Philippine Economic Zone Authority (2024)

MEMORANDUM CIRCULAR NO. 2005-032


TO: ALL ECOZONE EXPORT ENTERPRISES

FROM: Director General LILIA B. DE LIMA

DATE: 15 September 2005

SUBJECT: Clarification of the Tax Treatment of (a) Gains on Foreign Exchange
Transactions; and, (b) Sales of Production “Rejects and “Seconds”,
Scrap, Raw Materials, Packaging Materials and Other Production
Supplies


On Gains on Foreign Exchange Transactions:

Foreign currency is normally used by Ecozone Export Enterprises for their registered activities, either as the functional currency or as a supplemental currency. On the other hand, it is also used by some Ecozone Export Enterprises for other activities which can be considered as “additional business opportunities” which PEZA has no control of.

The tax treatment of foreign exchange (forex) gains shall depend on the activities from which these arise. Thus, if the forex gain is attributed to an activity with income tax incentive (Income Tax Holiday or 5% Gross Income Tax), said forex gain shall be covered by the same income tax incentive. On the other hand, if the forex gain is attributed to an activity without income tax incentive, said forex gain shall likewise be without income tax incentive, i.e., therefore, subject to normal corporate income tax.

The tax treatment of forex gains is illustrated as follows:

Activity

Income Tax Incentive

Tax Treatment of Forex Gain

Registered 1st Project

5% Gross Income Tax

5% Gross Income Tax

Registered 2nd Project

Income Tax Holiday

Income Tax Holiday

Other Activities

None

Normal Corporate Income Tax

On Sales of Production “Rejects” and “Seconds”, Scrap, Raw Materials, Packaging Materials and Other Production Supplies:

1. All local sales shall be subject to applicable duties and taxes (including VAT) prior to withdrawal thereof from the Ecozone.

2. For purposes of entitlement to income tax incentives (Income Tax Holiday or 5% Gross Income Tax), the following shall apply:

a. Sale of production “rejects” and “seconds” from the registered activity of the Export Enterprise shall be considered covered by the registered activity of said Enterprise. Thus, any income derived therefrom shall be covered by the applicable income tax incentive, i.e., Income Tax Holiday or 5% Gross Income Tax.

b. Sale of recovered waste / scrap generated from processing of raw materials, including used packaging materials and other direct/indirect materials / supplies that have undergone processing / which have been used in production/processing activity registered with PEZA shall likewise be considered covered by the registered activity of an Export Enterprise. Any income derived therefrom shall likewise be covered by the applicable income tax incentive.

c. Sale of unprocessed, unused, obsolete or “off-specs” production inputs (direct/indirect materials/supplies) shall not be covered by the registered activity of an Ecozone Enterprise. Thus, any income derived therefrom shall be subject to normal corporate income tax, provided that the related cost shall be deducted only once for purposes of computing income.

For purposes of proper reckoning of incentives, Ecozone Export Enterprises with multiple activities are required to maintain separate books of accounts for each activity.

Philippine Economic Zone Authority (2024)

FAQs

What does the Philippine Economic Zone Authority do? ›

PEZA is also the Philippine government agency tasked to extend assistance, register, grant incentives to and facilitate the business operations of investors in export-oriented manufacturing and service facilities inside selected areas throughout the country proclaimed by the President of the Philippines as PEZA Special ...

What are the duties and responsibilities of PEZA? ›

General Powers and Functions of PEZA
  • to operate, administer, manage and develop the ecozone according to the principles and provisions set forth in this Act;
  • to register, regulate and supervise the enterprises in the ecozone in an efficient and decentralized manner;

Why is PEZA important in the Philippines? ›

It specifically provides assistance to foreign entities in facilitating business operations of investors within selected areas in the country, which are called PEZA Special Economic Zones. Once accredited, business with PEZA certificates are entitled to fiscal and non-fiscal incentives.

What are the benefits of PEZA? ›

Fiscal Incentives
  • 100% exemption from corporate income tax. ...
  • Once the ITH expires, PEZA-registered companies benefit from a 5% Special Tax on Gross Income, as well as exemption from national and local taxes.
  • Tax and duty-free importation of raw materials, capital equipment, machineries , and spare parts.
Dec 4, 2018

Does the Philippines own the EEZ? ›

The Philippines has an exclusive economic zone that covers 2,263,816 square kilometers (874,064 sq mi) of sea. It claims an EEZ of 200 nautical miles (370 km) from its shores.

