Law on Tax Incentives in the Philippines
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Questions and Answers

The Strategic Investment Priority Plan is submitted to the ______ for approval.

President

The plan aims to grow a local pool of ______ to supply to domestic and global value chains.

enterprises

The Strategic Investment Priority Plan shall be valid for a period of ______ years.

three

All sectors considered for the plan must go through a formal ______ process.

<p>evaluation</p> Signup and view all the answers

The plan includes recommendations for types of non-fiscal support needed to create ______ jobs.

<p>high-skilled</p> Signup and view all the answers

The Strategic Investment Priority Plan aims to reduce dependence on ______.

<p>imports</p> Signup and view all the answers

Enhanced deductions in the plan serve as a form of ______ to encourage investment.

<p>incentives</p> Signup and view all the answers

The entity shall only be liable to income tax on the net gain on sale of ______.

<p>scraps</p> Signup and view all the answers

The plan includes priority projects that align with the Philippine ______ Plan.

<p>Development</p> Signup and view all the answers

The sale of scraps amounted to ______ 170,000.

<p>PHP</p> Signup and view all the answers

The regular income tax rate is ______ percent.

<p>25</p> Signup and view all the answers

Registered export enterprises can opt for a special income tax rate of ______ percent.

<p>5</p> Signup and view all the answers

The SCIT rate is based on the ______ earned.

<p>gross income</p> Signup and view all the answers

The option for special corporate income tax will be available for ______ years.

<p>ten</p> Signup and view all the answers

Deductions allowed include direct costs such as salaries, wages, and ______ expenses.

<p>labor</p> Signup and view all the answers

Depreciation of machinery, equipment, and ______ is allowed as a deduction.

<p>building</p> Signup and view all the answers

Any enterprise registered with Investment Promotion Agencies to engage in ______ activity and IT services resulting to direct exportation

<p>manufacturing</p> Signup and view all the answers

An isolated and policed area adjacent to a ______ which shall be operated and managed as a separate customs territory

<p>port</p> Signup and view all the answers

Purchases of capital goods with a useful life of more than one year acquired for an entity’s ______ of goods and services

<p>production</p> Signup and view all the answers

A special incentive providing additional special deductions to registered enterprises on specific types of ______

<p>expenses</p> Signup and view all the answers

Document serving as proof of entitlement for tax and duty free ______

<p>importation</p> Signup and view all the answers

Government entities created to grant, administer ______ and oversee operation in ecozones

<p>incentives</p> Signup and view all the answers

Plan prepared by BOI containing the priority projects, scope and coverage of ______ and industry tiers wherein investments are encouraged

<p>location</p> Signup and view all the answers

The value of investment that shall be used to carry out a registered ______

<p>project</p> Signup and view all the answers

Which of the following is not a fiscal incentive specifically identified under Title XIII of the CREATE Law? a. Income tax holiday b. Exemption from expanded withholding tax c. 5% SCIT or enhanced deductions d. VAT zero-rating on local ______

<p>purchases</p> Signup and view all the answers

The maximum ITH for domestic market enterprises is ______ years.

<p>6</p> Signup and view all the answers

The maximum years that export enterprises may avail the 5% SCIT or enhanced deductions is ______ years.

<p>10</p> Signup and view all the answers

Jackie Palubos is an employee of a pioneer PEZA enterprise. Her compensation income will be taxed at ______ due to income tax holiday.

<p>exempt</p> Signup and view all the answers

The reckoning date of the income tax holiday is ______ of registration.

<p>date of approval</p> Signup and view all the answers

A Tier II enterprise in Bulacan that started its commercial operation on June 19, 2022, will have its income tax holiday expire on ______, 2026.

<p>June 19</p> Signup and view all the answers

Income derived from unregistered activities are taxed at, except ______.

<p>5% Gross income tax</p> Signup and view all the answers

The following types of tax incentives, except one, may be granted to domestic market enterprises: a. Special Corporate Income Tax b. Enhanced Deductions c. Income Tax Holiday d. ______

<p>exemption</p> Signup and view all the answers

Stand Company started its commercial operations on June 30, 2022, registered to avail ______ incentives.

<p>tax</p> Signup and view all the answers

For the year 2028, Stand Company's gross sales for Jan-Jun amounted to ______ million.

<p>15.6</p> Signup and view all the answers

Cost of sales for the year 2028 in the second half was ______ million.

<p>7.5</p> Signup and view all the answers

An export enterprise with an expired ITH can choose to be taxed at the regular corporate tax rate with enhanced ______.

<p>deductions</p> Signup and view all the answers

A registered export enterprise had gross sales of ______ million during the year.

<p>68</p> Signup and view all the answers

Included in the regular deductions is ______ thousand for training expenses.

<p>300</p> Signup and view all the answers

A qualified enterprise began its commercial operations on April 1, ______.

<p>2019</p> Signup and view all the answers

In computing income tax payable, operating expenses amounted to ______ million for the second half of 2028.

<p>3.7</p> Signup and view all the answers

The industry of the registered project or activity shall be prioritized according to the national industrial strategy specified in the Strategic Investment Priority ______.

