5% Duty and Revenue Tax on Exempt Imports

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PRESIDENTIAL DECREE NO. 1352: 5% Duty and Revenue Tax on Exempt Imports

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Title Supreme Court: 5% Duty and Revenue Tax on Exempt Imports

Law: Presidential Decree No. 1352

Decision Date: Apr 21, 1978

Presidential Decree No. 1352 imposes a 5 percent customs duty and 5 percent internal revenue tax on certain importations exempt from such duties and taxes, while also repealing or amending various existing laws and granting the Secretary of Finance the authority to establish rules and regulations for its implementation.

internal revenue tax

importation exemptions

A

Exceptions to the Imposition

Importations exempt under international treaties or commitments (e.g., ADB-RP Host Agreement, United Nations Privileges and Immunities, USAID-RP Agreement, 1947 Military Bases Agreement).
Importations explicitly exempted under specific presidential decrees and Republic Acts, including but not limited to: Presidential Decrees Nos. 66, 87, 215, 292, 529, 572, 604, 666, 768, 783, 972, and Section 18 of Republic Act No. 6234.

Repeal and Amendment of Conflicting Laws

Repeal or amendment of provisions in various presidential decrees and Republic Acts related to fiscal incentives and exemptions to align with this decree.
Included laws cover a wide range of fiscal incentive measures as listed comprehensively in Section 2.

Amendment of Special Charters and Other Laws

Special charters granting franchises or similar provisions in other laws are repealed or amended accordingly.
The President retains the authority to exempt certain provisions from repeal or amendment upon recommendation by the Fiscal Incentives Review Board.

Rulemaking and Implementation

The Secretary of Finance is mandated to promulgate rules and regulations for effective enforcement upon recommendation by the Commissioner of Customs.

Effectivity

The decree took effect immediately upon issuance on April 21, 1978.

END