Chapter 12 Boi and Peza 1
Chapter 12 Boi and Peza 1
Chapter 12 Boi and Peza 1
Enterprises
B01 an d PEZA Registered
470
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tor as the prime mover for e
. rs the priv~t~. s_e~ is to be encouraged, with derecona'nic
4) The State c?ns1d\d private in1t1at1\vities to be generally adoptelJlation
growth. In this rega ,f business ac I 'Nher
f
and sel -reg
°
ulation 5 .
t social concern · pportive role, rather than a con, .
e
dictated by urg~nprincipally plaY a su limate and the incentives Withi Pet1tive
5) The State_ ~ha the framework, the c n Which
one, prov1d1~~ . t take place.
b siness act1v1ty is o
u e appropriate roles for local and f
th t there ar . . orei
The State recognize a ment of the Philippine economt and that it is 9n
6) ca ital to play in the develo~ to define these roles and provide the climate the
P
respons1 'b'l'ity
1 of Governmen . . for
their entry and growth. . dustrial peace is an essential element
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?) The state recognizes ?t. ~ principal responsibility of the State to en Of
mic growth and that it is sure
econo ils
that such condition preva .
. tended to stimulate the establishment and as .
8) Fiscal incent_1ves shall be e; r rise and shall terminate after a period of si st
th
initial operations of f e e:gei~rati~n or start-up of operation unless a spec~fiot
more than 10 years rom r 11c
period is otherwise stated·
The determination O f
Investment Priorities Pl preferred areas of in t
taking into account the v:~ shall be_ based on Ionv~~u~ent to b~ listed in the
along with market techni ule of s~c1al objectives a~d e clo~parat1ve ad_vantage,
' ca , and financial anal mp oymg economic criteria
yses.
The Board shall take into
1) Primarily, the eco ~ccount the following:
. . nom1c soundnes f th ..
economic internal rate of return· so e spec1f1c activity as shown by its
2) The extent of contribution of ' ..
3) Other indicators or compa t~n act1v1ty to a specific developmental goal·
4) M ra 1ve advantage- •
5) T;asured capacity as defined in Article 20·' and
•
e market and technical as e t s and ' considerations .
proposed to be included . p c of the activity
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ard of such a nature that the a .
8
. . the opinion of the ~ be readily a_nd adequately ri?'labie
involved. ,s ,n ity thereof cann rcant is exporting at least sev lea by
measured capa:ais · or, if the. apPt~e export requirement herein enty Per
Philippin; )na:,~s tot~I produc!1on, cases under such conditioniroviaed
cent (70 Yo ~ , d in meritorious determine; anator
may be re ~ce the Board may
limited incentives as .. .
. the status of a Ph1lrppme nauo
· If to attain f th d t nai
That it obligates ,tse . . thirty (30) years rom . e a _e of registr~ .as
b. defined in Article 15, w1_th~nas the Boar~ may require ta_kmg into acc~1on
or with such longer peno ject· provided, That a registered ente ~nt
the export potential of the ro erc~nt (100%) of its total productio/Pnse
which exports one hund~e m~nt· need
not comply with this require '
. a e in is one that is not within the acti 1 ..
c. That the pioneer ;~~;~~ti~n or other laws of the Philippines t; ~~s
reserved b~ . eth orporations owned and controlled by Philip . e
Philippine c1t1zens or c Pine
citizens;
The applicant is proposing to enga~e . ~n a pref~rr~d project listed or
2) authorized in the current Investment ~nont1es Plan ~1thin a reasonable time
to be fixed by the Board or, if not so l1st~d: at least fifty p~rcen~ (50%) of its
total production is for export or it is an existing_ p~odu~er w~1ch will export part .
of production under such conditions and/or limited incentives as the Board
may determine; or that the enterprise is engaged or proposing to engage in
the sale abroad of export products bought by it from one or more export
producers; or the enterprise in engaged or proposing to engage in rendering
technical, professional or other services or in exporting television and motion
P!ctures and musical recordin gs made or produced in the Philippines, either
directly or through a registered trader. ·
accounting system
profits or losses
ad: r
other than preferred ro· t pr~poses ~o engage m undertakings or activities
of
u~~~ O _,t h~s mst~lled or undertakes to install an
e~ch identify th~ investments, revenues, costs, and
separately from the aggr prte_rred proJect undertaken by the enterprise
losses of the whole enterpe~a e mveSlment, revenues, costs and profits or
~referred project if the n~e or to establish a separate corporation for each
implementation of this Cod oa rd should so requ ire to facilitate proper
e.
