BOI MC No. 2015-01

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REPUBLIC OF THE PHILIPPINES

BOARD OF INVESTMENTS
Industry and Investments Building
385 Sen. Gil J. Puyat Avenue, Makati City

MEMORANDUM CIRCULAR
NO. 2015- 01

TO : ALL BOI CLIENTS AND ALL OTHERS CONCERNED

SUBJECT : GENERAL POLICIES AND SPECIFIC GUIDELINES TO


IMPLEMENT THE INVESTMENT PRIORITIES PLAN (IPP) 2014 - 2016

A. PREFATORY STATEMENT

Philippines, the President issued Memorandum Order No. 74 dated 28 October 2014
approving the 2014 Investment Priorities Plan (IPP), which is centred on the theme
. A fundamental investment policy tool of
the DTI- an to grow
industries, not just or necessarily through incentives, but through other policy
interventions and initiatives. The IPP undertakes to address the most binding constraints
to the entry of new investments and moving up the value chain to enhance the local

The 2014 IPP is a rolling three-year plan to ensure continuity, consistency and
predictability factors seriously considered by domestic and foreign investors. This new
IPP will, however, be reviewed annually over the three-year period.

Therefore, notice is hereby given that the Board approved the following General Policies
and Specific Guidelines to implement the 2014 IPP.

B. GENERAL POLICIES
I. APPROVAL OF APPLICATION AND ENTITLEMENT TO INCENTIVES

The approval of application for registration and entitlement to incentives under this
IPP is subject to Article 7, paragraph 3 of Executive Order (E.O.) No. 226.

The approval of applications for registration shall be based on the IPP listing.
However, the extent of entitlement to incentives shall be
value-added, job generation, multiplier effect and measured capacity.

The BOI, if national interest requires, may deny registration of projects engaged in the
export of a product including industry inputs that are in short supply domestically.

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II. EQUITY OWNERSHIP

Except as provided for under the Constitution and the Foreign Investments Act of
1991 (Republic Act No. 7042, as amended), there are no restrictions on foreign
ownership of export-oriented and/or pioneer enterprise that will engage in the
activities listed in the IPP.

III. EQUITY REQUIREMENT

The minimum equity of the project applied for registration is 25% of the project cost
unless exempted under any of the following:

1. Projects of applicants with good track record in implementing registered projects;


2. Projects of publicly-listed companies; or
3. Projects not entitled to ITH.

For projects with a gestation period of more than three (3) years, the 25% equity
requirement shall be based on the annual capital requirement of the project; Provided
that the total equity requirement of 25% is complied with on the first year of ITH
availment. Non-compliance with this policy shall result in forfeiture of ITH incentives
for the taxable year.

For multi-phase projects, the 25% equity requirement shall be based on the annual
capital requirement of each phase; Provided that the total equity requirement for the
first phase is complied with on the first year of ITH availment; and the corresponding
cumulative equity requirement for the succeeding phases is complied with on the first
ITH availment of each succeeding phase thereafter. Non-compliance with this policy
shall result in forfeiture of ITH incentives for the taxable year.

IV. PROJECT STATUS

Pioneer status with pioneer incentives shall be governed by Article 17 of E.O. 226.

V. GEOGRAPHICAL CONSIDERATION IN INDUSTRY DEVELOPMENT


POLICY

The BOI shall include geographical considerations in evaluating projects to be


qualified for incentives based on, among others, regional development plans, industry
roadmaps, industry clustering strategies and other relevant government initiatives to
fill in the gaps of supply chains, enhance competitiveness, and promote global value
chains.

A. Regional Dispersal of Industries

The dispersal of economic activities to the countryside is encouraged.

Projects in any of the identified less developed areas (LDAs) listed in Annex A
shall be entitled to pioneer incentives and additional deduction from taxable
income equivalent to 100% of expenses incurred in the development of necessary
and major infrastructure facilities unless otherwise specified in the Specific

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Guidelines.

B. Locational Restriction in NCR

The BOI shall limit incentives to firms that locate in congested urban centers. The
locational restriction applies to the National Capital Region (NCR) wherein
projects are not entitled to ITH. Exemption from the above locational restriction,
however, may be given to the following:

1. Projects in government industrial estates1 declared by national law or


presidential proclamation prior to 01 January 1989 (unless subsequently
privatized);
2. Projects that will engage in service type activities;
3. Expansion of export- sting
premises; and
4. Modernization projects.

VI. EXPORT OF PRODUCTS IN SHORT DOMESTIC SUPPLY

The export commitment of a registered enterprise may be suspended to satisfy


national interest or in an emergency situation.

VII. ITH AVAILMENT

A. General Rules

1. In the grant of incentives, the Board shall give priority to projects with

value added, (2) job generation, (3) multiplier effect, and (4) measured
capacity.

In the event that the registered enterprise fails to implement the project as
represented in its project application, the Board may opt to reduce the
performance (e.g.
investments, employment generation, production and sales, timetable) of the
enterprise.

The income qualified for ITH shall be limited to the income directly
attributable to the eligible revenue generated from registered project.

1
Government Industrial Estates
a) Dagat-Dagatan (P.D. No. 569 dated 30 October 1974)
b) Vitas Industrial Estate, Tondo (E.O. No. 1086 dated 31 January 1986, as amended/expanded through
Presidential Proclamation No. 39 dated 09 September 1992 and Proclamation No. 465 dated 01 August
1994) (Vitas Industrial Estate/Smokey Mountain)
c) Bagong Silang Industrial Estate, Caloocan City (Presidential Proclamation No. 843 dated 26 July 1971)
d) Food Terminal Inc., Taguig (LOI No. 900 dated 25 July 1979)
e) Navotas Fishing Port Complex (E.O. No. 772 dated 08 February 1982)

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2. Except for renewable energy projects, the basis of net income qualified for
ITH shall be limited to the 110% of the projected gross revenues as
represented by the firm in its application for registration.

In cases where projections in its


application due to, e.g., new markets/orders, additional employment/shifts,
additional investments,
proportionately. Request/s for adjustments of projected revenue must be filed
before the projected revenue is exceeded, otherwise ITH on the excess revenue
(i.e. in excess of 110% of the projected gross revenue) shall not be granted.

3. ITH shall only be applicable to revenues on sales generated/services rendered


to other enterprises.
operation (e.g. air cooling and similar activities), entitlement to ITH shall be
subject to the condition that 70% of the revenues are generated from non-
related entities and service fees are within normal/ regular rates.

4. Only net income from operation of registered activity as certified under oath
by CEO or CFO shall be entitled to ITH.

5. Enterprises with multiple registrations with the Board and/or several activities
(whether BOI-registered or not) shall submit a list of cost items that are
common with the qualified project and their cost allocation methodology for
the said cost items, to ensure proper, fair and equitable allocation of common
cost such as overhead and administrative costs.

B. Base Figure and Rate of Exemption

In general, ITH of expansion projects are subject to a base-figure equivalent to the

case of heterogeneous products, in the last three (3) years, prior to the filing of the
application for registration of the project.

Projects registered under the modernization program without increase in capacity


may be entitled to three (3) years ITH and other incentives without prejudice to
compliance with other requirements. The computation of ITH for projects without
increase in capacity is as follows:

For single product/activity:

New Investment (in US$)


Rate of Exemption (ROE) = --------------------------------------------------------- x 100
Total Investments (replacement cost + new)
Relative to the Concerned Plant (in US$)

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For multiple products/ activities or when ITH period of other products/ activities
has lapsed:

Sales arising from the modernization project


% Sales Entitled to ITH = ---------------------------------------------------------- x 100
Total Sales

New Investment (in US$)


ROE = ------------------------------------------------------------ x 100
Total Investments (replacement cost + new)
Relative to the concerned plant (in US$)

Where:
ROE shall be fixed for the ITH entitlement period.
Exchange rate shall be the existing rate at the time of actual investment or time
of availment of ITH whichever will result in lower rate of ITH.
Replacement cost shall refer to the appraised value of its Fixed Assets relative
to the concerned plant in the first year of ITH availment duly assessed and
certified by an Independent Appraiser accredited by the Bangko Sentral ng
Pilipinas. This shall thereon be used as a basis in succeeding ITH availments
until the end of the ITH entitlement period of the project.
% Sales Entitled to ITH shall be based on actual sales values for the year of
availment.

C. Availment of ITH Bonus Year

New registered pioneer and non-pioneer enterprises and expansion enterprises


granted pioneer incentives under Art. 40(a) of E.O. 226 may be granted one (1)
additional year of ITH incentive for each of the following criterion:

1. Capital Equipment to Labor Ratio Criterion

a) Formula:

Derived $ cost of capital equipment_


Average number of direct labor

b) The acquisition cost of the machinery and equipment pertaining to the


registered activity covering the taxable year immediately preceding the
period applied for extension and not the depreciated cost shall be used and,
in converting the value of equipment from pesos to dollars, the average
foreign exchange rate at the time of acquisition shall be used.

c) The direct labor count shall represent an average of the month end labor
count for the same taxable year as represented in b.

d) On the year of the actual availment of the ITH bonus year, the firm must
still comply with the capital equipment to labor ratio criterion to be
entitled to it.

