added taxes due but not less than Two hundred thousand pesos (P200,000.00) nor more than Five hundred thousand pesos (P500,000.00), and imprisonment of not less than four (4) years but not more than six (6) years pursuant to Section 145 (C) and Section 263-A of Tax Code, as amended. 

The Regulations shall take effect fifteen (15) days following the publication in the Official Gazette or the BIR’s official website, whichever comes first. These Regulations were posted on the BIR’s website last September 17, 2024.

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