Your Guide to Provincial and National Incentives
Access the legal foundations, regulatory insights, and application materials needed to facilitate your investment journey in the Land of Sweet Surprises.
Legal and Development Framework
Effective development isn’t just about growth—it’s about building on a foundation of accountability, equity, and the rule of law. Explore the essential legal structures and policy frameworks that transform ambitious goals into sustainable realities.
PPP Code (RA 11966)
Public-Private Partnership Code of the Philippines and its Implementing Rules and Regulations
1. Declaration of Policy (Sec. 2)
Recognizes the private sector as an indispensable partner. Emphasizes Value for Money, equitable risk allocation, climate resilience, and gender policies.
2. Coverage (Sec. 4)
Covers infrastructure, Joint Ventures, Toll Operations, and Long-term Leases. Excludes regular procurement.
3. Approval Thresholds (Sec. 7)
≥ P15 Billion: NEDA Board / ICC approval. < P15 Billion: Head of Agency. LGU Projects: Sanggunian approval.
4. Legal Protection (Sec. 23)
Courts cannot issue TROs or injunctions that delay PPP projects, protecting them from disruptions.
LIIC 2023 Incentives
Local Investment and Incentives Code of 2023
Fiscal
- Up to 100% RPT Exemption
- Tax Holidays on local fees
- Expansion Support credits
Non-Fiscal
- One-Stop-Shop Registration
- Labor sourcing assistance
- Fast-Track Permitting
PDPFP 2023-2028
Access the official Framework Plan and Development Guidelines for the province.
Download PDPFPCREATE MORE Act
Republic Act No. 12066 - Enhancing the Philippines' Investment Environment.
General Provisions
Q1: What is the CREATE MORE Act?
The Corporate Recovery and Tax Incentives for Enterprises to Maximize Opportunities for Reinvigorating the Economy (CREATE MORE) Act is a set of amendments (Republic Act No. 12066) to the original CREATE Act. Its goal is to provide longer and more competitive tax incentives and further clarify existing provisions for Registered Business Enterprises (RBEs).
Q2: What are the main areas of change introduced by CREATE MORE?
The key provisions include: Longer periods for incentives like the Income Tax Holiday (ITH); a clearer treatment for Value-Added Tax (VAT) zero-rating; additional Enhanced Deductions; provisions supporting flexible work arrangements; and alignment of local tax imposition rules.
CIT & Enhanced Deductions
Q3: How does it change the Corporate Income Tax (CIT) rate?
The CIT rate for Registered Business Enterprises (RBEs) under the Enhanced Deduction Regime is reduced from 25% to 20%.
Q4: What is the change in the maximum Withholding Creditable Tax?
It is lowered from a range of 1%-32% to a maximum of 15%.
Q5: What are the changes to power and reinvestment deductions?
Power Expense: Additional deduction increased from 50% to 100%.
Reinvestment Allowance: The 50% deduction is now available to both Manufacturing and Tourism industries until Dec 31, 2034.
Q6: Are there new Enhanced Deductions available?
Yes. A 50% additional deduction is now available for expenses related to exhibitions, trade missions, or trade fairs.
Q7: When can a company start availing of Enhanced Deductions?
Companies can now avail of Enhanced Deductions either after the ITH or at the start of commercial operations (SCO), offering greater flexibility.
Incentive Periods
Q8: How much longer are the ITH periods?
High Priority Projects: Extended from 6 to 8 years.
Innovation & High Tech: Extended from 7 to 10 years.
Q9: What are the requirements for very large projects to get additional incentives?
1. Must have a sustainable development plan, inclusive business approaches, and demonstrate high sophistication/innovation.
2. Must have a minimum capital of P50 billion OR generate 10,000 direct local jobs within 3 years.
Compliance & Refunds
Q10: What is the new deadline for tax refund claims?
The deadline to act on VAT and Excise Tax refund claims for imported petroleum products is shortened from 180 days to 90 days.
Q11: Is there a deduction for electronic sales reporting systems?
Yes. Micro & Small Enterprises get a 100% deduction, while Medium & Large Enterprises get a 50% deduction for the setup cost.
Foreign Investments Act (FIA)
Based on RA 7042 and its amendments under RA 11647 (March 2, 2022).
The Foreign Investments Act
Q1: What is the Foreign Investments Act (FIA) of 1991 (RA 7042)?
Republic Act No. 7042, also known as the “Foreign Investments Act of 1991,” is the primary law regulating foreign investments in the Philippines. It generally allows foreign investors to invest up to 100% equity in domestic market enterprises, subject to certain restrictions.
Q2: What is the main purpose of the FIA?
The law aims to encourage foreign investors to provide employment opportunities, develop local resources, increase the value of exports, and help fuel the overall Philippine economy.
Q3: What forms can foreign investments take?
Foreign investments can be made in various forms, including capital goods, patents, formulae, and other technological rights or processes.
Restrictions on Foreign Ownership
Q4: What is the Foreign Investments Negative List (FINL)?
The FINL is a list of areas or activities that impose limits on foreign ownership. It is divided into two parts: List A and List B.
