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Incentives to Registered Enterprises

Type of Incentive Coverage and Description Restrictions


1. Income Tax Holiday 1 1) For six (6) years from commercial operation 3 Subject to such guidelines as may be
for pioneer firms and four (4) years for non-pioneer prescribed by the Board, the income tax
firms, new registered firms shall be fully exempt from exemption will be extended for another year in
income taxes levied by the National Government. each of the following cases:
2 4 1. The project meets the prescribed ratio
of capital equipment to number of workers set by
the BOI.
5 2. Utilization of indigenous raw materials
at rates set by the BOI.
3. The net foreign exchange savings or earnings
amount to at least US$500,000.00 annually during
the first three (3) years of operation.
2 (2) For a period of three (3) years from During the period within which this incentive is
commercial operation, registered expanding firms availed of by the expanding firm it shall not be
shall be entitled to an exemption from income taxes entitled to additional deduction for incremental
levied by the National Government proportionate to labor expense.
their expansion under such terms and conditions as
the Board may determine.
3 No registered pioneer firm may avail of this
incentive for a period exceeding eight (8) years.
2. Additional Deduction for For the first five (5) years from registration a 1. The project should meet the prescribed ratio of
Labor Enterprise registered enterprise shall be allowed an additional capital equipment to number of workers set by the
deduction from the taxable income of fifty percent BOI.
(50%) of the wages corresponding to the increment in 2. This additional deduction shall be doubled if the
the number of direct labor for skilled and unskilled activity is located in less developed areas.
workers.
3. Tax and Duty Exemption 1 Within five (5) years from the effectivity of the 0 The importation of machinery and
on Imported Capital Investments Code, importations of machinery and equipment and accompanying spare parts shall
Equipment equipment and accompanying spare parts of new and comply with the following conditions:
expanding registered enterprise shall be exempt to the 1 (1) They are not manufactured
extent of one hundred percent (100%) of the customs domestically in sufficient quantity, of comparable
duties and national internal revenue tax payable quality and at reasonable prices.
thereon. 2 (2) They are reasonably needed and will
be used exclusively by the registered enterprise in
the manufacture of its products, unless prior
approval of the BOI is secured for the part-time
utilization of said equipment in a non-registered
activity to maximize usage thereof or the
proportionate taxes and duties are paid on the
specific equipment and machinery being
permanently used for non-registered activities.
3 (3) The approval of the BOI was
obtained by the registered enterprise for the
importation of such machinery, equipment and
spare parts.
4. Tax Credit on Domestic A tax credit equivalent to one hundred percent (100%) (1) The equipment, machinery and spare parts are
Capital Equipment of the value of the national internal revenue taxes and reasonably needed and will be used exclusively
customs duties that would have been waived on the by the registered enterprise in the manufacture of
machinery, equipment and spare parts, had these its products, unless prior approval of the BOI is
items been imported shall be given to the new and secured for the part-time utilization of said
expanding registered enterprise which purchases equipment in a non-registered activity to maximize
machinery, equipment and spare parts from a usage thereof.
domestic manufacturer. (2) The equipment would have qualified for tax
and duty-free importation.
(3) The approval of the BOI was obtained by the
registered enterprise.
(4) The purchase is made within five (5) years
from the date of effectivity of the Investments
Code.
5. Exemption from The registered enterprise shall be exempt from the
Contractor’s Tax payment of contractor's tax, whether national or local.
6. Unregistered Use of Provisions of existing laws notwithstanding, 1) The appropriate re-export bond is posted.
Consigned Equipment machinery, equipment and spare part consigned to 2) Consigned equipment shall be for the
any registered enterprises shall not be subject to exclusive use of the registered enterprise.
restrictions as to period of use of such machinery, 3) Outward remittance of foreign exchange
equipment and spare parts. covering the proceeds of sale, transfer or
disposition shall be allowed only upon prior
Central Bank approval.
7. Employment of Foreign 1 1. Subject to the provisions of Section 29 of 1. When the majority of the capital stock of a
Nationals Commonwealth Act Number 613, as amended, a registered enterprise is owned by foreign
registered enterprise may employ foreign nationals in investors, the position of president, treasurer and
supervisory, technical or advisory positions for a general manager or their equivalents may be
period not exceeding five (5) years from its retained by foreign nationals beyond the period of
registration, extendible for limited periods at the five (5) years.
discretion of the BOI. 2. A registered enterprise shall train Filipinos as
2 2. Foreign nationals under employment understudies of foreign nationals in administrative,
contract within the purview of this incentive, their supervisory and technical skills and shall submit
spouses and unmarried children under twenty-one annual reports on such training to the Board.
(21) years of age, who are not excluded by Section 29
of Commonwealth Act Numbered 613, as amended,
shall be permitted to enter and reside in the
Philippines during the period of employment of such
foreign nationals.
8. Exemption on Breeding The importation of breeding stocks and genetic The breeding stocks and genetic materials are:
Stocks and Genetic materials within ten (10) years from the date of (1) not locally available and/or obtainable locally in
registration or commercial operation of the enterprise comparable quality and at reasonable prices;
Materials shall be exempt from all taxes and duties. (2) reasonably needed in the registered activity;
(3) approved by the BOI.
9. Tax Credit on Domestic A tax credit equivalent to one hundred percent (100%) 1) Said breeding stocks and genetic materials
Breeding Stocks and of the value of national internal revenue taxes and would have qualified for tax and duty free
customs duties that would have been waived on the importation.
Genetic Materials breeding stocks and genetic materials had these items 2) The breeding stocks and genetic materials are
been imported shall be given to the registered reasonably needed in the registered activity.
enterprise which purchases breeding stocks and 3) The approval of the BOI has been obtained by
generic materials from a domestic producer. the registered enterprise.
4) The purchase is made within ten (10) years
from date of registration or commercial operation
of the registered enterprise.
10. Tax Credit for Taxes A tax credit equivalent to one hundred percent (100%)
and Duties on Raw of the value of national internal revenue taxes and
customs duties that would have been waived on the
Materials breeding stocks and genetic materials had these items
been imported shall be given to the registered
enterprise which purchases breeding stocks and
generic materials from a domestic producer:

11. Access to Bonded Registered export oriented enterprises shall have Subject to the guidelines as may be issued by the
Manufacturing/ Trading access to the utilization of the bonded warehousing BOI upon prior consultation with the Bureau of
system in all areas required by the project. Customs
Warehouse System
12. Exemption from Taxes Importation of required supplies and spare parts for 1. At least seventy percent (70%) of production is
and Duties on Imported consigned equipment or those imported tax and duty exported.
free by a registered enterprise with a bonded 2. Such spare parts and supplies are not locally
Parts manufacturing warehouse shall be exempt from available at reasonable prices, sufficient quantity
customs duties and national internal revenue taxes and comparable quality.
payable thereon. 3. All such spare parts and supplies shall be used
only in the bonded manufacturing warehouse of
the registered enterprise under such requirements
as the Bureau of Customs may impose.
13. Exemption from The provisions of the law to the contrary
Wharfage Dues and any notwithstanding, exports of a non-registered
enterprise of its non-traditional export products shall
Export Tax, Duty, Impost be exempted of its non-traditional export products
and Fee shall be exempted from any wharfage dues, and any
export tax, duty, impost and fee.
Incentives to Less-Developed-Area Registered Enterprise

Type of Incentive Coverage and Description Restrictions


1. Pioneer Incentives Incentives provided for a pioneer registered enterprise
under its law of registration.
2.Incentives for Necessary 1 Deduction from taxable income an amount 1. BOI designates an area as necessary for the
and Major Infrastructure equivalent to one hundred percent (100%) of proper dispersal of industry or in area which the
necessary and major infrastructure works the BOI finds deficient in infrastructure, public utilities,
and Public Utilities and other facilities, such as irrigation, drainage or
enterprise may have undertaken with the prior
approval of the BOI in consultation with other other similar waterworks infrastructure.
government agencies concerned. 2. The title to all such infrastructure works shall
upon completion, be transferred to the Philippine
Government
3. Any amount not deducted for a particular year
may be carried over for deduction for subsequent
years not exceeding ten (10) years from
commercial operation.
Incentives to Expatriates