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2. Net Foreign Exchange Earnings/Savings Criterion

a) Foreign Exchange Earnings is the total foreign exchange proceeds from


the export of the registered product or services while Foreign Exchange
Savings is the local sales of the registered product (must be justified as an
import substitute) equivalent to the foreign exchange costs of the said
product had these been imported.

b) The export sales/local sales of import substitutes or the derived average


foreign exchange earnings/savings less the foreign exchange
costs/expenses for the first three years of commercial operation should at
least be US$500,000.00.

c) Foreign exchange costs/expenses include imported raw materials, imported


supplies/spare parts, depreciation of imported machinery/equipment,
among others.

3. Indigenous Raw Material Cost Criterion

a) Formula:

Cost of Indigenous Raw Materials x 100%


Total Cost of Raw Materials

b) Indigenous Raw Materials and/or intermediate indigenous products must


be used as inputs in the manufacturing or processing of the registered
product. The derived ratio should not be lower than fifty percent (50%) for
each taxable year beginning the start of commercial operation up to when
the extension using this criterion was applied for.

c) Lists of indigenous raw materials and Intermediate indigenous products


are provided in Annex B.

d) On the year of the actual availment of the ITH bonus year, the firm must
still comply with the indigenous raw material cost criterion to be entitled
to it.

D. Projects with Government Guarantee

Projects with government guarantee/subsidy are not entitled to ITH except in


cases where ITH has been considered in the rates/tariffs approved by the
regulatory agency concerned.

The ITH is deemed to have been imputed in the grant of the government
guarantee/subsidy if the ITH was incorporated in the bid documents of the project
proponent/contract with government on the project, or the ITH was included in the

The latter case is particularly applicable to power projects and thus, subject to a
certification by the Energy Regulatory Commission (ERC).

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VIII. MULTI-PHASE PROJECTS

Projects of an enterprise with multiple phases/locations may be registered on a per


phase/location.

IX. INCLUSIVE BUSINESS

Registered enterprises are encouraged to adopt the Inclusive Business (IB) strategy
that provides: a) goods and services; and b) income and decent work opportunities for
the low-
directly contributing to the improvement of living standards and poverty reduction.

The IB strategy of the registered enterprise may be accredited by the Board subject to
the guidelines that will be issued by the Board separately.

X. CORPORATE SOCIAL RESPONSIBILITY (CSR)

BOI registered entities, recognizing the benefits derived from the fiscal incentives
granted by the government, should endeavour to undertake meaningful and
sustainable CSR projects in the locality where the projects are implemented.

XI. GOOD CORPORATE GOVERNANCE

BOI registered enterprises must be committed to the tenets of Good Corporate


Governance. Boards must function properly in decision-making processes that affect
their stakeholders.

XII. SUPPORT TO ENVIRONMENTAL PROTECTION AND CONSERVATION

Registered enterprises shall adopt measures intended to reduce climate change risks in
support of the National Framework Strategy on Climate Change.

Likewise, registered enterprises are encouraged to implement best practices to protect


and conserve biodiversity in their respective area and/or activities, and promote
biodiversity-friendly businesses.

New and expansion projects shall be required to secure an Environmental Compliance


Certificate (ECC) pursuant to P.D. No. 1586 (Philippine Environmental Impact
Statement System) and other clearances under relevant environmental laws.

A Certificate of Non-Coverage (CNC) issued by the Environmental Management


Bureau (EMB) shall be submitted for projects that are not critical to the environment.

Applicants for BOI registration must submit proof of application for ECC/CNC filed
with DENR.

Registered enterprises -labeling


Program (ELP), when applicable.

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Registered enterprises are encouraged to secure environmental certifications based on
internationally-recognized standards, whenever applicable.

XIII. INTERNATIONAL STANDARDS CERTIFICATION

Registered enterprises shall obtain applicable certifications based on internationally-


recognized standards such as a Hazard Analysis and Critical Control Points
(HACCP), ISO certification, quality standards (e.g. ICC, CE) or other similar
certifications.

XIV. EQUIPMENT

Registered enterprises shall use brand new equipment except for projects utilizing
consigned equipment, projects involving transfer of facilities, and when specified in
the Specific Guidelines, and apply production processes that meet environmental
standards. Application for availment of capital equipment incentive shall be filed prior
to the ordering of equipment.

XV. PROJECTS IN THE AUTONOMOUS REGION IN MUSLIM MINDANAO


(ARMM)

The ARMM List covers priority activities that have been identified by the Regional
Board of Investments of the ARMM (RBOI-ARMM) in accordance with E.O. No.
458. The RBOI-ARMM may also register and administer incentives to activities in
this IPP for projects locating in the ARMM.

Projects in the ARMM should register with the BOI-ARMM.

XVI. PROJECTS WITH REVENUES DERIVED FROM CARBON CREDITS


PURSUANT TO THE KYOTO PROTOCOL

Revenues from the sale of carbon credits through certified emission reduction (CER)
units generated from registered activity may be considered as part of the income
entitled to ITH, provided that the enterprise made representation at the time of
application for registration that such projects would earn CER units.

XVII. OUTSOURCING OF PRODUCTION PROCESS OR SERVICES

Portion/s of the production process or services of the registered activity may be


outsourced provided that the core activity or the integrated nature of operation is
undertaken by the registered enterprise.

XVIII. PUBLIC WELFARE CONSIDERATION

The BOI may deny applications for registration and/or grant of incentives for reasons
of public health or morals or for environmental considerations.

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C. DEFINITION OF TERMS
a) Alternative Fuel Vehicles refer to vehicles that run on electric batteries, flexible
fuels, hybrid systems.

b) Book - a printed non-periodical publication of at least forty-eight (48) pages,


exclusive of cover pages, published in the country and made available to the public.

c) Content Development of Books consists of the following:

(1) Development of new technologies directly related to book printing or publishing,


such as but not limited to digitization, electronic books (E-books), internet-based
archiving and retrieval systems, electronic content creation and development
- -visual presentations with or without
interactive segments, and the like.

(2) Research and development activities directly related to book printing or


publishing, such as but not limited to translation, editing, analysis and/or
interpretation of text and materials into local dialects or adaptation/application to
the domestic setting.

d) Copy refers to the certified true copy of the original document.

e) Distribution - refers to bunkering and fuels shipping and transport. Fuels shipping
and transport cover shipping and transport through land such as tank trucks, lorries
and pipeline and tankers, and barges for the fuels to get to the points or areas where
they are needed. Bunkering covers the activity of selling fuel for direct use by a
vessel, usually for water and air transport, through a smaller transport vessel.
Distribution projects are limited to those acquiring brand new equipment.

f) Electric vehicles - refer to vehicles that run solely on electric power.

g) Energy crops - refer to plants that may be used as feedstock for biofuels and/or
power generation. These include grass, bamboo, leguminous tree species, sugarcane,
sweet sorghum, cassava, algae, coconut, and oil palm and other crops as may be
identified by the DOE.

h) Existing Project refers to a project of an existing enterprise that has started


commercial operation at the time of application with the Board.

i) Expansion Project refers to a project of an existing enterprise that would involve


the installation of additional facilities/equipment that will result in increase in
capacity of the same/similar activity within the same existing plant/facilities of the
enterprise. Projects that do not qualify as new shall be considered as expansion.

j) Flexible-fuel vehicles refer to vehicles that run on gasoline/diesel in combination


with alternative fuel such as but not limited to:
Bioethanol vehicles that run on gasoline and a minimum ethanol content/blend of
at least 20%

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Biodiesel vehicles that run on diesel and a minimum biodiesel blend/content of at
least 5%
Compressed Natural Gas Vehicles are vehicles that run on Compressed Natural
Gas (CNG)
Other vehicles powered by LPG, fuel cell and other alternative fuels.

k) General Hospital refers to a hospital with Levels 1, 2 or 3 that provides services for
all kinds of illnesses, diseases, injuries, or deformities. It shall provide medical,
surgical, maternity, newborn, and child care. It shall employ Board-certified/eligible
medical specialists and other licensed physicians.

l) General Hospital Level 1 refers to a hospital that has the following:


Staff of qualified medical, allied medical and administrative personnel headed by
a physician duly licensed by Professional Regulation Commission (PRC);
Operating room with standard equipment and provision for sterilization of
equipment and supplies;
Post-operative recovery room;
Maternity facilities consisting of ward(s), room(s), a delivery room, exclusively
for maternity patients and newborns;
Isolation facilities with proper procedures for the care and control of infections
and communicable diseases;
Separate dental section/clinic;
Blood station;
DOH licensed secondary clinical laboratory with the services of a consulting
pathologist;
DOH licensed level 1 imaging facility with the services of a consulting
radiologist;
DOH licensed pharmacy.

m) General Hospital Level 2 refers to a hospital that has, as minimum, all of Level 1
capacity including the following:
An organized staff of qualified and competent personnel with Chief of
Hospital/Medical Director and appropriate Board-certified Clinical Department
Heads;
General ICU for critically-ill patients;
Provision for Neonatal Intensive Care Unit (NICU);
Provision for High Risk Pregnancy Unit (HRPU);
Provision for respiratory therapy services;
DOH licensed tertiary clinical laboratory;
DOH licensed level 2 imaging facility with mobile x-ray inside the institution and
capability for contrast examinations.

n) General Hospital Level 3- refers to a hospital that has, as minimum, all of Level 2
capacity including the following:
Teaching and/or training hospital with accredited residency training program for
physicians in the four (4) major specialties namely: Medicine, Pediatrics,
Obstetrics and Gynecology, and Surgery;
Provision for physical medicine and rehabilitation unit;
Provision for ambulatory surgical clinic;
Provision for dialysis facility;

