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This page features the full text of
Guidelines
for the Establishment and Operation
of
Information Technology (IT) Parks
.chanrobles virtual law library
Republic
of the Philippines
Philippine
Economic Zone Authority
Roxas
Boulevard cor. San Luis Street
Pasay
City
CERTIFICATE
OF BOARD RESOLUTION
This
is to certify that at the Board Meeting of the Philippine Economic Zone
Authority held on 06 October 1999, during which a quorum was present,
the
following resolution was approved:chanroblesvirtuallawlibrary
RESOLUTION
NO. 99-264
RESOLVED,
That the following shall be the Guidelines for the Establishment
and
Operation of Information Technology (IT) Parks:
A.
DEFINITION - Information Technology or IT is the collective term
for the various technologies involved in processing and transmitting
information
which include computing, multimedia, telecommunications,
microelectronics,
and their interdependencies. Also called “informatics” or
“telematics”, the term IT now more often refers to the
convergence
of various information-based, broadcast, and mass media communication
technologies
(NITC, 1997)
B.
LOCATION - IT Parks may be located in any suitable
location:
Provided, That in the National Capital Region (NCR) IT Parks
shall
be allowed to serve as locations only for service-type projects with no
manufacturing operations.
C.
AREA - IT parks shall have a minimum area of five (5) hectares.
D.
REGISTRABLE ACTIVITIES - IT Parks shall serve as locations for
the
following PEZA registrable activities:chanroblesvirtuallawlibrary
1.
Software development for business, e-commerce, education and
entertainment;
2.
Content development for multimedia or internet purposes;
3.
Hardware design, prototype production and related activities;
4.
Knowledge and computer-based support service activities such as, but
not
limited to, the following:chanroblesvirtuallawlibrary
-
Regional/worldwide
software support
-
Data
encoding and conversion
-
Internet
facilitation
-
Systems
integration
-
Project
implementation
-
IT
consultancy
-
Call
center
5.
Research and development services;
6.
Other related IT and computer-based services/activities as may be
identified
and approved by the PEZA Board; and
7.
Manufacturing facilities for IT Parks outside NCR.
E.
INFRASTRUCTURE REQUIREMENTS - Developers of IT Parks shall
install
sufficient insfrastrutures and utilities to ensure that IT service
exporters
shall have access to the following:chanroblesvirtuallawlibrary
1.
High-speed fiber-optic telecommunication backbone and high-speed
international
gateway facility or wide-area network (WAN);
2.
Clean, uninterrupted power supply;
3.
Computer security and building monitoring systems (e.g.,
computer
firewalls, encryption technology, fluctuation controls, etc.);
4.
IT Research and development center and educational facilities; and
5.
IT business and technology incubation centers which will provide
prospective
locators not only with ready-to-occupy physical facilities for office
and
production spaces but also services needed by IT service exporters (e.g.,
secretarial, communications, administrative and other support services).
The
IT Park may also provide facilities and services catering to the needs
of IT service exporters, and their executives and personnel, as follows:chanroblesvirtuallawlibrary
1.
Executive and staff housing/accommodations;
2.
Conference facilities, seminars/training/exhibit rooms and other
facilities
and services for business group activities;
3.
Physical fitness, health improvement, medical and sport facilities;
4.
Facilities and services for social and recreational activities; and
5.
Other facilities that complement the IT community’s educational, social
and cultural requirements.
F.
INCENTIVES FOR IT PARKS DEVELOPERS/OPERATORS
IT
Parks Developers/Operators shall qualify for availment of the following
incentives, subject to such conditions as may be prescribed by the PEZA
Board:chanroblesvirtuallawlibrary
1.
Income Tax Holidays (ITH), subject to the provisions of
Executive Order No. 226 (EO 226) and the Investment Priorities Plan
(IPP):chanroblesvirtuallawlibrary
(a)
Four (4) years for IT Parks located outside the National Capital
Region,
the Provinces of Cavite and Laguna, as provided under EO
226 and the IPP;
(b)
Six (6) years for IT Parks located in less developed areas identified
in
the IPP.
Developers/Operators
of IT Parks not entitled to the ITH may avail of the Special 5% tax on
gross income incentive in lieu of the national and local taxes;
2.
