Board of Investments (BOI)

The Board of Investments (BOI), an agency under the Department of Trade and Industry (DTI), is the lead investments promotion agency of the Philippines. As such, it is at the forefront of the government’s efforts to attract direct investments into the country to contribute to economic growth and jobs creation, to help uplift the general economic welfare of the Filipinos.

The agency is designed to promote inward investments and assist local and foreign investors in their venture of the desirable areas of business, defined in the annually-prepared Investment Priorities Plan (IPP).

The BOI is mandated through the Omnibus Investments Code (Executive Order No. 226) to encourage investments through tax exemption and other benefits in preferred areas of economic activity specified by the BOI in the IPP.

The IPP, formulated annually by the BOI through an inter-agency committee, with the approval of the President, lists the priority activities for investments, containing specific activities that can qualify for incentives.

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Qualifications

A Filipino enterprise can register their activity with the BOI if their project is listed as a preferred project in the current IPP. Said enterprise may engage in domestic–oriented activities listed in the IPP whether classified as pioneer or non-pioneer.

An activity which is not listed may also be entitled to incentives if the following conditions are met:

• At least 50% of the production is for export (for 60% Filipino and 40% foreign-owned enterprises); or
• At least 70% of production is for export (for more than 40% foreign–owned enterprises)

Foreign-owned firms or those whose foreign investment exceeds 40% of the outstanding capital stock engaging in domestic-oriented activities can only be registered with BOI if they propose to engage in an activity listed or classified in the IPP as pioneer.

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Fiscal Incentives

• Income Tax Holiday (ITH): 6 years for pioneer projects, 4 years for non-pioneer projects
• Tax exemption on breeding stocks and genetic materials
• Reduced duty on importation of capital equipment
• Exemption from taxes and duties on imported spare parts
• Exemption from wharfage dues and export tax, duty, impost, and fees
• Additional deduction from taxable income
• Tax credit on domestic capital equipment
• Tax credit on duty portion of domestic breeding stocks and genetic materials
• Tax credit for taxes and duties on raw materials
• Incentives for necessary and major infrastructure and public utilities

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Non-Fiscal Incentives

• Employment of foreign nationals
• Simplification of customs procedures
• Importation of consigned equipment
• Privilege to operate a bonded manufacturing warehouse

See the full list of incentive programs provided by BOI.


Requirements:

• Accomplished Application Form 501 and Project Report;
• SEC Certificate (for corporations, partnerships, branch offices, and regional headquarters), or DTI Registration (for sole proprietorships);
• Audited Financial Statement and Income Tax Return for the past three years, if applicable; and
• Board Resolution of duly authorized company representative/signatory.

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Procedure:

• File BOI Form 501 with supporting documents and filing fee;
• Prepare Evaluation Report (including Publication of Notice of Filing of Application and plant visit);
• Present to the BOI Management Committee;
• Receive confirmation and letter advice from the BOI Governing Board regarding Board Action;
• Upon approval, send letter of approval and comply with pre-registration requirements;
• Pay registration fee; and
• Secure Certificate of Registration.


References:
• Department of Trade and Industry, Philippines. “Incentives for Investors”. http://www.dti.gov.ph/uploads/DownloadableForms/Incentives.pdf (accessed June 21, 2014).
• Department of Trade and Industry, Philippines. “General Procedures and Application Requrements”. http://www.dti.gov.ph/uploads/DownloadableForms/procedures%20&%20application%20requirements.pdf (accessed June 21, 2014).

Metro Manila Head Office

Address: 18th Floor Salcedo Tower
169 HV Dela Costa, Salcedo Village 1227 Makati City, Philippines
Tel: +63 2 566 5240
+63 2 551 9013
+63 905 3130064
Fax: +63 2 551 8052
Email: info@tripleiconsulting.com