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Provisions for blood bank;
DOH licensed tertiary clinical laboratory with standard
equipment/reagents/supplies necessary for the performance of histopathology
examinations;
DOH licensed level 3 imaging facility with interventional radiology.

o) Government Guarantee refers to the rate of return granted by the regulating


agency to include profit and the recovery of capital expenditure (guaranteed rate of
return), assured payment whether or not services/product were produced/delivered
(take or pay provision), and assurance to lender by a government agency that a
financial obligation will be honored even if the borrower is unable to repay the debt.

p) Government Subsidy - refers to the financial contribution by the national


government or any of its agencies to defray, pay for or shoulder a portion of the
project cost or the expenses and costs in operating or maintaining the project.

q) Inclusive Business are those profitable core business activities that deliberately
target the low-income segment (below US$3/day) as part of their value proposition.
IB creates or expands access to goods, services, and livelihood opportunities for the
poor and vulnerable in commercially viable and scalable way.

r) Integrated Circuit refers to a semiconductor device that holds a number of


electronic components that are internally connected to form a larger electronics circuit
which can operate either using analog or digital technology.

s) Logistics Efficiency Index refers to the measure of cost efficiency of the logistics
involved in the supply of motor vehicle parts and components for the enrolled Model.
It is computed as follows:

LEI = Nf - Na Where: Na = annual volume of imported parts (m3)


Nf N t total annual production (units)
Nf = total m3 of parts for one complete vehicle
Nt = total m3 of part/unit that are deemed too
technology- or investment-intensive and that
cannot be viably manufactured in the country

t) Job Generation - refers to the number of jobs directly generated by the project
regardless of the length of employment.

u) Marketing of Petroleum Products/Natural Gas covers the following:

(1) Retailing or selling in retail generally directed to the end users, through dispensing
pumps in stations or in packaged containers such as drums for the liquid fuels or
metal cylinders that are compliant with PNS. This includes the establishment and
operation of gasoline/natural gas stations and retailing.

(2) Fuels bulk marketing or selling in wholesale through tank trucks, lorries, double-

storage facilities. Investment shall include underground tanks and other


equipment intended for fuels retailing through outlets such as gasoline/natural gas

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stations and LPG/LNG outlets.

(3) A combination of storage, distribution, and marketing activities.

v) Measured Capacity - the estimated additional volume of production/ service which


the Board determines to be desirable in each preferred area of investment taking into
account the export potential of the product. For housing projects, the estimated
housing backlog for units between four hundred fifty thousand and three million pesos
(economic and low-cost housing) in the country shall be the basis of measured
capacity.

w) Metro Cebu is composed of Cebu City, Lapu-Lapu City, Mandaue City, Cordova,
Consolacion, Liloan, Compostela, Talisay, Minglanilla, and Naga.

x) Metro Davao is composed of Davao City and the adjoining towns of Panabo and
Sta. Cruz.

y) Modernization Project refers to a project of an existing enterprise that would


involve improvements in systems, processes, equipment, and/or facilities that must
result in any of the following:

(1) At least 25% substantial reduction of production cost/cost of provision of the


service; or
(2) Upgrading of product/service quality or classification of the facility (e.g.,
hospitals, hotels, resorts) to a higher class in accordance with accreditation
standards applicable to the industry concerned.

z) Motorcycle refers to conventionally-powered two or three-wheeled vehicle fitted


with an auxiliary motor, with or without sidecars.

aa) Multiplier Effect - refers to the increase in economic activity and interrelationships
generated and stimulated by the investment.

bb) New Plantation Area - refers to new hectarage of plantation or lands that have been
idle for at least one year or those involving change of crops/variety to achieve higher
yield or shifts in the production system such as organic farming.

cc) New Project - refers to a project/activity listed in the IPP that has not started
commercial operation undertaken by:

(1) A newly organized/formed enterprise that:


i. has no common stockholders in any existing enterprise, or
ii. has common stockholders in the existing enterprise but own not more than
fifty percent (50%) of equity in the new enterprise, or
iii. has common stockholders but will engage in an entirely distinct and separate
activity, or
iv. has common stockholders (regardless of percentage of common ownership)
and will engage in the same activity as that of the existing enterprise but will
locate in a different municipality, province, or region.

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(2) An existing enterprise that shall engage in:
i. an entirely distinct and different activity from its existing business operations;
or
ii. the same activity provided it shall establish a new facility2 in an area not
contiguous to the premises of its existing project and with new investments.

(3) An enterprise involving the manufacture of products utilizing local R&D.


Applications for registration utilizing local R&D must be endorsed by the
Department of Science and Technology (DOST) stating that this was undertaken
in the Philippines and has not yet been commercialized.

(4) For industrial tree plantations, an enterprise involved in the development of any
public or private land to plantation of timber and non-timber species to supply the
raw material requirements of forest-based industries. It also includes plantation
with existing tree crops, which have not yet reached commercial harvest.

dd) Net Value-added - refers to the value of final product/service less the value of inputs.
pendent on
imported raw materials/ supplies.

ee) Original Text with Annotations refer to written works where the original text is
augmented with annotations, such as additional comments, highlights, evaluation, or
explanation, that are provided by the same or another author for the purpose of further
analyses and understanding of the said original text by a specific audience.

ff) Original Works are original intellectual creations in the literary and artistic domain
protected from the moment of their creation and shall include in particular books,
pamphlets, articles and other writings.

gg) Other Health Facilities shall refer to the following:

(1) Custodial Care Facility a health facility that provides long-term care, including
basic human services like food and shelter to patients with chronic or mental
illness, people requiring ongoing health and nursing care due to chronic
impairments and a reduced degree of independence in activities of daily living.
(2) Diagnostic/Therapeutic Facility - a facility that examines the human body or
specimens from human for the diagnosis, sometimes treatment of diseases.
(3) Specialized Out-patient Facility - a facility with highly competent and trained
staff that performs highly specialized procedures on an out-patient basis; examples
are, but not limited to the following: (i) Dialysis Clinic, (ii) Ambulatory Surgical
Clinic, (iii) Oncology Chemotherapeutic Center/Clinic, (iv) Radiation Oncology
Facility, (v) Physical Medicine and Rehabilitation Center / Clinic.
(4) Geriatric Care Facilities.

hh) Phase - a distinct period or stage pertaining to the development or operational


capacity of a project

2
New Facility refers to new complete line used in the production of the registered product/service separate from
existing line

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ii) Specialty Hospital refers to a hospital that specializes in a particular disease or
condition or in one type of patient. A specialized hospital may be devoted to
treatment of any of the following:

(1) Treatment of particular types of illness for a particular condition requiring a range
of treatment. Examples of these hospitals are Philippine Orthopedic Center,
National Center for Mental Health, San Lazaro Hospital, and hospitals dedicated
to the treatment of cancer.
(2) Treatment of patients suffering from diseases of a particular organ or groups of
organs. Examples of these hospitals are Lung Center of the Philippines, Kidney
and Transplant Institute, and hospitals dedicated to treatment of eye disorders.
(3) Treatment of patients belonging to a particular group as children, women, elderly
and others.
Dr. Jose Fabella Memorial Hospital.

jj) Start of Commercial Operations shall be the date specified in the project study
submitted to the Board or the date when a particular enterprise actually begins
production of the registered product for commercial purposes or commercial harvest
in the case of agricultural activities, whichever comes first, irrespective of phases or
modules or schedule of development. In the case of service oriented activities, it shall
mean the date when a particular registered enterprise begins catering to or servicing
its clients on a commercial basis. In the case of export traders and service exporters,
the term shall mean the date when the initial export shipment in commercial quantity
has been made or initial performance of service as borne out by the appropriate
supporting documents.

For renewable energy projects (RE), start of commercial operations shall refer to the
state at which the RE Plant generated the first kilowatt-hour of energy after
commissioning or testing, or two (2) months from the date of such commissioning or
testing, whichever comes earlier, as certified by the DOE.

kk) Storage - refers to the business of receiving/discharging and storing petroleum crude
and/or products of others for compensation or profit. Storage projects are limited to
those establishing new facility, i.e., depot or storage tanks.

ll) Trial Operation refers to the initial pre-commercial phase based on 10% of the
annualized sales vis--vis the first year of the project s projected revenues. This shall
not apply to energy projects.

mm) TSD (Treatment, Storage, and Disposal) Facilities - are the facilities where
hazardous wastes are stored, treated, recycled, reprocessed, or disposed of.

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D. SPECIFIC GUIDELINES
I. PREFERRED ACTIVITIES

1. Manufacturing

a. Motor vehicle (excluding motorcycles, e-bikes and golf carts) and motor
vehicle parts and components

This covers the assembly of motor vehicles, manufacture of parts and


components, research & development, research/testing laboratories, and
technical vocational education and training institutions.

(1) Motor Vehicle (excluding motorcycles, e-bikes and golf carts)

Projects must include the manufacture of parts and components.

Any of the following may qualify as new:


a) Projects that will involve the establishment of a factory complete with
production machinery/equipment and facilities.
b) Projects of an existing motor vehicle manufacturer/assembler of
passenger car/commercial vehicle that involves the production of a
new model or a full model change (FMC) provided there is new
investment of at least Php 200 million.

