Income Tax Holiday (ITH)
- Pioneer firms receive a six-year ITH from the start of commercial operation.
- Non-pioneer firms receive a four-year ITH.
- Extension of ITH for one year may be granted if:
- The project meets the capital equipment to worker ratio prescribed by the Board.
- Utilizes indigenous raw materials at approved rates.
- Achieves net foreign exchange savings or earnings of at least US$500,000 annually during the first three years.
- Maximum ITH for pioneer firms is eight years.
- Expanding firms get proportional ITH for three years based on expansion.
- No additional extension of ITH is allowed.
Additional Deduction for Labor Expense
- Registered enterprises get 50% additional deduction on wages for incremental direct labor (skilled and unskilled) for the first five years from registration.
- This deduction doubles if the enterprise is in less developed areas.
Tax and Duty Exemption on Imported Capital Equipment and Spare Parts
- Applies to new, expanding, or modernizing registered enterprises registered by December 31, 1994.
- Exemption covers 100% taxes and customs duties on importations until December 31, 1997 or up to 1999 if outside NCR.
- Conditions for importation exemption:
- Equipment not available domestically in sufficient quantity or comparable quality at reasonable prices.
- Equipment must be exclusively used for registered activity unless approval for partial use.
- Board approval required.
- International canvassing or competitive bidding may be required for capital equipment costs exceeding US$5,000,000.
- Sale, transfer or disposal of exempted equipment within five years requires Board approval and may incur penalties.
Tax Credit on Domestic Capital Equipment
- Registered enterprises can claim a tax credit equivalent to taxes and duties that would have been waived if the machinery/spare parts were imported.
- Conditions include usage exclusivity, Board approval, and purchase deadlines.
Simplification of Customs Procedures
- Customs procedures related to importation and export by registered enterprises are simplified.
Use of Consigned Equipment
- No restriction on usage period for consigned machinery/equipment if re-export bonds are posted.
- Sale or transfer of such equipment follows the same rules as imported capital equipment.
- Outward remittance from sales requires BSP approval.
Employment of Foreign Nationals
- Registered enterprises may employ foreign nationals in supervisory, technical, or advisory roles for up to five years, extendible at the Board's discretion.
- Foreign nationals may retain key executive positions beyond five years if majority foreign-owned.
- Spouses and unmarried children of foreign employees not excluded by law may reside in the Philippines.
- Registered enterprises must train Filipinos as understudies and report annually.
Exemption on Breeding Stocks and Genetic Materials
- Tax and duty exemption applies for ten years from registration for importation of breeding stocks/genetic materials.
- Conditions include non-availability locally, necessity for registered activity, and Board approval.
Tax Credit on Domestic Breeding Stocks and Genetic Materials
- Tax credit equivalent to taxes and duties waived on importation is granted for domestic purchases under specified conditions and approval.
Tax Credit for Taxes and Duties on Raw Materials
- Registered enterprises receive tax credit for internal revenue taxes and customs duties paid on supplies, raw materials, and semi-manufactured products used in exports.
- Taxes must be listed separately on sales invoices.
- Board may set fixed percentage approximations based on industry standards.
Access to Bonded Manufacturing/Trading System
- Registered export-oriented enterprises may use bonded warehousing system subject to Board and Customs guidelines.
Exemption from Taxes and Duties on Imported Spare Parts
- Registered enterprises importing spare parts for consigned equipment or imported tax/duty-free equipment are exempt from related taxes and customs duties.
- Conditions include at least 70% production exported and local unavailability.
- Usage restricted to bonded manufacturing warehouse.
Exemption from Wharfage Dues and Export-related Charges
- Exports of non-traditional products by registered enterprises are exempt from wharfage dues, export taxes, duties, imposts, and fees.
Continuity and Repeal Clauses
- Existing provisions of EO No. 226 and Republic Act No. 7369 not affected remain valid.
- Inconsistent laws, decrees, orders, regulations are repealed or modified.
Effectivity and Retroactivity
- The Act is retroactive to May 5, 1994.
- It takes effect fifteen days after publication in newspapers of general circulation.