Is EEZ part of Philippine territory? ›

Does the Philippines have sovereignty or sovereign rights over its EEZ? Carpio explained: “Under international law, the Philippines has sovereignty over its territorial sea (12 nautical miles), and jurisdiction over its EEZ (beyond 12 nautical miles up to 200 nautical miles).

Is PEZA under government? ›

Philippine Economic Zone Authority (PEZA), formerly known as Export Processing Zone Authority (EPZA), is a government agency in the Philippines attached to the Department of Trade and Industry created to help promote investments in the export-oriented manufacturing industry into the country by assisting investors in ...

What companies are under PEZA? ›

  • 123 TEN, INC.
  • 1902 SOFTWARE DEVELOPMENT CORPORATION.
  • 21CENTURY CORPORATION.
  • 24-7 INTOUCH PH.
  • 24-HOUR HR PROCESS OUTSOURCING, INC.
  • 24/7 CARD PHILIPPINES, INC.
  • 24/7 CUSTOMER PHILIPPINES, INC.
  • 360TRAINING.COM INC.

Is PEZA tax free? ›

Philippine Economic Zone Authority. “Section 24. Exemption from National and Local Taxes. - Except for real property taxes on land owned by developers, no taxes, local and national, shall be imposed on business establishments operating within the ECOZONE.

Who needs to register with PEZA? ›

3. What are the activities that may qualify for registration with PEZA? Activities that qualify for registration with PEZA are those that involve manufacturing, processing or assembling for export as well as those activities that support exports.

How much is the annual fee of PEZA? ›

Upon approval by the Director General of PEZA, payment of the following should be made: Application Fee – Php 3,600.00. Annual Franchise Fee of Php 6,000.00 (Php 500.00 per month) Registration Fee – Php 3,600.00.

Why China wants the West Philippine Sea? ›

The conflict between China and the Philippines in the Western Philippine Sea (a.k.a. the South China Sea) is the result of years of territorial dispute over the Spratly Islands – a group of 7,500 islands and reefs that multiple countries have claimed as their own.

Who legally owns the West Philippine Sea? ›

The administrative order asserts the Philippine claim over its EEZ in the South China Sea which conveys the Philippine government's position that it has sovereign rights under the 1982 United Nations Convention on the Law of the Sea over the West Philippine Sea area and "inherent power and right to designate its ...

Does China have the right to claim the West Philippine Sea? ›

Under international law, China has zero claim on the West Philippine Sea, but Beijing continues to claim it by law and by force of arms. “Filipinos have every right to explore and develop the oil and gas in the West Philippine Sea, including Reed Bank, without interruption or harassment from other countries,” he added.

Does Philippines have sovereignty in EEZ? ›

“The Philippine position is we continue to exercise full sovereignty over Bajo de Masinloc and its territorial sea, as well as sovereign rights and jurisdiction over the surrounding EEZ (exclusive economic zone) and continental shelf,” Andanar said in a press statement.

Who has jurisdiction over EEZ? ›

A coastal State has sovereign rights to the management of natural resources and other economic activities within its Exclusive Economic Zone (EEZ). See Restatement (Third) of Foreign Relations Law § 514.

What are the 3 territories that the Philippines is claiming? ›

The Philippines has claimed many territories throughout its history. These territories include the Spratly Islands, portions of North Borneo, and the Scarborough Shoal.

What are the tax free zone in Philippines? ›

EPZ incentives include tax- and duty-free importation of capital equipment, raw materials and spare parts. The government has designated 4 EPZs; Bataan, Cavite, Baguio City and Mactan Island in the Visayas.

What is PEZA in taxation? ›

The Philippine Economic Zone Authority (PEZA) is an investment promotion agency (IPA) responsible for administering and regulating tax incentives to foreign enterprises willing to set up or establish their business in Special Economic Zones (SEZs).

What is the biggest economic zone in Philippines? ›

The Philippine Economic Zone Authority (PEZA) said that it has approved the registration for the PHP 125-billion (USD 2 . 4 billion) Quezon Techno-Industrial Special Economic Zone (QTISEZ) project, which will be the largest economic zone in the country. Local firm Achievement Realty Corp.

