Image by LoggaWiggler from Pixabay
Image by LoggaWiggler from Pixabay

President Rodrigo Duterte on July 19 signed Executive Order (EO) No. 85, series of 2019, which extended for three years the application of zero-rate duty on importations of Board of Investments (BOI)-registered new and expanding enterprises.

The incentive, provided under EO 57 series of 2018, expired on July 6, 2019.

EO 85 applies to importations of capital equipment, spare parts and accessories classified under Chapters 40, 59, 68, 69, 70, 73, 76, 82, 83, 84, 85, 86, 87, 89, 90 and 96 of the Customs Modernization and Tariff Act (CMTA), upon BOI’s issuance of Certificate of Authority. This is provided the goods are not manufactured domestically in sufficient quality, are not of comparable quality, and are at reasonable prices; and provided that they are reasonably needed and will be used exclusively by the enterprise in its registered activity.

The EO notes the need to extend the zero-rate duty as capital equipment remains one of the major cost burdens of business enterprises in their start-up and expansion. It adds that the fiscal incentive “will enhance the attractiveness of the country as an investment destination and improve industry competitiveness, in line with the Philippine Development Plan 2017-2022.”

Along with the incentive, the BOI-registered enterprise cannot sell, transfer or dispose of the capital equipment, machinery, spare parts and accessories without prior approval from BOI within five years from the date of the importation.

Otherwise, the BOI-registered enterprise will be liable to pay twice the amount of the duty foregone or P500,000, whichever is higher, without prejudice to other applicable penalties under EO No. 226, or the Omnibus Investments Code of 1987.

BOI, in coordination with the Tariff Commission, shall promulgate the implementing rules and regulations of EO 85, which takes effect immediately upon publication in a newspaper of general circulation for a period of three years, or until a law amending EO 226 is enacted, whichever is earlier.

You May Also Like

Subic port privatization on track, says SBMA chief

THE Subic Bay Metropolitan Authority (SBMA) is confident it can hand over management and operation of Subic port to a private operator as scheduled…

CCBI national meet tackles future role of customs brokers

The role of Philippine customs brokers in a shifting trade landscape will be the highlight of this year’s 27th Annual National Convention of the…

BOC requires seizure, forfeiture status reports for speedy resolution of cases

Customs Commissioner Alberto Lina has directed Bureau of Customs (BOC) officials to submit status reports on all seizure and forfeiture cases from January 2015…

Limited run for light trucks on EDSA, Shaw in place from Mar 15-18

Three vehicular volume reduction measures, including limited operation of light trucks during rush hour, proposed by the Metropolitan Manila Development Agency (MMDA) have been…