Asia Pacific Marketing Forum - Doing Business in The Philippines
Asia Pacific Marketing Forum - Doing Business in The Philippines
Asia Pacific Marketing Forum - Doing Business in The Philippines
COUNTRY INTRODUCTION
Southeast Asian region.
One of the largest archipelagos in the world, composed of 7,107 islands with a total land
area of approximately 300,000 square kilometers.
Presidential, representative and democratic republic with three separate and co-equal
branches of government, i.e. executive, legislative (bicameral) and judiciary.
Philippine legal system - a diversified mix of civil law influenced by Spanish law, common
law based on Anglo-American law, and customary law. Muslim legal system is also
recognized.
Two primary sources of law are statutes or statutory law and jurisprudence or case law.
Language: English for business/contracts/laws/government and Filipino (Tagalog) for
spoken communications.
Currency: Philippine peso (P or PhP)
Multi-racial and multidenominational. Predominantly Malay and Roman Catholic.
Growing and emerging market. Liberalized and deregulated free market economy.
Investment growth areas include:
Manufacturing
Business process outsourcing
Mining
Renewable energy
Pharmaceutical industry
Tourism
BUSINESS PRESENCE
Generally, no restrictions on foreign investments unless limits on foreign equity are imposed
by applicable laws, such as:
TAXATION
General:
National Internal Revenue Code of 1997 (NIRC) – general tax law administered and
implemented by Bureau of Internal Revenue.
Local Government Code – grants local government units power to tax certain activities
within their jurisdiction.
Corporate Taxation:
Domestic corporations, i.e. incorporated under laws of the Philippines – subject to tax on
worldwide taxable income (gross income less allowable deductions) at 30% corporate
income tax.
Foreign corporations subject to tax only on income derived from Philippines sources also
at 30% of taxable income, if resident, and gross income, if nonresident.
Improperly Accumulated Earnings Tax (IAET) equivalent to 10% of improperly
accumulated taxable income or profits permitted to accumulate instead of divided or
distributed to stockholders, if domestic corporation.
Minimum Corporate Income Tax (MCIT) equivalent to 2% of gross income beginning on
th
4 taxable year immediately following year in which such corporation commenced
business operations, when MCIT is greater than corporate income tax. Amount carried
forward and credited against normal income tax for three immediately succeeding taxable
years.
Domestic and resident foreign corporations are allowed to claim all business deductions
under NIRC in computing taxable net income. These deductions from gross income
include business expenses, interests, taxes, losses, bad debts, depreciation and
Withholding Tax;
Domestic corporations:
Interest from foreign currency deposits with local banks – 7.5%.
Interest from deposits and yield or any other monetary benefits from deposit substitutes
and from trust funds and similar arrangements, and royalties – 20%.
Foreign corporations:
Interest income derived by offshore banking units from foreign currency loan transactions
with residents – 10%.
Interest from deposits and yield or any other monetary benefits from deposit substitutes
and from trust funds and similar arrangements, and royalties from Philippine
sources – 20%.
Indirect Taxes:
Documentary stamp taxes levied, collected and paid for upon documents, instruments,
loan agreements, and papers, and upon assignments and transfers of obligations, rights
and property. Rates vary depending on the transaction contemplated.
Donor’s tax imposed at progressive rates from 2% to 15%. If done or beneficiary is a
stranger, the rate is 30%. Corporate donations taxes at 30%. Gifts given to government
and certain accredited institutions exempt from donor’s tax. Donor’s taxes paid to a
foreign country by a citizen or resident at the time of donation are creditable.
INVESTMENT INCENTIVES:
Incentives under the Omnibus Investments Code and administered by the Board of
Investments given to export-oriented businesses, projects in less-developed industries,
and registered with Philippine Economic Zone Authority.
Incentives include both fiscal and non-fiscal incentives such as:
Tax and duty free importation of capital equipment, machinery and accompanying
spare parts.
Tax credit on domestic capital equipment.
Income tax holiday for four (4) years for new non-pioneer firms and six (6) years for
new pioneer firms.
Additional deduction for labor expenses.
Exemption from contractor’s tax.
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Simplification of customs procedures for the importation of equipment, spare parts,
raw materials and supplies and exports of processed products.
Employment of foreign nationals.
Tax credit for taxes and duties paid on raw materials, supplies and semi-
manufactured products used in the manufacture of export products.
Access to bonded warehouse system.
Exemption from wharfage dues and any export tax, duty, impost and fees.
Unrestricted use of consigned equipment.
Tax and duty exemption of imported spare parts and supplies for export producers
with customs bonded warehouse exporting at least 70% of production.
EMPLOYMENT LAW:
General Legal Framework:
Labor Code of the Philippines is general governing law; and special laws to govern social
security, employee’s compensation and sexual harassment, disable persons, among
others.
Labor law subdivided into four parts: labor standards, labor relations, law on termination of
employment and other special laws deemed subsumed within first three classifications.
Sectoral Requirements:
Parental leave for solo parents granted to under the Solo Parents’ Welfare Act of 2000.
Leave for victims of violence against women employees and their children extended under
the Anti-Violence Against Women and Their Children Act of 2004 so that they may attend to
medical and legal concerns.
Trade Unions:
Labor laws set minimum standards of labor relations. Employers and employees left to
determine or enhance employment terms by collective bargaining and negotiations. Trade
unionism is both a constitutionally and statutorily guarded right. Employers required by
law to collectively bargain in good faith. Employees also have constitutional right to
participate in policy and decision-making processes that affect their rights.
Statutory Contributions:
Social security benefits are packaged under a Social Security Program administered by
the government. They include death, disability, sickness, maternity and old age.
PhilHealth benefits are given to Philippine Health Insurance Corporation members
(compulsory for private employees) and include inpatient hospital care, services of health
care professionals, diagnostic, laboratory and other medical examination services, use of
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surgical or medical equipment facilities, prescription drugs and biologicals among others,
and outpatient care.
Home Development Mutual Fund or the Pag-Ibig Fund is extended to all Social Security
System (SSS – private employees) and Government Service Insurance System (GSIS –
government employees) members earning P4,000 and above per month.
DISPUTE RESOLUTION
Court System:
The lower courts are courts of law and in special cases, equity, under the supervision of
the Supreme Court and these are the Court of Appeals, the Regional Trial Courts and the
Municipal Trial Courts.
Special courts for cases involving government officials known as the Sandiganbayan, and
for taxation cases known as the Court of Tax Appeals are also in place.
Parties to an action or a special proceeding are represented by counsel of their choice.
IMMIGRATION PROCEDURES
Work Permits:
Alien Employment Permit (AEP). Issued by Department of Labor and Employment
(DOLE) and a precondition to grant of pre-arranged employment visa and is co-terminus
with duration of foreigner’s employment.
Special Working Permit (SWP). For assignments not exceeding six (6) months, provided,
foreigner maintains his Temporary Visitor/Business Visa for duration of Philippine stay.
Registration of Foreigners:
All covered registered aliens are required to procure an Alien Certificate of Registration
(ACR) i-card - a microchip-based identification card. ACR i-card serves as Emigration
Clearance Certificate (ECC), Re-entry Permit (RP) and Special Return Certificate (SRC)
of foreigner upon payment of required fees.