Investment incentives, Eligibility, & Restrictions

The Philippine investment ecosystem is complex yet rewarding.

See the infographics below for an overview of the PH investment landscape.

Incentives Administratorthe approval/ disapproval of incentives for projects with investment capital of more than Php 1B will be under FIRB
Corporate Income Tax
For export enterprises, 4-7 years Income Tax Holiday (ITH) followed by either a 10-year Special Corporate Income Tax (SCIT) of 5% on Gross Income or a 10-year Enhanced Deductions (ED)For domestic market enterprises, 4-7 years ITH followed by a 5-year EDAdditional 2 years ITH for projects or activities located in areas recovering from armed conflict or a major disasterAdditional 3 years ITH for projects or activities relocating outside the National Capital Region20% for domestic corporations with net taxable income not exceeding PHP 5 million (~US$100,000) and total assets not exceeding PHP 100 million (~US$2 million)25% for all other domestic corporations, resident foreign corporations, and non-resident foreign corporations
Enhanced Net Operating Loss Carry-Over: The net operating loss of the registered project or activity may be carried over as deduction from gross income within the next five (5) consecutive taxable years immediately following the year of such loss.
VAT and Duties
Duty exemption on importation of capital equipment, raw materials, spare parts, or accessoriesVAT exemption on importation and VAT zero-rating on local purchasesVAT and Duties apply. VAT Exempt on on the sale of importation of capital equipment and raw materials for PPE production; all prescription drugs, medical supplies, devices, equipment, and vaccines for COVID-19; e-books; prescription drugs on cancer, mental illness, tuberculosis, and kidney-related diseases
Non-fiscal incentives
Simplified import-export procedures.Employment of foreign nationals.Special non-immigrant visas with multiple entry.Standard procedures
Infrastructure
Provided by IndustrialPark OperatorNot Provided
Investment Location
Designatedeconomic zonesAnywhere
Export requirement
To avail of the incentives for export enterprises, at least 50% of the production of non-traditional export products must be exported either through direct export or through sale to another registered export enterprise.None

Schedule of Tax Incentives

The schedule of tax incentives based on location and industry tiers is shown below.

For Exporters Market

Location/ Industry tiers

Tier I
Tier II
Tier III

National Capital Region

4 ITH + 10ED/SCIT
5 ITH + 10ED/SCIT
6 ITH + 10ED/SCIT

Metropolitan areas or areas contiguous and adjacent to the national capital region

5 ITH + 10ED/SCIT
6 ITH + 10ED/SCIT
7 ITH + 10ED/SCIT

All other areas

6 ITH + 10ED/SCIT
7 ITH + 10ED/SCIT
7 ITH + 10ED/SCIT

For Domestic Market

Location/ Industry tiers

Tier I
Tier II
Tier III

National Capital Region

4 ITH + 10ED/SCIT
5 ITH + 10ED/SCIT
6 ITH + 10ED/SCIT

Metropolitan areas or areas contiguous and adjacent to the national capital region

5 ITH + 10ED/SCIT
6 ITH + 10ED/SCIT
7 ITH + 10ED/SCIT

All other areas

6 ITH + 10ED/SCIT
7 ITH + 10ED/SCIT
7 ITH + 10ED/SCIT

List of Priority Activities

(Based on 2022 SIPP Shortlist)

Tier 1

  • Preferred activites
  • Export activites
  • Special laws
  • BARM list
See details

Tier 2

  • Green ecosystems
  • Health-related activities
  • Defense-related activites
  • Industrial value chain ga[s
  • Food security related activites
See details

Tier 3

  • Advanced digital production
  • Highly technical manufacturing and production
  • Innovation support facilites
See details

Enhanced Deductions

The Enhanced Deductions (ED) that eligible enterprises can avail of to bring down their taxable net income are as follows:

Enhanced Deductions
Power Expense

150%

Labor Expense

150%

Training Expense

150%

Research & Development

150%

Enhanced Deductions
Domestic input expense

150%

Reinvestment allowance to the manufacturing industry

150%

Depreciation allowance

150%

*The deduction shall be 200% if the activity is located in less developed areas. However, this incentive does not apply to TIEZA, SBMA, CDC, and APECO).

Limitations

The 12th Foreign Investment Negative List outlines the investment areas or activities that have foreign ownership restrictions.

Up to 100% foreign equity

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Internet businesses, meaning internet access providers that are just carriers for transmitting messages

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Teaching at higher education levels for non-professional subjects

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Training centers for short-term high-level skills outside of the formal education system

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Adjustment companies, lending companies, financing companies, and investment houses

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Wellness centers

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Retail trade enterprises with a minimum paid up capital of PHP 25,000,000

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Shipping

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Air carriers, Airports

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Railway, subways, Toll roads

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Domestic market enterprise with paid-up capital of at least US$200,000 or at least US$100,000 if employing at least 50 persons or using advanced technology

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Retail trade enterprises if the paid-up capital is at least US$2,500,000, with a minimum investment of US$830,000 for establishing a storeness

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Export enterprises if it exports at least 60% of its products or services

Up to 40% foreign equity

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Procurement of infrastructure projects

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Exploration, development and utilization of natural resources

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Ownership of private lands

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Operation of public utilities

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Educational institutions (with exceptions)

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Activities related to rice and corn except retailing

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Supply of materials, goods and commodities to government

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Operation of deep sea commercial fishing vessels

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Ownership of condominium units

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Private radio communications network

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Activities that require PNP clearance such as firearms

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Manufacture and distribution of dangerous drugs

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Sauna and steam bathhouses and massage clinics

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All forms of gambling except those with PAGCOR

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Micro and small domestic market enterprises with paid-in equity capital of less than US$200,000

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Micro and small domestic market enterprises (i) that involve advance technology as determined by DOST, (ii) are endorsed as startup or startup enablers by DTI, DICT, or DOST, (iii) with a majority of direct employees as Filipinos and not less than fifteen Filipino employees, with paid-in equity capital of US$100,000

Up to 30% foreign equity

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Advertising

Up to 25% foreign equity

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Private recruitment

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Contracts for the construction of defense-related structures

Up to 25% foreign equity

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Conttracts for the construction and repair of locally-funded public works, with exceptions

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Contracts for the supply of goods to government-owned or controlled corporations

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Private radio communications network`

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Exploration, development, and utilization of natural resources

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Rice and corn and the by-products thereof, except retailing

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Ownership of condominium units

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Ownership of private land

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Operation of public utilities, except power generation and the supply of electricity

No foreign equity

Protection of SMEs

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Products and ingredients requiring PNP clrearance (e.g, firearms, gunpower, etc.)

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Gambling except if covered by investment agreements with Philippine Amusement and Gaming corporation.Biological, chemical, and radiological weapons

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Products requiring Department of National Defense clearance (e.g., guns, missiles, etc.)

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Domestic market enterprises with paid-in equity capital of less than US$200,000

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Dangerous drugs

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Domestic market enterprises that involve advanced technology or employ at least 50 direct employess with paid-in equity capital of less than US$100,000

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Saunas, steam bath houses, massage clinics

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