Law Summary
Definitions and Scope
- "Board of Investments" refers to the body created under the Investment Incentives Act.
- "Registered export producer" means entities manufacturing or processing export products and either directly exporting or selling to registered export traders/export producers.
- "Registered export trader" denotes entities deriving at least 50% of gross income from export sales purchased from two or more independent registered export producers.
- "Registered service exporter" includes entities rendering technical, professional, or other services paid in foreign currency, including media exports.
- "Export products" are manufactured or processed products meeting criteria on imported raw material content, export value, and quality standards.
- Other key definitions include "Export sales", "Export fees", "Production cost", and "Processing".
Export Priorities Plan
- The Board shall prepare and submit an annual export priorities plan to the President identifying prioritized export products based on comparative advantage, foreign exchange potential, and national economic profitability.
- The plan follows the investment priorities planning procedures.
Incentives and Registration Conditions
- Investors in registered export producers, traders, or service exporters enjoy incentives provided in the Investment Incentives Act.
- Applicants must be Filipino-owned or controlled (at least 60% capital ownership for corporations), engaged or proposing to engage in priority export activities, comply with constitutional restrictions, and maintain segregated accounting for export operations.
- The Board must approve registrations within 90 days, with retroactive effect from application date.
- Exceptions exist for certain export traders with high export values but may have foreign ownership.
Incentives for Registered Export Producers
- Tax credit for sales, compensating, and specific taxes on inputs used in exporting, valid for 10 years.
- Reduced income tax for first five years computed by a formula based on labor and domestic raw material components.
- Tax exemption on imported capital equipment (machinery, equipment, spare parts) not available domestically, subject to conditions.
- Tax credit for domestic capital equipment purchases.
- Exemption from export tax for exporters exceeding $5 million annual exports within five years.
- Credits and exemptions are subject to conditions regarding use, sales, and prior approvals, with penalties for violations.
Incentives for Registered Export Traders
- Exemption from export tax and tax credit on taxes paid on exported goods purchased from registered producers.
- Additional income tax deductions based on incremental export sales.
- Extra deduction for financial assistance extended to export producers.
Additional Incentives for Export Producers in Certain Areas
- Additional benefits when establishing plants in designated areas lacking infrastructure.
- Benefits include enhanced tax deduction calculations and credit against national taxes for infrastructure works undertaken, transferable as government property upon completion.
- Incentives for use of new brand names distinguishing Philippine products.
Incentives for Registered Service Exporters
- Income tax deductions based on increments of export fees over baseline years.
- Tax credits and customs exemptions for imported equipment used in producing exportable media products.
- Conditions include remittance of export fees to the Philippines and compliance with bidding and approval requirements.
Export Assistance Fund
- Funded by 1% of certain export taxes, administered by the Board for export diversification, quality improvement, marketing, packaging development, training, and related activities.
- No fund usage for travel abroad.
Incentives in Foreign Trade Zones
- Export enterprises operating within authorized foreign trade zones eligible for applicable incentives.
- Restrictions apply if similar products are produced domestically by licensed firms.
Suspension and Cancellation of Incentives
- The Board may suspend or cancel incentives for violation of laws, threat to export trade relations, or sufficient profitability without incentives.
Implementation and Procedural Rules
- The Board issues rules and regulations within 60 days after enactment.
- Export procedures will be expedited and simplified for registered entities, exempting certain government clearances.
Relationship with Investment Incentives Act
- Provisions of the Investment Incentives Act apply insofar as consistent with this Act.
- Enterprises registered under the previous Act may opt into this Act's provisions prospectively.
Appropriations
- Appropriations allocated from Export Assistance Fund and supplementary appropriations for implementing programs.
Penal Provisions
- Violations punishable by fines up to P50,000 or imprisonment up to three years, or both.
- Additional penalties for government officials including perpetual disqualification and for foreign nationals including deportation.
- Board members liable for violations involving favoritism or abuse of discretion.
Repealing Clause
- Repeals provisions of prior law related to export incentives inconsistent with this Act.
Separability Clause
- Unconstitutionality of any provision does not affect validity of others.
Effectivity
- The Act takes effect upon approval.