.. .
cert1f1cat~ of Registration
A registered enterpris
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registra tion un er the seal Of
e Under th·
is Code shall b .
th e Board of Invest e issued a certificate of
chairman and/or such oth
d designate for the p er officer or employee fmthents and the signature of its
an urpose Th . 0 e Board as 1t may e
the Board may determine and ~halles~~=1ficate shall be in such form and ~~~w:;
' among other matters:
1) The name of the registered .
2) The preferred area of . enterprise;
. t investment in h'
proposing o engage; w 1ch the registered enterprise is
3) The nature of the activity it . .
. is undertaking or .
pioneer or non-pioneer, and the re . pro~os1ng to undertake , whether
4) The other terms and conditio t
O
g 1st ered capacity of the enterprise·
virtue of the registration. ns e observed by the registered ent~rprise by
st
All regi er~d enterprises shall be granted the following incentives to the
extent engaged m a preferred area of investment"
'
1. Income Tax Holiday. -
a) For six (6) years from commercial operation for pioneer firms and four (4)
years for non-pioneer firms, new registered firms shall be fully exempt
from income .taxes l~vied by the National Government. Subject to such
guidelines as may be prescribed by the Board, the income tax exemption
will be extended for another year in each of the following cases:
i. the project meets the prescribed ratio of capital equipment to number
of workers set by the Board;
ii. utilization of indigenous raw materials at rates set by the Board;
iii. the net foreign exchange savings or earnings amount to at least
US$500,000.00 annually during the first three (3) years of operation .
474
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Expense. - For the first five
duction for Labor terprise shall be allowed an (5) Year
2. Addition~! ~~ion a registere_d ~me of fifty percent (50%) of t:dditianas
from r~gis~ m the taxable inct ·n the number of direct labor f e Wage 1
deduct1o~d~;g to the i~creme~oj~ct meets the prescribed ratio ~; Skille~
correspok'lled workers if the pkers set by the Board: Provided ihcaPita1
and_ uns \ to number of wor doubled if the activity is locat~d _at this
equipmen . shall be 1n I
additional deduct1~ndefined in Art. 40. ess
developed areas a . .
. Imported Capital Equipment. _ With·
T ax and Duty Exempt10~ _ot n of this Code, importations of machine in five
3. th effect1v1 Y rt f ry an
(S) years from e com anying spare pa s o new and expand· d
equipment and ~c
registered enterprise
i
5 II
be exempt to the extent of one hu 1ng
a toms duties and national internal reventdred
percent (100%) of e ~~s d That the importation of machinery e tax
th
payable thereon: Provi neyi~g spare parts shall comply with the folio ~nd
equipment and accompa Wing
conditions: ufactured domestically in sufficient quantity
a) They are not man bl . . , of
ble quality and at reasona e prices, -
compara onably needed and will be used exclusively by th
b) Th~yt ared reenat!rprise in the manufacture of its products, unless prioer
reg1s ere f th rt r tT ·
approval of the Board is secured . ~r te pa ~ 1~e u 11zat1on of said
•ipment in a non-registered act1v1ty o max1m1ze usage thereof or
equ
the proportionate taxes and duties· are pa1'd on th e s~ec1'f'1c equipment
and machinery being permanently used for non-registered activities;
and
c) The approval of the Board was obtained by the registered enterprise
for the importation of such machinery, equipment and spare parts.
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,aX ACred it on ~om esti c Capital
tax credit equivalent t
.
