Maritime Industry Authority Advisory No 2017-17

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" ..

REPUBLIC OF THE PHILIPPINES "


DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS
,
MARITIME INDUSTRY AUTHORITY

14 August 2017

MARINA ADVISORY NO. 201 ~~"17


Series of 2017

TO ALL SHIPOWNERS/BAREBOAT CHARTERERS/SHIP


OPERATORS/SHIP MANAGERS WITH PHILIPPINE
REGISTERED SHIPS AND ALL CONCERNED

SUBJECT GUIDELINES FOR THE ISSUANCE j OF DEPARTMENT OF


FINANCE (OOF) ENDORSEMENT" TO AVAIL OF VAT
EXEMPTION GRANTED UNDER REPUBLIC ACT (RA) NO. 9337,
AMENDING THE NATIONAL INTERNAL REVENUE CODE OF
1997

In the interest of the service and after consultation with the Department of Finance, to
ensure that only qualified domestic ship owner/operator may avail of the incentives
granted under RA 9337, particularly the exemption from the payment of Value Added
Tax (VAT) on the sale, importation or lease of passenger or cargo vessels, including
engine, equipment and spare parts thereof for domestic or international transport
operations, the following guidelines is hereby adopted:

I. Who may avail of the incentives:

Only MARINA-accredited domestic ship owners/operators may avail of the


incentives under the RA 9337.

11. Definition of terms:

a. "Domestic Shipping" shall mean the transport of passengers or cargo, or


both, by ships duly registered and licensed under Philippine law to engage
in trade and commerce between Philippine ports and within Philippine
territorial or internal waters, for hire" or compensation, with general or
limited clientele, whether permanent, occasional or incidental, with or
without fixed routes, and done for contractual or commercial purposes.'

1 Republic Act No. 9295

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b. "Domestic Ship Operator" or "Domestic Ship Owner" may be used
interchangeably and shall mean a citizen of the Philippines, or a
commercial partnership wholly owned by Filipinos, or a corporation at least
sixty percent (60%) of the capital of which is owned by Filipinos, which is
duly authorized by the Maritime Industry Authority (MARINA) to engage in
the business or domestic shippinq."

c. "Importation" shall mean the direct purchase, lease or charter of newly


constructed or previously owned ships, or the ipurchase of ship's spare
parts from foreign sources or from registered enterprises operatinq in
special economic zones as this term is definedin Republic Act NQ. 7916
entitled, "The Special Economic Zone Act. of 19~5.3 .

d. "Special Economic Zones (SEZ)" - hereinafter referred to as the


'::COZONES, shall mean selected areas With highly developed or. which
have the potential to be developed into [agro-industrial, Industrial
tourist/recreational, commercial: banking, investment and financial centers.
An ECOZONE may contain any or all of the following: Industrial Estates
(IEs), Export Processing Zones (EPZs), Free Trade Zones, and
1"ourist/Recreational Centers."

Ill. Limitations in the availment of incentives:

VAT Exemption may be granted on the following transactions:

a. Sale, importation or lease of passenger vessels of five hundred (500)


gross tons and above and not more than fifteen I (15) years old at the time
of acquisition counted from the date of the vessel's original
commissioning;

b. Sale, importation or lease of cargo vessels of one hundred fifty (150) gross
tons and above and not more than fifteen (15) years old at the time of
acquisition counted from the date of the vessel'soriqinal commissioning;

c. Sale, importation or lease of tanker vessels of not more than ten (10)
years old; and,
I

d. Sale, importation or lease of high-speed passenger vessels of net more


than five (5) years old.

2 Republic Act No. 9295


3 Republic Act No. 9295
4 Republic Act No. 7916

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e. Sale and importation of engine, equipment and :spare parts of passenger


or cargo thereof for domestic or international transport operations

IV. Whereto file application

All applications for issuance of DOFendorsement for VAT exemption on the


on the sale, importation or lease of passenger or carqo vessels and aircraft,
including engine, equipment and spare parts thereof shall be filed with the
Domestic Shipping Service, MARINA Central Office.

v. Filing of application for OOF Endorsement and Qualification Certificate

The application for the issuance of OOF Endorsement and Qualification


Certificate shall be filed simultaneously with the application for the issuance of
Authority to Import.

VI. OOf Endorsement

Once the MARINA is satisfied with. all the requirements submitted by the
applicant and has determined that the applicant is [entitled for the incentives
under RA 9337, it shall be issued a Qualification Certificate attesting that the
applicant possesses the qualifications for availment of VAT-Exemption and
shall endorse the application with the DOF.

For information and guidance.

Date of Publication: August 17, 2017


Business Mirror"
Date of Submission to ONAR:

Page 3 0[3

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