Title
RPT Reduction for IPPs under BOT Contracts
Law
Executive Order No. 157
Decision Date
Dec 16, 2021
An executive order reduces and condones real property taxes and interest/penalties assessed on power generation facilities of Independent Power Producers, preventing financial instability and potential power outages while ensuring government fiscal consolidation efforts and stable energy prices.
A

Q&A (EXECUTIVE ORDER NO. 157)

Under Sections 218 (d) and 234 of Republic Act No. 7160, GOCCs engaged in generation and transmission of electricity enjoy certain exemptions and privileges with respect to real property taxes.

The assessment level is 10% on all lands, buildings, machineries, and other improvements.

Yes. The Executive Order addresses the issue by reducing assessed RPT on IPPs operating under BOT contracts to an assessment level of 15%, which affords them some preferential treatment in recognition of their contracts with the government.

Various LGUs have assessed RPT on the machineries and equipment of IPPs at the maximum level of 80%, not recognizing the exemptions enjoyed by GOCCs, leading to enforcement actions including threats of property auction.

Any excess RPT payments made by IPPs over and above the reduced amount shall be applied to their RPT liabilities for succeeding years.

All concerned government departments, agencies, instrumentalities, GOCCs, and LGUs are directed to strictly comply with the order.

Any violation shall be dealt with according to civil service laws and regulations.

All inconsistent rules, regulations, or parts thereof are revoked, amended, or modified accordingly.

It took effect immediately upon publication in a newspaper of general circulation.


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