<p>Plan</p> Signup and view all the answers

Tier I Activities have high potential for job ______.

<p>creation</p> Signup and view all the answers

Tier II Activities produce supplies, parts and components that are ______ produced.

<p>not</p> Signup and view all the answers

Tier III Activities result in breakthroughs in science and ______.

<p>health</p> Signup and view all the answers

Preferential Taxation provides essential support for sectors that are critical to ______ development.

<p>industrial</p> Signup and view all the answers

The CREATE Law Tax Incentives are aimed at supporting the commercialization of ______.

<p>patents</p> Signup and view all the answers

Emerging sectors are critical to the structural transformation of the economy and require substantial ______ efforts.

<p>catch-up</p> Signup and view all the answers

Those provided under the 2020 Green Ecosystems Investment ______ Plan.

<p>Priorities</p> Signup and view all the answers

Flashcards

Strategic Investment Priority Plan (SIPP)

A comprehensive plan that outlines investment priorities for stimulating economic growth and development in the Philippines.

SIPP Validity and Review

The SIPP is valid for three years and reviewed every three years. This allows for adjustments based on economic changes and priorities.

SIPP & Development Plan

The plan includes priority projects that align with the overall development goals of the country.

SIPP Scope and Coverage

The SIPP specifies which industries and geographical areas are prioritized for investment.

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SIPP & Tax Deductions

The SIPP lays out the conditions for granting enhanced tax deductions to businesses.

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Industry Evaluation for SIPP Inclusion

Before inclusion in the SIPP, industries go through a rigorous evaluation to assess their potential for long-term growth, sustainability, and national benefits.

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Formal Evaluation Report

Industries must have a formal evaluation report supporting their inclusion in the Strategic Investment Priority Plan (SIPP).

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SIPP Collaboration

The SIPP is the product of collaboration between the Board of Investments, the Fiscal Incentives Review Board, other government agencies, and the private sector.

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What is an Ecozone Authority?

A government entity established to provide incentives, manage operations, and oversee activities in ecozones.

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What is the Strategic Investment Priority Plan (SIPP)?

A plan developed by the Board of Investments (BOI) outlining investment priorities across various industries and regions.

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What is the 'Value of Investment' in a Registered Project?

The amount of investment committed to implementing a project registered with a promotion agency like BOI.

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What is a 'Tax and Duty Free Importation Proof'?

A document that verifies entitlement to tax and duty-free importation.

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What is an 'Incentive Entitlement Document'?

A document proving eligibility for specific incentives offered by the government.

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What is a 'Special Economic Zone'?

An isolated area near a port, operated as a separate customs territory, allowing free import and export of goods.

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What are 'Special Deductions for Registered Enterprises?'

Additional tax deductions given to registered enterprises that incur specific types of expenses.

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Explain an 'Income Tax Holiday'.

A tax incentive that grants a holiday from income tax for a certain period to eligible businesses.

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Special Corporate Income Tax (SCIT)

A special income tax rate of 5% applied to the gross income earned by registered export enterprises. It's a substitute for all national and local taxes, available for 10 years.

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Direct Costs for SCIT Calculation

Direct costs used in calculating the 5% SCIT on gross income of registered export enterprises. This includes expenses related to production, labor, materials, and certain fixed assets.

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Direct Salaries, Wages & Labor Expenses

Salaries and labor expenses incurred in the direct production process of goods for export.

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Production Supervision Salaries

Salaries paid to personnel responsible for supervising production activities, included in SCIT direct costs.

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Raw Materials Used in Production

Raw materials used in the manufacture of products, considered a direct cost for calculating the special corporate income tax.

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Goods in Process (Intermediate Goods)

Partially finished goods in the production process, considered a direct cost for SCIT calculation.

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Finished Goods

Finished goods produced for export, included as a direct cost when computing SCIT.

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Supplies and Fuels Used in Production

Supplies and fuels consumed during the production process, included in SCIT direct cost calculation.

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What are the three tiers of industries under the Strategic Investment Priority Plan?

The Strategic Investment Priority Plan (SIPP) categorizes industries based on their potential impact on economic growth. Tier I activities have the highest potential for job creation and economic value. Tier II activities contribute to industrial development through supply chain support. Tier III activities focus on research, development, and innovation, aiming to create high-paying jobs and intellectual property.

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What are the tax incentives offered under the SIPP?

The Strategic Investment Priority Plan (SIPP) allows for preferential tax incentives for businesses that contribute to priority industries. These incentives are designed to support emerging sectors with high potential for growth.

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What are Tier I activities under the SIPP?

Tier I activities are those that generate substantial job creation and contribute significantly to the national economy. They are often found in sectors with high demand for basic goods and services.

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What are Tier II activities under the SIPP?

Tier II activities involve providing essential supplies, components, and services for industries that are critical to the national economy. They help reduce dependence on imports and support domestic manufacturing.

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What are Tier III activities under the SIPP?

Tier III activities focus on research and development (R&D), aimed at creating new knowledge, technologies, and innovation for high-paying jobs. These activities contribute significantly to the advancement of the economy.

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Why is the Strategic Investment Priority Plan important?