Equipment
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one hundred percent (100%) of the value of the
.-,atona I m erna revenue taxes and
ms duties that would have been waived
or the m~chine ry equipment and iu::o
sna/1be given to the new and ex pand P . e parts , had these items been imported
• · 1ng · reg·is tere d enterprise which purchases
rrachinery . equi pme nt and spare
a domestic manufacturer : Provided
That (a} Tha t the said equi pme nf arts fr~m
hinery and spare parts are reasonably
needed and will be used excl , _mac
by the registered enterprise in the
anufacture of its products unles usiv~ly
part-time utilization of said , equi ~~no~
111 approval of ~he Board is secured for the
a non-registered activity to maximize
usage ther eof; (b) that the equ ip~ ~t in
d have qualified for tax and duty-free
,rnportation und er paragraph (3) hen ~oul th
, (c) at the approval of the Board was
obtained by the registered enterpr~r~of nd
(d) that the purchase is made within
five (5) years from the date of effer~~ ·. a th tered enterprise
' ells transfers or disp oses of
th c ivrty of e Code . If thet regis d
ese mac hine ry eq ·
S · . '. u~~men an spare parts, the
provisions rn the preceding paragra Ph f or such drsposrtron shall apply.
Contractor's T .
1. Exemption from ax. - The registered enterprise shall be
exempt from the paym e t f
n ° contractor's tax, whether national or local
.
2. Simp lificationof of Cus toms Procedure · - c ustoms proce dures for the
·m orta tion . and supplies, and
1 P eqw pme nt, spare parts , raw materials
ente rpris es shal l be simplified by
exports of proc esse d products by registered
the Bure au of Customs.
476
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ntract within the purview of
er employm~nt c~ildren under twenty-one (2 1) this
. nationals und and unmarn~d c 9 of commonwealth Act Nurn Years
Fore1~~e their spousesluded by section 2 nter and reside in the Philipbered
int:;~. V.:ho are not e;~I be permitted ~of;reign nationals. Pines
o amended, s I yment of sue
6d1 ~n'ga~he period of emP o . . . os as understudies of fo .
un •n F1llpin . re1g
·se shall tra1 d technical ski 11 s and shall sub ~
d enterpn rvisory an rnit
A ~egiste~e administrative_, ~up~ the Board.
nationals in such training 0
annual reports on t·,c Materials. - The importation
nd Gene ) f of
. Breeding Stocks a . ithin ten ( 10 years rom the date
5. Exemption o\s and genetic mat_enal~ ;e enterprise shall be exempt fro111 i1:
bre~dmg sto~ commercial operation o reeding stocks and genetic rnatena1
reg1strat1~nd~ties: Provided, That/suchb~ainable locally in comparable qualify
taxes(/) not locally available and or oably needed in the registered activity·
:~d (~)
ar~ t ~asonable prices; (2) reason
approved by the Board. .
. St cks and Genetic Materials. - A tax
.
,
7. Tax Credit for Taxes and Duties on Raw Materials. - Every registered
enterprise shall enjoy a tax credit equivalent to the National Internal Revenue
taxes and Customs duties paid on the supplies, raw materials and semi-
~anufactured products used in the manufacture, processing or production of
its exp~rt products and forming part thereof, exported directly or indirectly by
the registered enterprise: Provided , however, that the taxes on the supplies,
~a~ materials and semi- manufactured products domestically purchased are
indicated as a separate item in the sales invoice .
8. Nothing herein shall be c t ·d .
fixed percentage of ons rue as to preclude the Board from setting a
duties of raw mater~;~o~ sales as the approximate tax credit for taxes and
materials in the industry. ased on an average or standard usage for such
NON-FISCAL INCENTIVES
1. Employment of foreign nationals A registered enterprise may be allowed to
employ foreign nationals in supervisory, technical or advisory positions for five
(5) years from date of registration. The position of president, general manager
and treasurer of foreign-owned registered enterprises or their equivalent shall
however not be subject to the foregoing limitations.
