The Government of the Republic of the Philippines has implemented a liberal program of fiscal and non-fiscal incentives to attract foreign capital and technology that complement local resources. Under the Omnibus Investments Code of 1987 (Executive Order 226), investors may enjoy certain incentives when investments are made in preferred areas found in the current Investment Priorities Plan (IPP).
Issued by the Philippine Board of Investments (BOI) annually, the IPP is a list of priority investment areas eligible for tax incentives in consultation with related government agencies and the private sector. Even if the activity is not listed in the IPP, an enterprise may still be entitled to incentives as long as at least 50% of production is for export (in the case of Filipino-owned enterprises), or at least 70% of production is for export (if majority foreign-owned enterprises or those with more than 40% foreign equity). In certain instances, as indicated in the IPP, the BOI may completely or partially limit the incentives available to export products.
Under Book I of the Omnibus Investments Code, BOI-registered enterprises are given incentives in the form of tax exemptions and concessions, as follows:
Foreign nationals are not allowed to own land in the Philippines as the Constitutions limits land ownership to Filipino citizens or companies that are at least 60% owned by Filipinos. Foreign investors can viably lease commercial lands in the Philippines for a maximum of 75 years under Republic Act 7652. Intellectual property is protected under Republic Act 8293.
The City Government of Cauayan offers a sensible package of incentives to investors, as well as unique inducements to businessman in unique circumstances. These include the free use of the real properties of the City Government, exemption from payment of basic real property tax for the first five years, and assistance in labor recruitment and arbitration. Current locators have established their business in Cauayan also because of the City Government’s high absorptive capacity, assuring them of the readiness of the Cauayeños for the investment as well as of the sustainability of the business environment they have chosen.
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