Q5: What is covered in List A of the FINL?
List A consists of investment areas reserved for Philippine nationals, primarily due to restrictions set by the Philippine Constitution. Foreign ownership in some of these areas is restricted to a maximum of 40%.
Q6: What specific areas are prohibited from foreign ownership (0%) under List A?
Foreign ownership is completely prohibited in mass media (except recording), practice of licensed professions, retail trade, cooperatives, and private security agencies.
Q7: What areas allow limited foreign ownership under List A?
Limited foreign ownership is permitted in areas such as private radio communication networks, private recruitment, advertising, ownership of private lands and condominium units, and exploration, development, and utilization of natural resources.
Q8: What is covered in List B of the FINL?
List B indicates limits for reasons of security, defense, risk to public health/morals, and protection of SMEs. Examples include manufacture/distribution of products requiring PNP/DND clearance (firearms, military equipment), telescopic sights, and all forms of gambling (except those under PAGCOR agreements).
Q9: What is the standard ownership setup for a company serving the local market?
The standard setup is 60% Filipino / 40% foreign. The paid-up capital for this setup can be less than US$200,000.00 (subject to recent amendments).
Q10: Under the original FIA, what conditions allowed ownership > 40%?
For a foreign entity to own more than 40% (if not in FINL), required capital could not be less than US$200,000.00. This could be lowered to US$100,000.00 if the activity involved advanced technology or the company had at least 50 direct employees.
Rights and Guarantees
Q11: What are the basic rights and guarantees for foreign investors?
- Repatriation of Investments: Right to repatriate in the original currency at prevailing exchange rates.
- Remittance of Earnings: Right to remit interest/loan payments to foreign entities.
- Freedom from Expropriation: Protection from government seizure except for public use with just compensation.
- Non-Requisition of Investment: Prohibited except in war/emergency, with just compensation.
Amendments under RA 11647
Q12: What is Republic Act No. 11647, signed on March 2, 2022?
Act 11647 is the law that amends the Foreign Investment Act (RA 7042).
Q13: What are the key objectives of the amendments?
To attract foreign investments by allowing international investors to fully own domestic enterprises, including MSMEs, to promote competition and sustainable growth.
Q14: How did RA 11647 change foreign ownership for MSMEs?
Foreigners can own MSMEs with a minimum capital of US$100,000.00 if: (1) Enterprise uses advanced tech; (2) Endorsed as a startup enabler/startup; or (3) Hires no less than 15 Filipino employees.
Q15: What is the Inter-Agency Investment Promotion Coordination Committee (IIPCC)?
A new body under the DTI created to coordinate investment promotion across government agencies and ensure a uniform approach.
Q16: What power does the President have regarding foreign investments?
The President can order the IIPCC to review, suspend, or prohibit investments that threaten national security (e.g., military industries, cyber infrastructure).
Q17: What is the requirement regarding Filipino workers?
Foreign businesses enjoying fiscal incentives must implement an understudy or skills development program for local workers, monitored by DOLE.
Q18: How does RA 11647 balance growth and security?
It mandates a review of investments in sensitive sectors by the IIPCC in coordination with the NSC and NEDA to protect territorial integrity and citizen safety.
Philippine Renewable Energy Act of 2008
Republic Act No. 9513 - Framework for clean energy development and utilization.
General Information
Q1: What is the primary purpose of RA 9513?
The Act promotes the development and utilization of renewable energy sources, such as solar, wind, and biomass, within the Philippines.
Q2: What specific energy sources are covered?
The Act encompasses biomass, geothermal, solar, hydro, wind, and ocean energy sources (Sec. 3).
Fiscal & Policy Incentives
Q3: Where should applications for incentives be filed?
All filings for incentives should be done with the Department of Energy (DOE).
Q4: What is the Income Tax Holiday (ITH) provision?
Developers are granted an ITH for the first seven years of commercial operations. Expansion projects may receive extensions for a maximum total period of 21 years.
Q5: Are there tax incentives for imported equipment?
Yes, duty-free importation of machinery and equipment is provided for a period of ten years.
Q6: What is the special tax rate for real estate improvements?
Special realty and other taxes on civil works and equipment exclusively used for RE facilities shall not exceed 1.5%.
Q7: What corporate tax benefits apply after the ITH?
A reduced corporate tax rate of 10% is applied after the initial seven-year ITH period.
Q8: What is Net Operating Loss Carry-Over (NOLCO)?
Operating losses from the first three years can be carried over as a deduction from gross income for the next three consecutive taxable years.
Q9: What is the provision for Accelerated Depreciation?
If an RE project fails to receive an ITH before full operation, it may apply for Accelerated Depreciation in its tax books.
Q10: Is RE-generated power subject to VAT?
No. There is zero-rated VAT on sales and local purchases of renewable energy-generated power and fuel.
Q11: Are carbon credits sales taxed?
No, the Act provides tax exemption for all proceeds from the sale of carbon credits.
Key Institutions
Q12: Which key institutions were established?
The Philippine Electricity Market Corporation (PEMC), the National Renewable Energy Board (NREB), and the Renewable Energy Management Bureau (REMB).