The Strategic Investment Priority Plan (SIPP) plays a significant role in guiding investment and economic development in the Philippines. By outlining priority sectors and offering incentives, the SIPP aims to promote sustainable and inclusive growth.

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How often is the SIPP reviewed and updated?

The SIPP is a dynamic plan that is reviewed every three years to reflect changing economic conditions and priorities. This ensures that the plan remains relevant and effective in guiding investment.

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Income Tax Holiday (ITH)

A tax incentive that allows certain businesses to have a temporary break from paying income tax.

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VAT Zero-Rating

A policy that exempts certain goods from the Value-Added Tax (VAT), encouraging local consumption and production.

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Enhanced Deductions

A form of tax incentive where businesses can deduct a certain percentage of their taxable income, providing them with financial benefits.

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Income Tax Holiday (ITH) Reckoning Date

The period during which a business is eligible for an Income Tax Holiday (ITH) is determined by the start of its commercial operation.

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ITH Maximum Duration for Domestic Enterprises

The maximum duration of an Income Tax Holiday (ITH) for businesses operating within the domestic market.

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Maximum Years for Export Enterprises Incentives

The maximum years an exporting company can enjoy benefits like SCIT or enhanced deductions. The duration is longer than for domestic market enterprises.

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Taxation of Compensation Income for PEZA Employees

Compensation income received by employees of pioneer PEZA enterprises is typically taxed at a preferential rate, often lower than the standard progressive tax rate.

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Income Tax Holiday

A period during which a business is exempt from paying income taxes. This is often offered as an incentive for companies to start operations in a specific region or sector.

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Tier-Based Tax Incentives

Different tiers categorize businesses based on their operations and location, impacting the tax incentives they can claim. These tiers may affect the duration of tax holidays, the applicable tax rates, and other benefits.

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Gross Sales

A company's gross sales represent the total revenue earned before deducting any expenses. It's the initial figure used to calculate tax liabilities.

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Cost of Sales

The direct expenses associated with manufacturing goods, including materials, labor, and other production costs. This is deducted from gross sales to arrive at the gross profit.

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Operating Expenses

Various expenses incurred by a company in running its operations, including salaries, rent, utilities, and marketing costs. These are deducted from gross profit to arrive at the net income.

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Study Notes

CREATE Law Tax Incentives

  • The Board of Investments (BOI) and Fiscal Incentives Review Board (FIRB) formulate the Strategic Investment Priority Plan (SIP).
  • The SIP is for three (3) years, subject to review and amendment every three (3) years.
  • SIP prioritizes projects in the Philippine Development Plan (PDP).
  • The SIP may include priority projects, coverage of locations and industries, and terms for enhanced deductions.
  • The SIP includes sectors needing support for long-term sustainable growth.
  • Investment Promotion Agencies (IPAs) accept applications only if listed in the SIP.
  • Projects not in the SIP are automatically disapproved.
  • BOI may adjust SIP terms, suspend or add areas.
  • FIRB grants tax incentives, but may delegate to IPAs for investment capital below fifteen billion pesos.
  • Splitting investment capital to avoid FIRB jurisdiction is not permitted.
  • Export and domestic enterprises qualifying for registration under the law.
  • Applicants must comply with all requirements.
  • Project or activity nationalization by law is permissible (Constitution requirements adhered to).
  • Income tax holidays' commencement dates depend on commercial operations and registration dates (3 years).
  • Different tiers (I, II, III) have different activity focuses (job creation, basic goods, value chain improvement).
  • Incentives only apply during registration periods.
  • Tax incentives for certain areas include additional years.
  • Tax incentives for disaster zones or relocation include additional years for certain project types..
  • Certain registered entities qualify for a six-year income tax holiday and are only liable for the net gain on sale of scrap.
  • Specific deductions for expenses include raw materials, supplies, equipment, and service supervision salaries.
  • The tax holiday period remains valid until the end of the registered period.
  • The 5% special corporate income tax rate for qualified export enterprises is available.
  • Some deductions are only available to certain companies when they are registered.
  • 5% special corporate income tax is available and can take precedence over other deductions and taxes.
  • Specific rules determine if raw materials, equipment, other expenses are tax-deductible.
  • Net operating losses can be carried over as deductions.
  • The duty exemption is for importation of capital equipment, raw materials, spare parts or accessories for qualifying activities.
  • Importation of crude oil for refining may be exempt from applicable duties and taxes under specific circumstances.
  • Non-compliance or material misrepresentation can result in incentive cancellation.
  • Registered enterprises enjoy rules for transition during the law's effectiveness, including options for continued or new incentive applications.
  • Export enterprises are explicitly defined in the text, allowing for various business operations.
  • The exercise of the right for preferential taxation and its specific conditions are crucial for eligible applicants.

Other Incentives

  • Tax incentives for the importation of petroleum products may depend on how the products are used.

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Description

This quiz covers the law and regulations regarding tax incentives in the Philippines, focusing on the Strategic Investment Priority Plan (SIP) formulated by the Board of Investments and the Fiscal Incentives Review Board. Test your knowledge on the eligibility criteria, application processes, and the importance of the SIP for sustainable growth in various sectors.

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