Any of the following may qualify for pioneer status:


a) Projects on the manufacture/assembly of alternative fuel vehicle and
electric vehicles. Alternative fuel vehicles include hybrid vehicles, and
flexible-fuel vehicles.
b) Manufacture/assembly of brand new three or four-wheel Philippine
utility vehicles for cargos and/or passengers.

Logistics Efficiency Index (LEI).

(2) Parts and Components

a) Body panel stamping


b) Engines, transmissions, and transaxle
c) Large injection moulded parts
d) Bumpers; instrument panel; door trims; center console; grill; wheel
house finisher; lamps; shock absorber; wiper motor/blade; engine
mounts; electric power steering; combination meter; instrument
cluster; chassis & sub-frame; interior finishing; switches; seat
mechanism; retractable seat belts; window regulator; constant velocity
joints/transmission; aluminium radiators; plastic fuel tanks; fuel
pumps; brake system and components; evaporators and condensers;
relays; flame laminated automotive fabric; door & rear view mirrors;

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automotive glass; engine parts & assembly; and transmission parts &
assembly
e) Controller assembly, motor, and battery (other than lead acid) for
electric vehicle

Original Equipment Manufacturer (OEM) parts and components may


qualify for pioneer status.

b. Shipbuilding including parts and components

This covers shipbuilding, manufacture of parts and components, research &


development, and technical vocational education and training institutions.

(1) Shipbuilding

This covers the construction of ships that are at least 500 GT and the
manufacture of parts and components.

Registered enterprises must comply with Department of Labor and


Employment (DOLE) Department Circular No. 1 series of 2009 on the
Guidelines on Occupational Safety and Health in Shipbuilding, Ship
Repair and Shipbreaking Industry.

Prior to start of commercial operation, the registered enterprise must


submit a copy of its License to Operate or its equivalent from the Maritime
Industry Authority (MARINA) or other concerned agency.

(2) Parts and Components

This covers the manufacture of parts and components such as but not
limited to fit-outs, pumps, marine engines, navigational equipment, marine
boilers, and propellers.

c. Aerospace parts and components

This covers the manufacture of aerospace parts and components, and support
activities (e.g., R&D activities, research/testing laboratories, and technical
vocational education and training institutions).

d. Chemicals

This covers the production of the Oleochemicals, Petrochemicals and


derivatives, and Chlor-Alkali Plants products, research & development, and
research/testing laboratories.

(1) Oleochemical Products

Oleochemical products include the manufacture of fatty acid and fatty


alcohol.

Page 16 of 48
(2) Petrochemical Products and its Derivatives

Petrochemical products and its derivatives include, but are not limited to,
the manufacture of derivatives from ethylene such as ethylene dichloride
(EDC) and vinyl chloride monomer (VCM); olefins and polyolefins
[Polyethylene (PE), Polypropylene (PP), Polystyrene (PS), and Polyvinyl
Chloride (PVC)], derivatives from propylene, derivatives from mixed C4,
and aromatic derivatives.

(3) Chlor-Alkali Plant Products

Chlor-Alkali plant products include the manufacture of chlorine, alkali


(caustic soda), and hydrochloric acid (muriatic acid).

e. Virgin paper pulp

This covers the production of pulp integrated with forest plantation, research
& development, and technical vocational education and training institutions.

f. Copper wires and copper wire rods

This covers the manufacture of copper wire rods and enamelled wires,
research & development, and technical vocational education and training
institutions.

(1) Copper Wire Rod

Projects must have a minimum production capacity of 12,000 MT per year


and would produce wire rods compliant with applicable international or
Philippine National Standards for the production of copper wires and
cables.

(2) Copper Wires

This covers the production of copper enamel wires. All enamelled wire
products must be compliant with the applicable Philippine National
Standards (PNS).

g. Basic iron and steel products, steel grinding balls, long steel products (billets
and reinforcing steel bars), and flat hot/cold-rolled products.

All iron and steel products must be compliant with the applicable Philippine
National Standards (PNS).

h. Tool and Die

This covers the production of dies and molds, research & development, and
technical vocational education and training institutions.

Page 17 of 48
Simple, compound and progressive dies for metal stamping or metal
forging
Molds for die casting, for plastic injection or blow molding, glass blow
molding, forging, encapsulation molds
Jigs and fixtures for metal cutting and metal forging.

2. Agribusiness and Fishery

a. Commercial production3

(1) Coconut, corn, cassava, coffee, cocoa, fisheries, poultry and livestock;
(2) High value crops - rubber, spices, vegetables and fruits;
(3) Emerging commodities sampaloc, jackfruit, peking duck, native pigs,
siling labuyo, peanuts, monggo, and achuete.

All projects must be endorsed by the Department of Agriculture (DA).

b. Commercial processing3

(1) Extraction of higher value substances from agricultural and fishery raw
materials through bioprocessing; or
(2) Conversion of agricultural and fishery products or wastes to a form ready
for further processing or final consumption.

Commercial processing of agricultural products should involve the use of


domestically-produced raw or semi-processed agricultural products, unless
these inputs are not locally produced (NLP) or are not in sufficient quantity
(NISQ).

If using imported raw or semi-processed agricultural products that are locally


produced (LP) or in sufficient quantity (ISQ), the project may qualify for
registration, provided that the finished/final product is for export, or the
project qualifies for pioneer status.

c. Production of animal and aqua feeds excluding those for game animals, fowls
and other species for pet/leisure purposes.

d. Commercial production of organic and inorganic fertilizers and pesticides.

e. Modernization of sugar mills which will increase mill efficiency measured in


terms of Overall Recovery (OAR) rate to at least 85%.

f. Mechanized agriculture support services, e.g. harvesting, land preparation,


spraying/dusting and other related agricultural service.

g. Agriculture support infrastructures, e.g. facilities for drying, cold chain


storage, blast freezing, bulk handling and storage; packing houses; trading

3
Subject to geographical supply considerations. In the case of poultry and livestock production, this is limited to
areas in ARMM, Mindoro and Palawan.

Page 18 of 48
centers; ice plants in Less Developed Areas; AAA slaughterhouse; research &
development/testing facilities; technical vocational education and training
institutions; and AAA dressing plant.

For projects under (c), (d), (f), and (g) above supporting agricultural commercial
production, the qualification for registration is subject to the geographical market
conditions, industry roadmaps and industry clustering strategies.

3. Services

a. Integrated Circuit Design

This covers research & development, technical vocational education and


training institutions, and all logic & circuit design techniques required to
design integrated circuits (ICs).

b. Creative Industries/ Knowledge-Based Services4

This covers the start-ups of small newly incorporated domestic


players/enterprises engaged in the following activities:
Animation
Software development5
Game development
Health Information Management Systems

c. Ship repair

This covers repair of all types of vessels and offshore structures.

Ship repair facilities must have a dry-docking facility with a minimum


capacity of 1,500 DWT.

Prior to start of commercial operation, the registered enterprise must submit a


copy of its License to Operate or its equivalent from the MARINA or other
concerned agency.

d. Charging stations for electric vehicles

This covers the establishment of charging stations for electric vehicles. The
charging stations could refer to a 'service station' designed to simultaneously
fast charge multiple vehicles similar to gasoline/diesel stations or a network of
at least 5 charging stands.

Application for registration must be accompanied by an endorsement from the


Department of Energy-Investment Promotion Office (DOE-IPO).

4
Covers start-ups of small newly incorporated domestic players/enterprises only.
5
Covers only those with own Intellectual Property that are developed for commercial sale.

Page 19 of 48
e. Maintenance, Repair and Overhaul (MRO) of aircraft

This covers R&D activities and the establishment of research/testing


laboratories, Centers of Excellence and technical vocational education and
training institutions in support of the manufacturing of aerospace parts and
components (or maintenance, repair and overhaul of aircraft).

f. Industrial waste treatment

This covers the establishment of treatment facilities for toxic and hazardous
wastes (THW) from an industrial operation.

The following are the qualifications for registration:


Must involve treatment, storage and disposal (TSD)
Must be capable of handling THW
Must handle only locally generated industrial wastes.

Prior to start of commercial operation, the registered enterprise must submit a


copy of its TSD Registration Certificate issued by the Environmental
Management Bureau (EMB) of the DENR.

4. Economic and Low-cost Housing (horizontal and vertical)6

This covers the development of economic and low-cost housing and the
manufacture of modular housing components.

a. Economic and Low Cost Housing

The following are the qualifications for registration:


The selling price of each housing unit shall be more than Php450,000.00
but not exceeding Php3.0 million;
Minimum of 20 livable dwelling units in a single site or building;
Must be new or expanding economic/low-cost housing project;
For vertical housing projects, at least 51% of the total floor area, excluding
common facilities and parking areas, must be devoted to housing units.

In cases of un-incorporated joint venture and similar arrangements between


landowner and developer wherein the sharing scheme is in terms of the
number of lots or units built, only the share of the developer may qualify for
registration.

Projects that have already been completed and have incurred sales (booked
sales) of housing packages shall not qualify for registration.

Any of the following may be considered as an expansion project:


Construction of additional floors or annexes intended for housing units;
If the project will locate adjacent or contiguous to an existing housing

6
Based on a price ceiling of Php3.0 million and subject to geographical considerations.

Page 20 of 48
project owned by the same entity and shall share common facilities
including access to the existing project.