Q13: What is the PEMC?
A corporation initiated by the DOE composed of WESM members, responsible for market operation governance.
Q14: What are the functions of the NREB?
- Policy recommendation for Renewable Portfolio Standards.
- Implementation oversight and monitoring of the NREP.
- Supervision of the Renewable Energy Trust Fund.
Q15: What is the role of the REMB?
Responsible for policy implementation, maintaining a centralized info base, promoting commercialization, and monitoring compliance in RE activities.
Amendments & Targets
Q16: Has the foreign ownership limit changed?
Yes. In November 2022, the DOE revised the FINL (Circular No. 2022-11-0034) to allow 100% foreign ownership in the renewable energy sector.
Q17: What are the country's RE targets?
Under NREP 2020-2040, the Philippines aims to increase the share of renewable energy to 35% by 2030 and 50% by 2040.
Special Economic Zone Act of 1995
Republic Act No. 7916 & RA 8748 - Creating a competitive investment environment.
General Overview
Q1: What is the Special Economic Zone Act of 1995 (RA 7916)?
It is a Philippine law that aims to promote economic growth by establishing special economic zones (Ecozones) to attract investment, create jobs, and facilitate industrial development.
Q2: What is the main purpose of establishing these Ecozones?
To transform designated areas into highly developed centers for industry, commerce, and tourism, thereby stimulating overall economic development (Sec. 3).
Q3: What different types of Ecozones did the Act establish?
Includes industrial estates, export processing zones, free trade zones, and tourist/recreational centers (Sec. 4).
Administration & Incentives (RA 7916)
Q4: Which government agency oversees the Ecozones?
The Philippine Economic Zone Authority (PEZA) is the main agency responsible for planning and implementation (Sec. 11).
Q5: What fiscal incentives were initially provided?
Fiscal incentives as provided under PD No. 66 or Book VI of EO No. 226. Exporters using local materials also received tax credits (Sec. 23).
Q6: How do Ecozone enterprises pay taxes in lieu of standard taxes?
Instead of national internal revenue taxes, businesses remit five percent (5%) of their gross income earned to the national government (Sec. 24).
Q7: How was the 5% tax distributed under the original RA 7916?
- 3% to the National Government.
- 1% to affected LGUs (based on pop, land area, and equal sharing).
- 1% for a development fund for contiguous municipalities.
Major Amendments (RA 8748, 1999)
Q8: What were the effects of RA 8748 on PEZA?
It restructured PEZA for enhanced governance and streamlined management of both government-owned and privately-owned zones.
Q9: How did RA 8748 amend tax exemptions?
Solidified the exemption: no national/local taxes are imposed except for RPT on land owned by developers. Businesses pay the 5% GIT instead (Amended Sec. 24).
Q10: How did RA 8748 change the distribution of the 5% GIT?
Simplified formula:
3% to the National Government.
2% directly to the treasurer's office of the municipality/city where the enterprise is located.
Application of Investment Incentives
Registration Procedure
File Application
All applications with its complete attached requirements shall be filed before the Provincial Economic Development and Investment Center (PEDIC)
Completeness Check
Upon determination of its completeness, it shall be recorded in the registration logbook. The applicant shall be furnished a receiving copy as proof of its official acceptance
Payment
If found qualified, applicants are required to pay the non-refundable filing fee of PHP 2,000.00, or such fee as may be thereafter deemed reasonable by the Provincial Investment Board (PIB). If found unqualified, the applicant shall be formally informed by PEDIC in writing.
Publication
For small to large enterprises, the application shall be published once in a newspaper of general circulation in the province where the project is located at the applicant’s own expense. The publication must include the: a) name of the applicant; b) area of investment; c) capacity applied for; d) plant site. For micro enterprises, they shall, in lieu of publication, post the fact of application and the other details in the preceding number in the provincial and city/municipal hall where the registered place of business is located.
Evaluation and Action
The application is officially accepted upon payment of filing fee and presentation of its proof of payment. PEDIC shall evaluate the proposed project and an ocular inspection may be conducted at the project site, if necessary. The PIB and PEDIC shall act on the application within twenty (20) working days from the date of the application’s official acceptance. Any inaction after the lapse of the 20-day period, without fault of the applicant, shall render the application automatically approved.
Certificate Issuance
Upon approval, PEDIC shall inform the applicant in writing and facilitate the issuance and release of the Certificate of Registration.
Application Checklist
General Requirements for New Enterprises:
- Letter of Intent/Application addressed to the Provincial Governor which shall contain the following initial information; a. Type of Business, b. Product Lines, c. Proprietor or Manager of the business, d. Estimated Total Workforce, and e. Initial Capital
- 2 copies of duly accomplished and notarized application form, copies of which can be secured from PEDIC or download.
- 2 copies of the complete project study of the proposed investment.
- Copy of Business Permit and Barangay Resolution interposing no objection to the project.
- Copy of Audited Financial Statements (if existing)objection to the project.
- Copy of Certificate of Land Zoning Classification from Municipal Planning and Development Coordinator’s Office.
PIB Form No. 2
Official Application for Registration under the Code of 2024.