For IT Parks Developers/Operators entitled to ITH, option to waive the
ITH in favor of immediate availment of five percent (5%) gross income
tax
incentive, in lieu of all national and local taxes, except real
property
tax on land owned by developers. Otherwise, the said 5% gross
income
tax scheme shall apply after the expiration of the ITH period;
3.
Permanent resident status for foreign investors and immediate family
members
with initial investment of at least US$150,000.00, subject to such
guidelines
as may be prescribed by the PEZA Board;
4.
Employment of foreign nationals; and
5.
Simplified customs procedures.
G.
INCENTIVES FOR IT SERVICE EXPORTERS AND EXPORT PROCEDURES OF
IT-RELATED
PRODUCTS
IT
service exporters and export producers of IT-related products shall
qualify
for availment of the following incentives, subject to such conditions
as
may be prescribed by the PEZA Board:chanroblesvirtuallawlibrary
1.
Income Tax Holidays (ITH), for firms located I IT Parks for the period
as follows:chanroblesvirtuallawlibrary
-
New
registered pioneer firms - six (6) years from commercial operations
-
New
registered non-pioneer firms - four (4) years from commercial operations
-
Expanding
firms - three (3) years from commercial operations
IT
service type exporters locating in the National Capital Region may also
qualify for availment of the ITH.
2.
Exemption from all government imposts, fees, licenses and taxes.
However,
during the ITH period, the enterprise shall pay real property tax
except
on: (a) machinery owned by zone registered enterprises which are
actually
installed and operated in the park for the first 3 years of operation;
and (b) production equipment of machinery, not attached to real estate,
used directly or indirectly in the production, assembly or manufacture
of the registered product of the zone registered product enterprise;
3.
After the ITH period, the option to avail of exemption from national
and
local taxes, in lieu thereof, the enterprise shall pay a 5% tax on
gross
income earned;
4.
Exemption from duties and taxes on imported capital equipment, spare
parts,
raw materials and supplies;
5.
Exemption from wharfage dues, export tax, impost or fee;
6.
Additional deduction equivalent to 50% of training expenses, chargeable
against the 3% national government share in the 5% tax on gross income;
7.
Unrestricted use of consigned equipment;
8.
For the first five years of operation, additional deduction equivalent
to 50% of the wages paid corresponding to the increment in the number
of
direct labor for skilled and unskilled workers, subject to such
conditions
as may be prescribed by the PEZA Board;
9.
Permanent residents status for foreign investors with initial
investment
of at least US$150,000.00, subject to such guidelines as may be
prescribed
by the PEZA Board;
10.
Employment of foreign nationals;
11.
Domestic sales allowance equivalent to 30% of total export sales,
subject
to such conditions as may be prescribed by the PEZA Board;
12.
Exemption from SGS inspection; and
13.
Simplified customs procedure.
G.
INCENTIVES FOR FACILITIES/UTILITIES ENTERPRISES WITHIN THE IT PARK
Subject
to certain conditions that may be prescribed by the PEZA Board, a
facility
and/or utility enterprise within the IT Park shall be granted the
following
incentives:chanroblesvirtuallawlibrary
1.
Option to pay a special 5% tax on gross income earned, in lieu of all
national
and local taxes;
2.
Additional deduction equivalent equivalent to 50% of training expenses,
chargeable against the #% national government share in the 5% tax on
income,
subject to PEZA Board approval;
3.
Permanent residents status for foreign investors with initial
investment
of at least US$150,000.00, subject to such guidelines as may prescribed
by the PEZA Board;
4.
Employment of foreign nationals;
5.
Simplified customs procedures; and
6.
Incentives under Book 1 of EO 226 as may be determined by the PEZA
Board
in accordance with the pertinent provisions of EO 226 and the
Investment
Priorities Plan.
Should
the Developer/Operator decide to provide the utility requirements
(power,
telecommunications, water, etc.) of the IT Park, it should be required
to create a new and separate entity to handle exclusively the said
undertaking.
The said entity, upon registration with PEZA, shall be entitled to the
above-mentioned incentives.
ATTY.
B. MARC CANUTO
Corporate
Secretary
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