All economic/low-cost housing projects must comply with the following:


Socialized housing requirement (SHR) by building socialized housing
units in an area equivalent to at least 20% of the total registered project
area or total BOI registered project cost for horizontal housing and 20% of
the total floor area of qualified saleable housing units for vertical housing
projects.

This may be done through any of the following modes:


- Development of a new settlement directly undertaken by the registered
entity;
- Development of a new settlement through joint venture arrangements
with any of the following:
i. Local Government Unit,
ii. Affiliate or other related enterprise of the BOI-registered entity,
iii. Developer accredited by the HLURB.

In the case of joint venture projects, the BOI registered entity shall be
required to provide proof of funds transferred to the implementing
entity.

- Development of a new settlement through donation of land with basic


infrastructure facilities (roads, water system, etc.) and/or construction
materials intended for the calamity stricken areas as identified in the

agencies, relevant LGUs, or with HLURB accredited NGOs.

In lieu of the above modes for compliance with the SHR, vertical housing
projects may opt to donate provided: (1) the donation is made to BOI
accredited NGO and (2) the amount to be donated shall be equivalent to
30% of (20% of the building construction cost based on the actual number
or equivalent total floor area of qualified saleable low cost housing units)
or not less than 40% of the estimated ITH. Equivalent total floor area
refers to the sum total of the floor area of all the registered low-cost
housing units.

For purposes of ITH availment, compliance with the 20% socialized


housing requirement shall be computed based on the actual units sold
during the ITH availment period. Failure to submit proof of compliance
shall result to forfeiture of ITH for that particular taxable period.

Non-compliance with the 20% SHR on previous registrations using the


ITH-based Compliance (IBC) shall result in denial of applications for
registration for succeeding projects.

Project shall conform with the design standards set forth in the Rules and
Regulations to Implement B.P. No. 220/P.D. No. 957 and other related

Page 21 of 48
laws.

Eligible projects in NCR, Metro Cebu, and Metro Davao may only be granted
three (3) years ITH unless the SHR compliance of the said projects would be
undertaken in any of the identified calamity-stricken areas in the

cases, said projects may be eligible to four years of ITH.

Interest income arising from in-house financing shall not be entitled to ITH.

Application for registration must be accompanied by a copy of the


Development Permit issued by HLURB or concerned LGU.

Prior to registration, horizontal housing project applicant must submit copies


of License to Sell (LTS) and Certificate of Registration (CoR) issued by
HLURB. For vertical housing project, applicant may submit a copy of its
temporary LTS provided that the copies of the final LTS and CoR shall be
submitted prior to start of commercial operation.

b. Modular Housing Components

This covers the manufacture of modular housing components preferably using


indigenous materials. These include roof/framing systems, wall/partition
systems, flooring systems, door/window systems, and finishing/ceiling
systems.

Application for registration must be accompanied by an endorsement from


Accreditation of Innovative Technologies for Housing (AITECH).

5. Hospitals7

This covers the establishment and operation of general and specialty hospitals and
other health facilities.

Any of the following may qualify for registration:


General Hospitals (Level 1, 2 and 3) in any of the locations listed in Annex C-
1,
General Hospital Level 3 in any of the locations listed in Annex C-2,
Specialty Hospitals and Other Health Facilities outside Metro Manila. Other
Health Facilities include:
a) Custodial Care Facilities (excluding those for rehabilitation owing to
substance abuse),
b) Diagnostic/Therapeutic Facilities (excluding Clinical Laboratory, Drug
Testing Laboratory, Laboratory for Drinking Water Analysis), and
c) Specialized Out-Patient Facilities (excluding In-Vitro Fertilization Center
and Stem Cell Facility).
Geriatric Care Facilities.

7
Subject to geographical considerations.

Page 22 of 48
Only revenues derived from medical and diagnostic services rendered by the
registered entity shall be entitled to ITH. Income from lease/rent, and revenues
from any other non-treatment related services will not be eligible for ITH.

Prior to start of commercial operation, the registered enterprise must submit the
License to Operate from the Bureau of Health Facilities and Services of the DOH,
where applicable.

Prior to availment of ITH, the registered enterprise must submit a copy of its
Certificate of PhilHealth Accreditation, where applicable.

6. Energy

a. Exploration and development of energy sources (including energy crops or


upstream biofuels)

(1) Exploration and Development of Energy Sources

Exploration and development of energy sources should be covered by a


valid service contract with the DOE.

Exploration projects shall only be entitled to duty free importation of


capital equipment.

(2) Energy Crops

Only new plantations/growing areas dedicated for energy feedstock may


qualify for BOI registration.

Applications for registration must be accompanied by a certification from


the DA as provided under Section 4 of Joint Administrative Order (JAO)
No. 2008-1, Series of 2008 (Guidelines Governing the Biofuel feedstock
production under R.A. 9367).

b. Power generation plants8

This covers power generation projects utilizing conventional fuels (i.e., coal,
diesel, bunker, natural gas, and geothermal), waste heat and other industrial
wastes. Only projects that will respond to the capacity installation gap based
-year supply-demand forecast and will operate on or before
2019 may qualify for registration. Availment of ITH shall be on a first to
operate basis.

Registration of projects shall be based on the below indicative allocation of the


installation target in accordance with the Energy Supply-Demand Outlook of

8
-year supply-demand forecast or up to 2019, i.e., if
forecast is 6000MW, then the first 6000MW capacity receives the incentives, and said installation gap will be
divided among areas in Luzon, Visayas and Mindanao.

Page 23 of 48
the Department of Energy (DOE) as of February 2015 and may be subject to
re-allocation based on regional power demand and supply situation.

2015 2016 2017 2018 2019


Luzon (in MW) 1,300 500 500 500 50
Visayas (in MW) 150 50 50 50 100
Mindanao (in MW) 50 50 50 100 100

Power projects that are built contiguous to its existing generating facilities
shall be considered as expansion projects. However, if the existing base load
power plant has consistently dispatched at least 80% of its registered capacity
for the past 3 years, the project to be registered may be considered new.

Revenues of base load plants derived through the Wholesale Electricity Spot
Market (WESM) shall not be entitled to ITH.

Within one (1) year from the date of registration, projects with loan
components in their financing scheme must have achieved Financial Close;

As evidence of financial closing, the enterprise shall submit a certification, in


a form and substance satisfactory to BOI, issued and addressed by the lenders
to BOI confirming the financial agreements are in full force and in effect.

Power generation projects located in missionary areas or off-grid areas may


qualify for pioneer status.

c. Ancillary services

(1) Drilling Services for Geothermal Projects

(2) Support services such as frequency regulation and contingency reserves,


voltage control, load following, reactive power support, and black start
capability which are necessary to support the transmission capacity and
energy that are essential in maintaining power quality and the reliability
and security of the grid.

d. Energy efficiency projects

This covers the establishment of energy efficiency-related facilities and the


manufacture of equipment for use in energy efficient systems.

Projects should utilize energy sources adopting environmentally-friendly


technologies that comply with the Clean Air Act, the Environmental Impact
System law, the Biofuels Act, where applicable, and other relevant environment
laws.

Applications for registration must be accompanied by an endorsement from the


Department of Energy (DOE).

Page 24 of 48
7. Public Infrastructure and Logistics

a. Airports and seaports (includes RO-RO ports) for cargo and passenger

The qualification for registration of projects is based


infrastructure development policy and other relevant plans.

Application for registration must be accompanied by an endorsement from the


Civil Aviation Authority of the Philippines (CAAP) or the Philippine Ports
Authority (PPA), whichever is applicable.

b. Air, land and water transport (limited to brand new ships, aircraft, seaplanes,
RO-RO; buses, boats, mass rail - limited to capital equipment incentive only)

(1) Air Transport

This covers passenger and/or cargo air transport operation for commercial
purposes.

Lease with option to purchase an aircraft may be allowed. Acquisition of


additional brand new aircraft may be registered as new.

Application for registration must be accompanied by an endorsement from


the Civil Aeronautics Board (CAB), when applicable. Such endorsement
must contain information on the routes to be served.

Prior to start of commercial operation of each aircraft, the registered


enterprise must submit a copy of the Certificate of Airworthiness issued by
Civil Aviation Authority of the Philippines (CAAP).

Only revenues derived from cargo air freight fares, passenger air fares, and
revenues on refund, cancellation and rebooking fees shall be entitled to
ITH. Incidental revenues such as those earned from excess baggage
(including prepaid baggage), seat selector options, merchandise sales such
as sale of meals/beverages, souvenirs, travel related products and other
commodities, package tours and other incidental revenues as may be
determined by the Board shall not be entitled to ITH.

(2) Land Mass Transport

This covers mass transport using brand new buses that run on electric
batteries, and/or compressed natural gas.

The following are the qualifications for registration:


Must utilize buses with at least Euro IV-compliant engine and using
Euro IV fuel, if applicable; and
Must have own terminal and garage that can accommodate all the
buses under its franchise(s).

Page 25 of 48
Application for registration must be accompanied by a copy of the
application for franchise with the Land Transportation Franchising &
Regulatory Board (LTFRB).

Prior to start of commercial operation, the registered enterprise must


submit a copy of its original LTFRB Franchise Verification with Original
Receipt.

(3) Water Transport

This covers domestic/inter-island shipping, i.e. pure cargo, passenger, and


passenger-cargo vessel operations including RORO Terminal System
operations.