Is Wells Fargo under PEZA? ›

It has its principal office in the Philippines at the Wells Fargo Center, 1180 Wells Fargo Drive, McKinley Hill Cyberpark, Taguig City. 2 It is also registered with the Philippine Economic Zone Authority (PEZA) as an Ecozone IT Enterprise at the McKinley Hill Cyberpark with Certificate of Registration No.

Does PEZA allow work from home? ›

Guidelines on the transfer

22-19 which details the procedures on the registration of PEZA-registered IT-BPO companies with the Board of Investments (BOI) to allow the adoption of 100% work-from-home arrangements, PEZA has issued Memorandum Circular No. 2022-067 to guide its locator companies on the said transfer.

Can PEZA claim VAT refund? ›

PCCI president George Barcelon said that while Peza-registered firms can refund their VAT payments on purchased goods, the procedure added another bureaucratic level to a previously straightforward availment of the incentive.

Is PEZA exempt from VAT? ›

We gather that the requests stemmed from the demand of certain suppliers of the RBES for an endorsem*nt from PEZA pursuant to RR No. 21-2021 dated 03 December 2021, which provides that: "SECTION 5. Value-added Tax (VAT) zero-rating and exemption.

How long is PEZA registration valid? ›

PEZA. The Permit to Locate issued by the Authority shall be valid only for one (I) year and renewable every year or until termination of business in the economic zone. Non-PEZA enterprise with expiring Permit to Locate shall seek renewal thirty (30) days before the date of expiration.

What is the minimum area requirement for the company to get approval for special economic zone? ›

A SEZ or FTWZ other than a SEZ for IT/ITES, Biotech or Health (other than hospital) service, shall have a contiguous land area of 50 hectares or more.

What is tax incentives in Philippines? ›

These incentives include tax holidays, tax exemptions, tax credits, and tax and duty-free importation of capital equipment. To be eligible for tax incentives from PEZA, foreign companies are required to locate their office in one of its Special Economic Zones (SEZs).

What is the purpose of economic zones? ›

Special economic zones (SEZs) are typically created in order to facilitate rapid economic growth by leveraging tax incentives to attract foreign investment and spark technological advancement.

What are the 5 facilities available in the special economic zone? ›

Solution : Facilities available in the Special Economic Zones developed by the Central and State governments: <br> (i) Special Economic Zones (SEZs) are to have world class facilities, electricity, water, roads, transport etc. <br> (ii) Government provides recreational and educational facilities.

Which country has the largest exclusive economic zone? ›

With more 3.4 million square nautical miles (4 million square miles) of ocean, the U.S. EEZ is larger than the land area of all 50 states combined and is one of the largest EEZs in the world.

Does the US have any Special Economic Zones? ›

The U.S. Exclusive Economic Zone (EEZ) extends no more than 200 nautical miles from the territorial sea baseline and is adjacent to the 12 nautical mile territorial sea of the U.S., including the Commonwealth of Puerto Rico, Guam, American Samoa, the U.S. Virgin Islands, the Commonwealth of the Northern Mariana Islands ...

Is PEZA a government agency? ›

Philippine Economic Zone Authority (PEZA), formerly known as Export Processing Zone Authority (EPZA), is a government agency in the Philippines attached to the Department of Trade and Industry created to help promote investments in the export-oriented manufacturing industry into the country by assisting investors in ...

Is PEZA exempt from withholding tax? ›

1. Economic Zone Facilities Enterprise. Special 5% Tax on Gross Income and exemption from all national and local taxes, except real property tax on land owned by developers.

Top Articles
Latest Posts
Article information

Author: Mr. See Jast

Last Updated:

Views: 6186

Rating: 4.4 / 5 (55 voted)

Reviews: 86% of readers found this page helpful

Author information

Name: Mr. See Jast

Birthday: 1999-07-30

Address: 8409 Megan Mountain, New Mathew, MT 44997-8193

Phone: +5023589614038

Job: Chief Executive

Hobby: Leather crafting, Flag Football, Candle making, Flying, Poi, Gunsmithing, Swimming

Introduction: My name is Mr. See Jast, I am a open, jolly, gorgeous, courageous, inexpensive, friendly, homely person who loves writing and wants to share my knowledge and understanding with you.