2. Simplification of customs procedures for the importation of equipment, spare
parts, raw materials and supplies and exports of processed products.
3. Importation of consigned equipment for a period of 10 years from date of
registration, subject to posting of a re-export bond. .
4. The privilege to operate a bonded manufacturing/trading warehouse subJect
to customs rules and regulations.
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P!EZ?l 'Rf8isterea ·
Declaration of Policios ant to translate Into practical re ..
)Olicy of the gover_n~he 1987 Constitution, namely: a11t1es
It is t11o dccl,nrd tcies and man?at~ inensable role of the private se
the tollow1ng Slnte pol0 gnizcs the ind ,sp d provides incentives to n ctor,
1) "The Statr r8 ~ nterprise, an eeded
5 prrvato e
encouraget "(Soc. 20, Art. 11) f rential use of Filipino labor, darn .
investsnt1e;: \hr1II promote the pre ~s and adopt measures that help ~stk1c
.:) The cl ( roduced goo , ae
materials and locally P Art. XII)
them competitive." (Sec. 12 , .
. . the government shall actively encoura
In pursuance of these policies, nd and balanced industrial, economic Qe,
d celerate a sou . . b t th I and
promote, induce an ac . order to provide JO s o e peop e especial!
social development of th~ country ~~eir productivity and their individual and tarn/
those in the rural are~s, mcre::e level and quality of their living condition throu~~
income, and thereby improve th e of special economic zones in suitable and
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the establishn:ent, _among ~rrys, and through measures that shall effectively
strategic locations in the cou n . . t nts
attract legitimate and productive foreign mves me .
DEFINITION OFTERMS: .
spec1a. 1 economic· zones (SEZ) - hereinafter referred
. to as the ECOZONES,
. . with
. areas
are. selected
highly developed or which. have !he _potential to be. dev~loped into agro-industnal, mdustn~I,
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
tourist/recreational centers. The ECOZONE "shall be managed and operated by the PEZA as a
SEPARATE CUSTOMS TERRITORY. The term "Customs Territory" means "the national territory
of the Philippines outside of the proclaimed boundaries of the ECOZONES except those areas
specifically declared by other laws and/or presidential proclamations to have the status of special
economic zones and/or free ports."
Industrial estate. (IE) - r~fers to a tract of land subdivided and developed according to a comprehensive
plan_under a urnfi~d continuous management and with provisions for basic infrastructure and utilities,with
?rindustries.
w,th?ut pre-built standard factory buildings and community facilities for the use of the community of
479
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Special economic zon
. . h es were grant d . .
incentives sue as under RA 7227 e. special territory various tax and duty
and. Development ~-ct of 1992" to e~therw1se known ~s the "Bases Conversion
Sub1c and Clark military reserv r hance the benefits to be derived from the
9400 to effectively extend th a ions. RA 7227 was later amended under RA
Freeport Eco~omic Zone (Clar: F~8z~e ~enefits. enjoyed in Subic to the Clark
customs territory separate and ct· r· und er this law, Clark FEZ is considered a
Thus, as opposed to importatio is ~net from the ~hilippine Customs territory.
customs territory, which are full;\~~~o and es~~bh~hments in the Philippines
importations into and establishment~ect to Ph1hp~in_e customs and tax laws,
Enterprises) enjoy special inc r . loc~ted within the Clark FEZ (FEZ
More specifically Clark FEZ e ~n iv~s, including tax and duty-free importations.
7,
the zone and a 5%0 prefer, 18~r~nses shall be entitled to the Freeport status of
. nd en mcome tax rate on its gross income in lieu of
nat1ona~ a local t~xes (Secretary of Finance and CIR vs. Ecozone Plastic
Enterpnse.s Corporation, GR No. 210588 dated Nov. 29, 2016 and RMC 38-2017
dated Apr,/ 7, 2017).
Furthermore, tax credits for exporters using local materials as inputs shall
enjoy the same benefits provided for in the Export Development Act of 1994.