Tankers, High-speed Craft, RORO Vessels serving primary routes and


Passenger/Cargo vessels having gross weight of 150 GT and above may
qualify for registration.

Application for registration must be accompanied by an endorsement of


the project and proof of accreditation of the shipping enterprise by
MARINA.

Prior to start of commercial operation, the registered enterprise must


submit proof that the vessel is registered with MARINA and a copy of the

RORO operator/ enterprise serving missionary routes, as indicated in the


Certificate of Public Convenience (CPC) issued by MARINA, may qualify
for pioneer status.

Acquisition of additional brand new vessel/s may be registered as new


project.

(4) Mass Rail

This covers mass rail transport system for passengers and cargoes in line
with the transport development plans and programs of the Department of
Transportation and Communications (DOTC).

c. LNG Storage and Regasification Facility

This covers the establishment and operation of natural gas storage and
regasification facilities in accordance with relevant Philippine National
Standards (PNS).

LNG gasification plants may be located on land and/or on floating barges.

The following are the qualifications for registration:


Must have new facilities

Page 26 of 48
Must cater to power plants, industrial plants, commercial establishments,
etc.
Must cater to at
business.

The registered enterprise must submit a copy of its Permit to Operate issued
by the DOE prior to start of commercial operations.

d. Bulk water treatment and supply

Bulk water supply projects must involve extraction of water from its natural
source, except shallow and deep wells, and water treatment for commercial
purposes. The water treatment facility shall cover the minimum basic process
flow of a treatment plant (i.e. screening, mixing, flocculation, sedimentation,
filtration and chlorination) with capacity sufficient to handle the volume of
raw water to be supplied to its target service area.

Only new bulk water treatment and supply projects may qualify for
registration. Supply of water (or distribution) should include extraction of
water, treatment and installation of distribution lines and flow metering
systems. Treated water should be in accordance with the PNS for Drinking
Water.

Projects involving any of the foregoing areas of water operations dedicated to


a particular industrial estate, industrial community, or subdivision are not
qualified for registration.

Application for registration must be accompanied by a copy of the Water


Permit.

Prior to start of commercial operations, the registered enterprise must submit a


copy of the Certificate of Public Convenience (CPC), if applicable.

Applications covering both supply and distribution projects shall be unbundled


showing the revenue and cost structure of each.

8. PPP Projects

This covers projects implemented under Republic Act No. 6957, as amended by
Republic Act No. 7718 (Amended Build-Operate-and-Transfer Law).

Application for registration must be accompanied by an endorsement from the


Public-Private Partnership (PPP) Center.

II. EXPORT ACTIVITIES

This covers the manufacture of export products, services exports and activities in
support of exporters.

Page 27 of 48
1. Production and Manufacture of Export Products

This covers the production/manufacture of non-traditional export products and


with export requirement of at least 50% of its output, if Filipino-owned or at least
70%, if foreign-owned.

Export products include electronics, garments and textiles (including brassieres,


iture,
jewelry, marine and aquaculture, mineral products, and others.

In the export of mineral products, the Specific Guidelines for R.A. No. 7942 of
this IPP shall apply suppletorily.

2. Services Exports

This covers service activities rendered to clients abroad and paid for in foreign
currency with export requirement of at least 50% of its revenue, if Filipino-owned
or at least 70%, if foreign-owned.

This also covers non-voice business processing operations such as administrative


and business services including analytics, data management, engineering and
architectural services.

Mere deployment of people or individual practice of profession abroad is not


qualified for registration.

For contact centers, project must have a minimum investment cost of the
Philippine Peso equivalent of US$5,000 per seat to qualify for registration. This
amount covers the cost of equipment (hardware and software), office furniture and
fixture, building improvements and renovation, and other fixed assets except land,
building and working capital. If equipment used were leased, the same should be
converted to assets in terms of commercial interest rates and amortized over a
five-year period. If equipment were consigned, the same should have an assigned
value to be considered as part of the project cost.

In the case of contact centers, revenues shall be unbundled to show the breakdown
of servicing domestic and overseas markets.

3. Activities in Support of Exporters

This covers activities directly supporting export producers as follows:

a. Manufacture of parts/components and materials and supplies directly/


reasonably needed in the production of the export product;
b. Services comprising a portion of the manufacturing process;
c. Product testing and inspection;
d. Repair and maintenance; and
e. Logistics services.

Page 28 of 48
This also covers service providers to foreign film and television production
projects in the country as endorsed by the Philippine Film Export Services Office
(PFESO) as mandated by E.O. No. 674.

III. SPECIAL LAWS

1. Industrial Tree Plantation9

This covers extensive plantation of forest land of tree crops (except fruit trees) for
commercial and industrial purposes.

Tree crops include timber and non-timber species such as rubber, bamboo, rattan,
etc. (excluding fruit trees) for commercial and industrial purposes.

In cases of tree plantations that are joint venture agreements with other private
entities, community organizations or government entities, only the share of the
registered enterprise may be entitled to ITH.

Application for registration must be accompanied by an endorsement from the


DENR.

2. Exploration, Mining, Quarrying and Processing of Minerals

This covers the exploration and development of mineral resources,


mining/quarrying and processing of metallic and non-metallic minerals.

Mining/quarrying and mineral processing projects are limited to capital equipment


incentives.

Application for registration must be accompanied by a copy of the Exploration


Permit, Mineral Production Sharing Agreement (MPSA), or Financial or
Technical Assistance Agreement (FTAA), whichever is applicable.

3. Publication or Printing of Books

This covers content development intended for books and publication of books in
print or digital format.

The following may qualify as new:

New book titles (original works, and original text with annotations), and
First format by which the new book title will be produced or published. The
succeeding format (e.g., print to digital, or vice versa) by which the same title

Re-prints, revisions, and succeeding editions of existing titles will not qualify for
registration.

9
Industrial Tree Plantation (ITP) is also known as Industrial Forest Plantation (IFP) based on DENR AO 1999-
53

Page 29 of 48
For unpublished content, application for registration may be on a per book title or
a maximum of five (5) book titles per application.

For publishing, the following will apply:

A minimum of 10 titles with 1,000 copies each for its first print run, in case of
printed books; and
A minimum of 10 titles each, in case of e-books.

Application for registration must be accompanied by an endorsement from the


National Book Development Board (NBDB).

4. Refining, Storage, Marketing and Distribution of Petroleum Products

This covers refining, storage, distribution, and marketing of petroleum products.

For gasoline retailing stations, except those locating in LDAs listed in this IPP, the
applicant shall be required to invest a minimum capital of PhP10 million per
station, excluding land, or such amount as may be determined jointly by BOI and
DOE for augmentation purposes, as the need arises; Provided, that foreign
retailers shall comply with the requirements provided under R.A. No. 8762,
otherwise known as the Retail Trade Liberalization Law, and its implementing
rules and regulations.

For storage, marketing and distribution, only investments of new industry


participants may be entitled to incentives.

Application for registration must be accompanied by an endorsement from the


DOE certifying that the applicant is a new industry participant with new
investments.

For storage, marketing and distribution, petroleum products excluding liquefied


petroleum gas (LPG), shall be sourced from the new industry participants as
defined under R.A. No. 8479, except in cases of emergency supply situation.

For projects that involve more than one activity, i.e., storage, marketing and
distribution, each must be unbundled showing the revenue streams and costs for
each activity.

Blending of petroleum products alone may only be entitled to capital equipment


and other non-fiscal incentives.

Applicant enterprises shall elect to be governed by the provisions of E.O. No. 226
or R.A. No. 8479 at the time of their application for registration, provided that
such election once made shall be final.

Page 30 of 48
5. Rehabilitation, Self-Development and Self-Reliance of Persons with Disability

This covers the manufacture of technical aids and appliances for the use and/or
rehabilitation of persons with disability, and the establishment of special schools,
day care centers, homes, residential communities or retirement villages solely to
suit the needs and requirements of persons with disability.

Manufacturing of technical aids and appliances used by persons with disability


includes but is not limited to the following:

Walk-in baths designed for persons with disabilities;


Commode chairs;
Braille books;
Hoists and lifting chairs designed for incapacitated people, including stair lifts;
Wheelchairs, scooters and automobiles using special controls or assistive
technology designed for persons with disabilities;
Hearing-aids;
Artificial limbs, orthotics, prosthetics and orthopedic braces;
Automatic/mechanical lifts to be attached to motor vehicle.

Application for registration must be accompanied by an endorsement from the


Department of Social Welfare and Development (DSWD).

6. Renewable Energy

This covers developers of renewable energy facilities, including hybrid systems.


This also covers manufacturers, fabricators and suppliers of locally-produced
renewable energy (RE) equipment and components.

Application for registration must be accompanied by a copy of the DOE


Certificate of Registration, Certificate of Accreditation or DOE endorsement,
whichever is applicable.

Applicant enterprises shall elect to be governed by the provisions of E.O. No. 226
or R.A. No. 9513 at the time of their application for registration.