Type of Incentive Coverage and Description Restrictions


1. Mulitple Entry Visa 1. Foreign personnel of regional or area headquarters 1. A responsible officer or the applicant company
of multinational companies, their respective spouses, submits a certificate to the effect that the person
and unmarried children under twenty-one years of who seeks entry into the Philippines is an
age, if accompanying them or if following to join them executive of the applicant company and will work
after their admission into the Philippines as non- exclusively for applicant's company and will work
immigrant shall be issued a multiple entry special visa, exclusively for applicant's regional or area
valid for a period of one year, to enter the Philippines. headquarters which is duly licensed to operate in
the Philippines, and that he will receive a salary
2. Non- immigrants who have been admitted under the and will be paid by the headquarters in the
multiple entry special visa, as well as their respective Philippines an amount equivalent to at least
spouses and dependents, shall be exempt from the twelve thousand United States dollars, or the
payment of all fees due under the immigration and equivalent in other foreign currencies per annum.
alien registration laws; securing alien certificates of
registration; and obtaining immigration clearance 2. The admission and stay shall be co-terminus
certificates, and all types of clearances required by with the validity of the multiple entry special visa.
any government department or agency. The stay, however, is extendible yearly upon
submission to the Commission on Immigration
and Deportation of a sworn certification by a
responsible officer of the regional or area
headquarters; that its license to operate remains
valid and subsisting; that he has been paid in the
Philippines from the date of original admission, the
equivalent of at least one thousand United States
dollars per month, or its equivalent in other foreign
currencies; and that the regional or area
headquarters has withheld the tax due on said
compensation and the same has been paid to the
Bureau of Internal Revenue.
2. Withholding Tax of 15% Aliens employed by regional or area headquarters of
multinational corporations shall be subject for each
taxable year upon their gross income received from
the regional or area headquarters established in the
Philippines by multinational companies as salaries,
wages, annuities, compensations, remunerations, and
emoluments to a tax equal to fifteen per centum of
such gross income.
3. Tax and Duty Free An alien executive of the regional or area
Importation headquarters of a multinational company shall enjoy
tax and duty free importation of personal and
household effects as provided for under Section 105
(h) of the Tariff and Customs Code, as amended, and
Section 169 (b) (4) of the Internal Revenue Code, as
amended.
4. Travel Tax Exemption Personnel of multinational companies performing
technical and supervisory functions with regional
headquarters at, but not engaged in business in the
Philippines and the dependents of such foreign
personnel if joining them during the period of their
assignment in the Philippines, as certified to by the
Board of Investments, shall be exempted from the
payment of travel tax imposed under Section 1 of
Presidential Decree No. 1183, by securing a Travel
Tax Certificate from the Philippine Tourism Authority.
Incentives to the Regional Headquarters

Type of Incentive Coverage and Description Restrictions


1. Exemption from Income Regional or area headquarters established in the
Tax Philippines by multinational corporations and which
headquarters do not earn or derive income from the
Philippines and which act as supervisory,
communications and coordinating center for their
affiliates, subsidiaries, or branches in the Asia-Pacific
Regional shall not be subject to income tax.
2. Exemption from The regional or area headquarters established in the
Contractor’s Tax Philippines by multinational corporations, including
their alien executives, are exempted from the
contractor's tax.
3. Exemption from All Kinds The regional or area headquarters of multinational
of Local Licenses Fees, companies shall be exempt from all kinds of local
licenses, fees, dues, imposts or any other local taxes
Dues or burdens.
4. Tax and Duty Free Regional or area headquarters shall also enjoy tax 1. Subject to the prior approval of the Board and
Importation of Training and duty free importation of equipment and materials the payment of the corresponding taxes and
for training, conferences which are needed for the duties.
Materials; Importation of functions of the regional or area headquarters and 2. Such motor vehicles shall be for the exclusive
Motor Vehicles which are not locally available subject to the prior use of its expatriate executives.
approval of the Board of Investments. 3. The number of vehicles shall not exceed the
number of its expatriate executives.
Regional or area headquarters shall be entitled to the 4. Such motor vehicles may be replaced every
importation of motor vehicles. three (3) years from their importation.
5. Exemption from The regional or area headquarters of multinational
Registration Requirements companies shall be exempt from the provisions of
Book II of the Omnibus Investment Code of 1987.

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