|
THE
Senate ratified Monday night a bicameral conference
committee report on a proposed remedial legislation
granting a one-time amnesty on certain tax and duty
liabilities incurred by investor-locators in special
economic zones subsequently created outside the
Subic
freeport.
As
adopted, registered business enterprises operating
within existing ecozones and freeports prior to the
enactment of the remedial legislation, including those
in Clark, Poro Point, John Hay and Morong Special
Economic Zones may avail themselves of the tax amnesty
benefits.
The
amnesty covers all applicable tax and duty liabilities,
“inclusive of fines, penalties and interests.”
However, the committee report provided that the
applicable tax and duty liabilities to be covered by the
tax amnesty shall refer only to the difference between
32 percent corporate income tax and the 5 percent tax on
gross income earned by the registered business
enterprises as determined under relevant revenue
regulations of the Bureau of Internal Revenue and
Memorandum Circulars of the Bureau of Customs.
A
separate committee report submitted by Sen. Ralph Recto,
Senate ways and means committee chairman, also assured
locators they would retain the incentives granted to
them when they started their businesses in the eco zones
and freeports.
Section 7 of the separate committee report states that
business enterprises presently registered and granted
with tax and duty incentives by the Clark Development
Corp. (CDC), Poro Point Management Corp. (PPMC), John
Hay Management Corp. (JHMC), and the Bataan
Technological Park Inc. (BTPI) “shall be entitled to the
same incentives until the expiration of their contracts
entered into prior to the effectivity” of the remedial
legislation.
The
conference committee also adopted a common provision
saying that no national and local taxes shall be imposed
on these areas designated as special economic zones and
freeport
zones. “In lieu of said taxes, a 5-percent tax on gross
income earned shall be paid by all registered business
enterprises within the zones and shall be directly
remitted as follows: 3 percent to the national
government and 2 percent to the treasurer’s office of
the municipality or city where the zones are located.
The
remedial tax amnesty was crafted to correct an oversight
committed during the Ramos administration, which granted
incentives to investor-locators outside of the Subic
free port which were ruled illegal by the Supreme Court.
The Court ruled that the incentives were specifically
granted only to Subic locators and another law is needed
for locators in other free ports to enjoy the same,
otherwise they would have to pay back taxes.
Recto
pointed out that while the bases conversion and
development law specifically granted fiscal incentives
to
Subic,
it did not explicitly apply to
Clark
and other ecozones like John Hay, Poro Point and Morong. |