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.