480
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GROSS INCOME shall refer to Gross sales/revenues derived from business activify
within the ecozone, net of sales discounts, sales returns and allowances minus cost of
sal~s or direct ccists_but before any deduction is made for administrative, marketing,
and/or operating expenses or incidental losses during a given taxable period
selling 74-99)
(RMC
482
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erations/act1v1 1es made by
•stered ~ the separate customs
(frofl'l re9~utside o
f sales · to or · f m Cust
TM ENT o ·ses 111 supplier ro oms Territ
TA X TREA d enterprr vat R.e9- ory
·stere bY a
pEZA re9~MC 74.99). ies Made_ r rise which is subject to
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territory eatrnent of sad Enterprisegistered ente ~t real property tax:
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1. Tax p~ZA Registe_re a pEZA rfe all taxes, excte export hence, considered
to a suyer ,s reu
I o · direc ' t as
a) If th~ regime, in eated as 1n 226 (Omnibus 1nves ment Code)
special tax f Goods - tr at) under EO rated sale (0% vat) under "era
sale o le (0% v d as zero ss
o rated sa nsidere
zero rvice - co
Sale of Se "
o border doctrine terprise which is not subject to 5%
.15 a pEZA regist~r~1 t~~axes under NIRC: .
) If the Buyer . hence, subJe . d"rect export, hence, considered as
1
b special tax reg:~·s _ treated as ~~ 226 (Omnibus Investment Code)
o Sale of ~ ale (0% vat) under zero rated sale (0% vat) under "cross
zero rate s. considered as
o Sale of serv_1 ce,,-
border doctrine .
V t Exempt Supplier from Customs
I Made by a a
Tax Treatment of Sa es . d Enterprise .
2. Territory to a PEZA Reg1stere and services by a vat exempt supplier from
Sale of Goods, property . t ed enterprise is vat exempt regardless of
. tO PEZA reg1s er . t t
customs territory a . t d enterprise is subJect o axes under the
whether or not th~ ~Ez~;e~ise~~=I O
tax regime or a registered manufacturer-
0
NIRC taxes ~, enJoymbg d pdoctrine" of the vat system to the contrary
·exporter the Cross or er
notwithstanding.
all be 1TH Ex~en~ion_ year ~ay be granted if Project complies with the following criteria
nding (on~ cntenon 1~ equivalent to one 1TH extension year,), provided that the total 1TH
entitlement period shall not exceed eight (8) years:
o The average net foreign exchange earnings of the project for the first three
0 5% (3) years of operations is at least US$500,000; and
o The capital equipment to labor ratio of the project does not exceed
toms US$10,000 to 1 for the year immediately preceding the 1TH extension year
ales. being applied for 3 years 1TH for Expansion project (1TH applies to
incremental sales)
Upon expiry of the Income Tax Holiday - 5% Special Tax on Gross Income and
b) excemption from all national and local taxes. ("Gross Income" refers to gross
sales or gross revenues derived from the registered activity , net of sales
discounts, sales returns and allowances and minus cost of sales or direct costs
but before any deduction is made for administrative expenses or incidental losses
requirements
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lJ O/ tf 1' overnment imposts, fees, lice
d all 1ocal g Holiday, no exemption from nses
t of anY a~corne fax erated in the economic 2'.on/ea1
. from paym:,e un?ertaiied an~ op urposes shall not be subject for e.c<
f) ExemptionHowever, w_ eries ,ns industrral p e (3) years of operation of s to 6.
a)
or taxes. but machrn in9 or for the first thr\ed to the real estate shall llch
estate tax,. g process taxes for t not attac be
manufact:;nr~al esta!en equiprnen
payment. productro taxes. . tax.
machineries. real propertY withholdrnQ
exempt from expanded ERPRISE .