7. Tourism

This covers tourism enterprises that are outside the tourism enterprise zones
(TEZs) and are engaged in the following:

a. Tourist transport services whether for land, sea and air transport for tourist
use;

b. Establishment and operation of:

Accommodation establishments such as but not limited to hotels, resorts,


apartment hotels, tourist inns, motels, pension houses, private homes for
home stay, eco-lodges, condotels, serviced apartments, and bed and
breakfast facilities;

Page 31 of 48
Convention and exhibition faci

Amusement parks;
Adventure and eco-tourism facilities;
Sports facilities and recreational centers;
Theme parks;
Health and wellness facilities such as but not limited to spas;
Agri-tourism farms and facilities; and
Tourism training centers and institutes.

c. Development of retirement villages;

d. Restoration/ preservation and operation of historical shrines, landmarks and


structures.

(1) Tourist transport

This covers transport services whether for land, water and air transport for
tourist use.

Land transport covers the operation of brand new, world-class buses and/or
mini-buses/coasters. The quantity or number of units of vehicles that may be
allowed shall be determined based on the number of tourist arrivals in the area
or the ratio of hotel/resort facilities/rooms.

Tourist transport operators must have garage, hangar or berthing/docking


facilities.

Application for registration of water and air transport operators must be


accompanied by an endorsement from MARINA or CAAP, respectively.

Prior to start of commercial operation, the registered tourist land transport


operator must submit a copy of Certificate of Public Convenience (CPC).

(2) Tourism-related facilities

(a) Accommodation facilities

Condotel/apartment hotel/serviced apartment/ tourist inn/pension


house/motel, must cater to tourists/guests to qualify for registration. For
condotel/apartment hotel/serviced apartment, each unit must have fully
equipped kitchen and laundry facilities.

Income arising from gaming and mall operations are not qualified for ITH.

For modernization projects, replacement of carpets, pillows, mattresses


and other similar items shall be excluded from the computation of the ITH
rate of exemption.

For hotels and resorts:

Page 32 of 48
The quantity or number of units of buses and/or mini-buses/coasters
that may be allowed shall be determined based on the number of tourist
arrivals in the area or the ratio of hotel/resort facilities/rooms.

Accommodation establishments locating in the following areas shall


not be entitled to ITH:

Metro Manila;
Cebu City;
Mactan Island; and
Boracay Island.

Only income directly attributable to revenue generated from the hotel


operations, specifically from room accommodation and income from food
and beverage outlets within the hotel owned by the registered enterprise
shall be qualified for ITH.

(b) Health and Wellness

This covers the establishment and operation of destination spa, resort/hotel


spa, therapeutic centers, traditional healing (
.

(c) Tourism Training Centers and Institutes

The following are the requirements for registration:


The curriculum must be endorsed by the appropriate industry
association and approved by either the TESDA for training courses or
CHED for degree courses or other concerned government
agencies/authority.

The registered education/training/learning institutions must provide


training laboratories/On-the-Job facilities and equipment.

Application for registration must be accompanied by an endorsement from the


Department of Tourism (DOT).

Prior to ITH availment, the registered enterprise must submit a copy of DOT
accreditation.

Only income derived from tourism-related activities shall be entitled to ITH.

(3) Retirement Village

Locators engaged in the activities listed in the IPP that are related to
retirement business may be registered as separate activity.

(4) Restoration/ preservation and operation of historical shrines, landmarks and


structures

Page 33 of 48
This covers the conservation, preservation or restoration of national sites or
properties.

Projects undertaking the conservation and preservation, restoration or


maintenance of historico-cultural heritage that includes any of the following
may qualify for registration:

(a) National shrines, monuments, and/or landmarks


(b) Local historical sites/properties classified, identified, and listed in the
National Registry of Historic Structures
(c) Cultural properties, treasures and/or artifacts.

Application for registration must be accompanied by an endorsement from the


National Historical Commission of the Philippines (NHCP).

These General Policies and Specific Guidelines shall take effect immediately upon
publication.

By the Authority of the Board:

Page 34 of 48
ANNEX A

LIST OF LESS DEVELOPED AREAS (LDAs)

Province Municipality/City
Boliney
Bucay
Bucloc
Danglas
Daguioman
Dolores
Lacub
Lagangilang
Lagayan
Langiden
La Paz
Licuan-baay (Licuan)
ABRA
Luba
Malibcong
Manabo
Pearrubia
Pidigan
Pilar
Sallapadan
San Isidro
San Juan
San Quintin
Tayum
Villaviciosa
AGUSAN DEL NORTE Remedios T. Romualdez
Buruanga
AKLAN Lezo
Tangalan
Belison
ANTIQUE
Libertad
Itbayat
Basco
Sabtang
BATANES
Ivana
Mahatao
Uyugan
Balete
San Nicolas
BATANGAS
Santa Teresita
Tingloy
Sablan
BENGUET
Tublay
Almeria
Biliran
BILIRAN
Cabucgayan
Caibiran
Culaba

Page 35 of 48
Province Municipality/City
Kawayan
Maripipi
Alburquerque
Anda
Batuan
Clarin
Corella
BOHOL Cortes
Dagohoy
Lila
Loay
San Isidro
Sevilla
Sikatuna
CAGAYAN Rizal
Santa Praxedes
CAMARINES NORTE San Vicente
Bombon
CAMARINES SUR Cabusao
Gainza
Camaligan
Catarman
CAMIGUIN Guinsiliban
Mahinog
Sagay
Bagamanoc
Baras
CATANDUANES Bato
Gigmoto
Panganiban (Payo)
San Miguel
CAVITE General Emilio Aguinaldo
Alcantara
Alcoy
Boljoon
Ginatilan
CEBU
Malabuyoc
Pilar
Ronda
Samboan
Tudela
DAVAO DEL NORTE San Isidro
Dinagat
DINAGAT ISLANDS Libjo (Albor)
Tubajon
Balangkayan
General Macarthur
Giporlos
EASTERN SAMAR Hernani
Jipapad
Lawaan
Maslog

Page 36 of 48
Province Municipality/City
Mercedes
Quinapondan
Salcedo
San Julian
San Policarpo
GUIMARAS San Lorenzo
Hingyon
IFUGAO
Asipulo
ILOCOS NORTE Adams
Gregorio del Pilar (Concepcion)
Lidlidda
Nagbukel
San Esteban
ILOCOS SUR San Ildefonso
San Vicente
Santa Catalina
Sigay
Sugpon
Mina
Batad
ILOILO
Bingawan
San Rafael
San Isidro
ISABELA
Luna
KALINGA Pasil
Famy
Mabitac
LAGUNA
Pakil
Rizal
Kauswagan
Linamon
Magsaysay
Matungao
LANAO DEL NORTE Pantar
Salvador
Sapad
Tagoloan
Tangcal
Bayang
Butig
Calanogas
Lumbatan
Masiu
LANAO DEL SUR
Pagayawan (Tatarikan)
Pualas
Sultan Dumalondong
Tamparan
Tugaya
Bagulin
LA UNION Burgos
Pugo
LEYTE Hindang

Page 37 of 48
Province Municipality/City
Julita
La Paz
Macarthur
Mayorga
Merida
Pastrana
Santa Fe
Tabontabon
Tolosa
Tunga
Datu Unsay
Kabuntalan (Tumbao)
MAGUINDANAO Mamasapano
Northern Kabuntalan
Sultan Mastura
Batuan
MASBATE Esperanza
San Fernando
Baliangao
Concepcion
MISAMIS OCCIDENTAL Panaon
Sapang Dalaga
Sinacaban
Balingoan
Binuangan
Gitagum
MISAMIS ORIENTAL Kinoguitan
Lagonglong
Libertad
Sugbongcogon
Barlig
Besao
MOUNTAIN PROVINCE Sabangan
Sadanga
Sagada
NEGROS ORIENTAL San Jose
Allen
Biri
Capul
Lapinig
Mapanas
NORTHERN SAMAR
Rosario
San Antonio
San Jose
San Vicente
Victoria
Nampicuan
NUEVA ECIJA
Palayan City
Ambaguio
NUEVA VIZCAYA
Villaverde
OCCIDENTAL MINDORO Looc
PANGASINAN Santo Tomas

Page 38 of 48
Province Municipality/City
Agutaya
Cagayancillo
PALAWAN
Linapacan
Magsaysay
Agdangan
Alabat
Jomalig
Patnanungan
QUEZON
Perez
Plaridel
Quezon
Sampaloc
QUIRINO Saguday
Alcantara
Banton
Calatrava
Concepcion
Corcuera
ROMBLON Ferrol
Magdiwang
San Andres
San Jose
Santa Fe
Santa Maria (Imelda)
Almagro
Jiabong
Marabut
Matuguinao
Pagsanghan
SAMAR (WESTERN SAMAR)
San Sebastian
Santo Nio
Tagapul-an
Talalora
Zumarraga
Enrique Villanueva
Larena
SIQUIJOR
Maria
San Juan
Barcelona
SORSOGON Prieto Diaz
Santa Magdalena
Anahawan
Hinundayan
Libagon
Limasawa
Padre Burgos
SOUTHERN LEYTE
Pintuyan
San Francisco
San Juan (Cabalian)
San Ricardo
Tomas Oppus
SULU Hadji Panglima Tahil (Marunggas)

Page 39 of 48
Province Municipality/City
Kalingalan Caluang
Lugus
Maimbung
Panglima Estino (New Panamao)
Pata
Tapul
Alegria
Bacuag
Burgos
Del Carmen
General Luna
Malimono
Pilar
SURIGAO DEL NORTE
San Benito
San Francisco (Anao-aon)
San Isidro
Santa Monica (Sapao)
Sison
Tagana-an
Tubod
Bayabas
SURIGAO DEL SUR
Carmen
Anao
TARLAC Ramos
San Clemente
TAWI-TAWI Turtle Islands
Mutia
ZAMBOANGA DEL NORTE Rizal
Sibutad
Josefina
Sominot (Don Mariano Marcos)
ZAMBOANGA DEL SUR
Tigbao
Vincenzo A. Sagun
ZAMBOANGA SIBUGAY Talusan

