Title
Investment Incentive Policy Act of 1983
Law
Batas Pambansa Blg. 391
Decision Date
Apr 28, 1983
The Investment Incentive Policy Act of 1983 aims to encourage private domestic and foreign investments in various sectors of the economy by providing fiscal incentives to registered producers, promoting economic development, and enhancing international competitiveness.
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Definitions of Registered Enterprises

  • Registered Domestic Producer: Engages in producing goods primarily for the domestic market and production services.
  • Registered Agricultural Producer: Engaged in agricultural production and related necessary services.
  • Registered New or Expanding Export Producer: Proposes to produce export products with at least 50% export or sale to export traders.
  • Registered Existing Export Producer: Currently producing export products and engaged in export activities.
  • Registered Indirect Export Producer: Sells products used as raw materials or components for export products.
  • Registered Export Trader: Engaged in selling products abroad procured from export producers.

Tax Credit Provisions

  • Tax credits can offset taxes and duties already paid or based on net value earned or net local content of exports.
  • Tax credit certificates issued by the Minister of Finance or Board Chairman are transferable under conditions.
  • Tax credits are non-taxable income and valid for 10 years.

Investment Priorities Plan

  • Prepared by the Board and approved by the President.
  • Lists specific activities and economic categories to promote investments.
  • Identifies public utilities, indigenous energy utilization, and other relevant factors.
  • Activities have pioneer or non-pioneer status determined annually by the Board based on criteria.

Criteria for Investment Priority

  • Economic soundness measured by internal rate of return.
  • Contribution to development goals and comparative advantage.
  • Market, technical, financial considerations, and capacity measurements.
  • Annual review to maintain pioneer status or downgrade/remove activities.

Registration and Capacity Allocation Among Applicants

  • Board approves only enterprises within available measured capacity based on economic rates of return.
  • When returns are similar, priority is given considering Filipino ownership, cost efficiency, foreign exchange impact, resource utilization, equity distribution, compensation maintenance, and other criteria.

Incentives for Registered Domestic Producers

  • Tax and duty exemptions on imported capital equipment for up to five years, subject to conditions.
  • Tax credits for domestic capital equipment purchases under conditions.
  • Tax credit on net value earned (5% for non-pioneers, 10% for pioneers) for the first five years.
  • Net operating loss carry-over for six years following loss years.
  • Tax credit for withholding tax on interest for foreign loans under specific conditions.
  • Export-related incentives including proportional adjustment for tax credit repayment.
  • Employment of foreign nationals allowed in supervisory/technical roles with specific limits and training requirements.
  • Protection measures include anti-dumping, prohibition of government competition with domestic producers, and protection of intellectual property rights.
  • Post-operative tariff protection for pioneer industries with duty limits and certification requirements.

Other Incentives for Registered Enterprises

  • Energy-saving projects enjoy replacement investment incentives without repayment.
  • Industry rationalization programs receive full or partial incentives based on nature of investment.
  • Investment in National Development Fund certificates grants an investment allowance, conditioned on holding period.

Incentives for Registered New or Expanding Export Producers

  • Full tax and duty exemptions on imported capital equipment subject to export performance.
  • Tax credits on domestic capital equipment without deduction from other credits.
  • Tax credits on net value earned and net local content of exports.
  • Net operating loss carry-over benefits.
  • Tax credit for withholding tax on interest on foreign loans.
  • Employment of foreign nationals under conditions similar to domestic producers.
  • Exemption from export taxes and fees on non-traditional export products.
  • Tax credit for taxes and duties paid on raw materials and supplies used in exports with industry-specific standards.
  • Anti-dumping, government competition protection, and intellectual property rights protections.

Incentives for Registered Existing and Indirect Export Producers

  • Registered existing export producers receive net local content tax credits, exemptions from export duties, and tax credits on raw materials similar to new producers.
  • Registered indirect export producers obtain tax credits on raw materials and 5% tax credit on net value earned associated with indirect exports.

Continuation of Agricultural Producer Incentives

  • Registered agricultural producers maintain their prior incentives pending rationalization programs.

Deduction for Registered Exporters

  • Deduction from taxable income of 20% of total export sales for first five years.
  • Provisions for deductions through registered export traders with limitations.

Exclusive Incentives under this Code

  • Registered enterprises under this Code are not eligible for incentives from other investment laws.

Confidentiality of Applications

  • All applications filed under the Code are confidential unless consented or court-ordered.

Enforcement and Implementation

  • The Board to issue implementing rules with authority to impose fines for non-compliance.
  • Rules effective 15 days after publication in a general circulation newspaper.

Transitional Provisions

  • Pending applications and projects approved between January 1983 and effectivity transfer under this law.
  • Board to issue rules for transitions.

Separability and Repeal of Inconsistent Laws

  • Unconstitutional provisions severable without affecting others.
  • Repeals specific laws and P.D. articles inconsistent with this Act.
  • Existing enterprises under repealed laws may continue incentives or opt for this Act with incentive periods aligned to original entitlement.

Effectivity

  • The Act takes effect immediately upon approval.

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