Exemption from cAfOR ENT TH (as qualified under the Nati
g) C zoNE LO Holiday' I ona1
c6NOMI e TaX 7 . EC
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TOURISM E ars of 1ncom
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· a) Four ( ) t~riorities Plan) S'¾ special Tax on Gross Income and
1nvestmen fax Holiday - "~ross Income" refers to gross sale 1.a. f
■
expiry of the ln~oma~ and 1ocal tax~s ~red activity , net of sales discountss
st
b) Uponption from all natr?n d from the regi st of sales or direct costs but befor'
exem s derive d minus co . .d t I I e
gross revenue I ances an . xpenses or inc1 en a asses during a
do:
~:1es returns a~d al for administrative e
·on is ma
any de duct, ·od) . ui ment
reri
given taxable importation of capital eqf ~oods and services, including land-
c) Tax and dui~~~~ on local purc~ases e~ and water bills ■
but_before any deduction,·s maado~ances and minus cost of sales or direct costs
dunng ::i • e ,or ad · · •
c) T r given taxable period) ministrat1ve expenses or incidental losses
ax and duty free im .
stocks, farm im I Port~tion of producti . .
machineries. Pements including spa on equipment and machineries, breeding
d) Exemption from re parts and supplies of the equipment and
e) VAT Zero Ratinexport taxes, Wharfa
based telecomm~nf" />cal PUl'Chas~~ du~s, impost and fees.
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ca ions, electric Pow 900ds and services including la nd .
er, and Water bills. '
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f) Exe~ption from pa o/'•/,n·/ / .11/,/r
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Business Permit Yment of local '-
' permit Ion th e Exercise
Certificate Fee, Sanita of profe fe_es such as Mayor's Permit
government
ECONOMIC ZONE L ry nspection Fee, and Gar~=~oen~ccupatlon/Calling, Health
6- OGISTIC ee
a) Exemption from dut" S SERVICES ENTER
to ~
or for packinl~~ and _taxes on raw mate~RISE .
registered Export Mgan~:enng_. cutting, alterin1al~, semi-finished goods for re-sale
to PEZA-registered ex actunng Enterprises f~r ~r subsequent sale to PEZA-
b) VAT Zero Rating port enterprise. ' direct export or for consignment
t on raw t .
ma enals
s orage and shippin g to be sourced for che ckl ng, packing, visual Inspection,
locally
:~~m~~:~ei~:f:;d,:~~;
s o gross sales e cornm1c Zone Develo ("G '
486
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operator .
veloper 1 m tion from all _national a~d local
ic zone oe me and e)(e ~gro-lndustnal Economic Zon taxes
. 1Econo m 1nco d bY the e
ales or gross revenues derived f
·
Agro-lndustna on Gross d owne
7.e~ Special 5% ra;rtY ta)( on .!anefers to gross: sales returns and allowances arorri
nd
except real ~~~oss income rsaleS discoun~ 'anY deduction is made for
Developer. ( d activity , net of sts bUt befor during a given taxable period) N
th~ registere f sales or direc~ cidental 1osses 1
minus cost _o e)( enses or in ases
administrative rnt of local purc~hholdinQ ta)(
VAT Zero ra I xpanded w1
• Exemption from e O erator . . 2
eveloper I P mption from all national and local t
·c zone D and exe E
b the Retirement conom1c one
• z axes
,
R tirement Econom 1 Gross income
7.f. e Special 5% Tax ontax on land owned r:ss sales or gross revenues derived from
except real propertY come" refers t~ g nts sales returns and allowances and
("Gross 1n s d1scou , . • d
Developer. f 1"ty net of sa Ie b fore any deduction 1s ma e for
the registeredf a~~~ 0 r'direct costs butl eses during a given taxable period)
minus cost o sa or incidental os
. . t· expenses I purchases
admin1stra ive .
VAT Zero rating of locad d withholding tax
Exemption from expan e
3_special Non-ln:imigra~t Visa ~ith Multiple Entry Privileges f~r the following n_on~
resident foreign nationals in a PEZA-registered Economic Zone Enter~nse.
1nvestor/s, Officers, and Employees in supervisory, technical, or advisory
positions, and their spouses and unmarried children under _twenty~one years
of age. PEZA extends Visa Facilitation Assistance to foreign nationals and
tlleir spouses and dependents.
488