Page 40 of 48
ANNEX B

Indigenous Raw Materials


NOTES
(a) Live animals born and raised
in the Philippines mammals, birds, fish, crustaceans, mollusks, reptiles,
bacteria and viruses

(b) Animals obtained by hunting, Covers animals obtained in the wild, whether live or
trapping, fishing, gathering or dead, whether or not born and raised in the
capturing in the Philippines Philippines

(c) Products obtained from live Covers products obtained from live animals without
animals in the Philippines further processing, including milk, eggs, natural
honey, hair, wool, semen and dung

(d) Plants and plant products Covers all plant life, including fruit, flowers,
harvested, picked or gathered vegetables, trees, seaweed, fungi and live plants
in the Philippines grown in the Philippines

(e) Minerals and other naturally Covers crude minerals and other naturally occurring
occurring substances, not substances, including rock or solar salt, crude mineral
included in (a) and (d), sulphur occurring in free state, natural sands, clays,
extracted or taken in the stones, metallic ores, crude oil, natural gas,
Philippines bituminous minerals, natural earths, ordinary natural
waters, natural mineral waters, natural snow and ice

(f) Scrap and waste derived from Covers all scrap and waste, including scrap and waste
manufacturing or processing resulting from manufacturing or processing
operations or from operations or consumption in the Philippines, scrap
consumption in the country machinery, discarded packaging and household
and fit only for disposal or for rubbish and all products that can no longer perform
the recovery of raw materials the purpose for which they were produced, and are fit
only for discarding of for the recovery of raw
materials. Such manufacturing or processing
operations include all types of processing, not only
industrial or chemical but also mining, agricultural,
construction, refining, incineration and sewage
treatment operations.

Intermediate Indigenous Products


Indigenous Materials Intermediate Indigenous Products
Abaca Abaca Pulp / Fiber

Chromite Ore Chromite Fines / Concentrates / Sand

Clay Beneficiated Clay

Coal Beneficiated Coal

Page 41 of 48
Indigenous Materials Intermediate Indigenous Products
Coconut Crude Coconut Oil

Copper Ore Copper Concentrates / Cathodes

Crude Petroleum Refined Petroleum Products (*)

Dolomite Beneficiated Dolomite

Industrial Stones Aggregates

Iron Ore Iron Concentrates, Ingots / Billets, Cast Iron

Limestone Hydrated Lime, Quick Lime, Industrial and


Agricultural Lime

Limestone for Cement Clinker

Marble Marble Blocks

Nickle Ore Beneficiated Nickle Ore / Briquettes

Other Dimension Stones Blocks

Other Metallic Ores Concentrates / Smelting Products

Other Non-Metallic Minerals Beneficiated Non-Metallic Minerals

Other Scrap / Wastes Processed Products as raw material inputs to


produce another product

Palm Oil Crude Palm Oil

Plastic Scraps and Wastes Moulding Compounds as inputs to packaging


materials

Precious Metallic Ores Bullion

Rubber Latex / Crumb Rubber

Scrap Metal Billets / Ingots / Cast and Forged Products

Seaweeds Carrageenan

Seed Cotton Cotton Lint / Cotton Yarn

Silica Sand Flat Float Glass

Sugar Cane Raw Sugar

Page 42 of 48
ANNEX C-1

Preferred Locations for General Hospitals (levels 1, 2 and 3)


List of Sub-Regions and Provinces Which Did Not Meet the
DOH Standard Hospital Bed-to-Population Ratio of 1: 1,000
(DOH-HFSRB data as of December 2013)

Sub-Regions and Provinces

Distribution per DOH License to Operate Category


ARMM (Autonomous Region of Muslim Mindanao)
Basilan
Lanao Del Sur
Maguindanao
Sulu
Tawi-Tawi
CARAGA Region
Agusan del Norte
Agusan del Sur
Surigao del Sur
Dinagat Island
CAR (Cordillera Autonomous Region)
Abra
Benguet
Region I Ilocos
Ilocos Norte
Ilocos Sur
La Union
Pangasinan
Region II Cagayan Valley
Cagayan
Isabela
Quirino
Region III Central Luzon
Aurora
Bataan
Bulacan
Nueva Ecija
Pampanga
Tarlac
Zambales
Region IVA CALABARZON (Cavite, Laguna, Batangas, Quezon)
Batangas
Cavite
Laguna

Page 43 of 48
Sub-Regions and Provinces
Quezon
Rizal
Region IV-B MIMAROPA (Mindoro, Marinduque, Romblon, Palawan)
Marinduque
Occidental Mindoro
Oriental Mindoro
Palawan
Romblon
Region V Bicol
Albay
Camarines Norte
Camarines Sur
Masbate
Sorsogon
Region VI Western Visayas
Aklan
Antique
Capiz
Iloilo
Guimaras
Negros Occidental
Region VII Central Visayas
Bohol
Cebu
Negros Oriental
Region VIII Eastern Visayas
Biliran
Eastern Samar
Leyte
Northern Samar
Southern Leyte
Western Samar
Region IX Zamboanga Peninsula
Zamboanga del Norte
Zamboanga del Sur
Zamboanga Sibugay
Region X Northern Mindanao
Bukidnon
Misamis Occidental
Misamis Oriental
Lanao Del Norte
Region XI Davao
Compostela Valley

Page 44 of 48
Sub-Regions and Provinces
Davao Del Norte
Davao Oriental
Davao Del Sur
Region XII SOCCSKSARGEN
North Cotabato
South Cotabato
Sultan Kudarat
Saranggani

Page 45 of 48
ANNEX C-2

Preferred Locations for General Hospitals Level 3

1. Boracay Island
2. Cebu City
3. Lapu-Lapu City
4. Puerto Princesa City
5. Baguio City
6. Albay
7. Batangas
8. Cagayan de Oro City
9. Davao City
10. Bohol

Page 46 of 48
ANNEX D

INCENTIVES FOR BOI-REGISTERED ENTERPRISES

Entitlement and availment of incentives shall be subject to the terms and conditions set forth

regulations of the implementing/administering agency.

A. Omnibus Investments Code of 1987 (E.O. No. 226)

1. Income Tax Holiday (ITH)


a. Six (6) years for projects with pioneer status and for projects located in a Less
Developed Area (LDA);
b. Four (4) years for new projects with non-pioneer status;
c. Three (3) years for expansion/modernization projects.
2. Duty exemption on imported capital equipment, spare parts and accessories;
3. Exemption from wharfage dues and any export tax, duty, impost and fees;
4. Tax exemption on breeding stocks and genetic materials;
5. Tax credits on imported raw materials;
6. Tax and duty-free importation of consigned equipment;
7. Additional deduction for labor expense;
8. Employment of foreign nationals;
9. Simplification of customs procedures;
10. Access to bonded manufacturing warehouse.

B. Revised Forestry Reform Code of the Philippines (P.D. No. 705)

Incentives under E.O. No. 226 or the following:

1. Treatment of the amounts expended by a lessee in the development and operation of


an industrial tree plantation or tree farm prior to as ordinary and necessary business
expenses or as capital expenditures; and
2. Deduction from an investor's taxable income for the year, of an annual investment
allowance equivalent to thirty-three and one-third per cent (33-1/3%) of his actual
investment during the year in an enterprise engaged in industrial tree plantation or tree
farm.

C. Philippine Mining Act of 1995 (R.A. No. 7942)

Incentives under E.O. No. 226 and the following:

1. Exemption from real property tax and other taxes or assessments of pollution control
devices;
2. Income tax-carry forward of losses;
3. Income tax-accelerated depreciation.

D. Book Publishing Industry Development Act (R.A. No. 8047)

Incentives under E.O. No. 226.

Page 47 of 48
E. Downstream Oil Industry Deregulation Act of 1998 (R.A. 8479)

1. Income tax holiday (5 years);


2. Additional deduction for labor expenses;
3. Minimum tax and duty of three percent (3%) and value-added tax (VAT) on imported
capital equipment;
4. Tax credit on domestic capital equipment;
5. Exemption from contractor's tax;
6. Unrestricted use of consigned equipment;
7. Exemption from the real property tax on production equipment or machineries;
8. Exemption from taxes and duties on imported spare parts;
9. Such other applicable incentives under Article 39 of Executive Order No. 226.

F. Magna Carta for Disabled Persons (R.A. No. 7277)

Incentives under E.O. No. 226.

G. Renewable Energy Act of 2008 (R.A. No. 9513)

1. Income tax holiday (7 years);


2. Duty-free importation of RE machinery, equipment and materials;
3. Net Operating Loss Carry-Over (NOLCO);
4. Corporate tax rate of 10% after ITH;
5. Accelerated depreciation;
6. VAT- zero rate on sale of fuel or power generated;
7. Cash incentive for missionary electrification;
8. Tax exemption of carbon credits;
9. Tax credit on domestic capital equipment and services.

H. Tourism Act of 2009 (R.A. No. 9593)

Incentives under E.O. No. 226.

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