Section 20Sec./Art. 20

Section 296 of the National Internal Revenue Code of 1997, as amended, is hereby further amended to read as follows:

"Section 296. Period of Availment of Incentives for Projects or Activities Approved by the Investment Promotion Agencies. - The period of availment of incentives granted by the Investment Promotion Agencies to RBEs shall be as follows:

(A) For export enterprise under the SIPP, ITH of four (4) to seven (7) years, depending on location and industry priorities as specified in this section, followed by SCIT or EDR for ten (10) years, or SCIT or EDR for a maximum period of fourteen (14) to seventeen (17) years, depending on location and industry priorities: Provided, That the application for extension of availment of incentives shall only be allowed for the same registered project or activity if such project or activity employs at least ten thousand (10,000) direct local employees and maintains the said number during its registration, even if the registered project or activity no longer complies with the conditions and qualifications set forth in the SIPP: Provided, further, That the extension of availment of incentives shall not exceed five (5) years, subject to the performance review by Investment Promotion Agency.

Notwithstanding any provision to the contrary, no ITH shall be granted to registered export enterprise that applied for extension of availment of incentives for the same project or activity.

A qualified expansion project or activity registered under this Act may quality to avail of SCIT or EDR for eight (8) years, subject to the provisions of Sections 294(B) and (C), qualifications set forth in the SIPP, and performance review by the Investment Promotion Agency: Provided, That existing registered projects or activities prior to the effectivity of Republic Act No. 11534 otherwise known as the 'Corporate Recovery and Tax Incentives for Enterprises Act', may qualify to register on or before December 31, 2024 and avail of the incentives granted under Republic Act No. 11534 for the prescribed period, subject to the criteria and conditions set forth in the SIPP.

The qualified expansion project or activity may also be entitled to duly exemption on importation, VAT exemption on importation, and VAT zero-rating on local purchases subject to the provisions of Sections 294(D) and (E), respectively.

(B) For domestic market enterprise under the SIPP, ITH for four (4) to seven (7) years followed by EDR for ten (10) years, or EDR for a maximum period of fourteen (14) to seventeen (17) years, depending on location and industry priorities: Provided, That the application for extension of availment of incentives shall be allowed for the same registered project or activity only if such project or activity employs at least ten thousand (10,000) direct local employees and maintains the said number during its registration, even if the registered project or activity no longer complies with the conditions and qualifications set forth in the SIPP: Provided, further, That the extension of availment of incentives shall not exceed five (5) years, subject to the performance review by the Investment Promotion Agency.

Notwithstanding any provision to the contrary, no ITH shall be granted to domestic market enterprises that have applied for extension of availment of incentives for the same project or activity.

A qualified expansion project or activity registered under this Act may qualify to avail of EDR for eight (8) years, subject to the provisions of Section 294(C), qualifications set forth in the SIPP and performance review by the Investment Promotion Agency or the Fiscal Incentives Review Board, as the case may be: Provided, That existing registered projects or activities prior to the effectivity of Republic Act No. 11534 may qualify to register on or before December 31, 2024 and avail of the incentives granted under Republic Act No. 11534 for the prescribed period, subject to the criteria and conditions set forth in the SIPP.

The period of availment of the foregoing income tax-based incentives shall commence from the actual start of commercial operations with the RBE availing of the tax incentives within three (3) years from the date of registration, unless otherwise provided in the SIPP and its corresponding guidelines.

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(3) Tier III activities shall include (i) research and development resulting in demonstrably significant value-added, higher productivity, improved efficiency, breakthroughs in science and health, and high-paying jobs; (ii) generation of new knowledge and intellectual property registered and/or licensed in the Philippines; (iii) commercialization of patents, industrial designs, copyrights and utility models owned or co-owned by an RBE; (iv) highly technical manufacturing; or (v) are critical to the structural transformation of the economy and require substantial catch-up efforts, including but not limited to cyber-security, artificial intelligence, and data-center facilities.

The period of availment of incentives based on the combination of both location and industry priorities, as determined in the SIPP, shall be as follows:

For exporters:

Location/Industry Tiers

Tier 1

Tier 2

Tier 3

National Capital Region

4 ITH + 10 EDR/SCIT, or 14 EDR/SCIT

5 ITH + 10 EDT/SCIT, or 15 EDR/SCIT

6 ITH + 10 EDR/SCIT, or 16 EDR/SCIT

Metropolitan areas or areas contiguous and adjacent to the National Capital Region

5 ITH + 10 EDR/SCIT, or 15 EDR/SCIT

6 ITH + 10 EDR/SCIT, or 16 EDR/SCIT

7 ITH + 10 EDR/SCIT, or 17 EDR/SCIT

All other areas

6 ITH + 10 EDR/SCIT, or 16 EDR/SCIT

7 ITH + 10 EDR/SCIT, or 17 EDR/SCIT

7 ITH + 10 EDR/SCIT, or 17 EDR/SCIT

For domestic market activities:

Location/Industry Tiers

Tier 1

Tier 2

Tier 3

National Capital Region

4 ITH + 10 EDR, or 14 EDR

5 ITH + 10 EDT, or 15 EDR

6 ITH + 10 EDR, or 16 EDR

Metropolitan areas or areas contiguous and adjacent to the National Capital Region

5 ITH + 10 EDR, or 15 EDR

6 ITH + 10 EDR, or 16 EDR

7 ITH + 10 EDR, or 17 EDR

All other areas

6 ITH + 10 EDR, or 16 EDR

7 ITH + 10 EDR, or 17 EDR

7 ITH + 10 EDR, or 17 EDR

In addition to the incentives provided in the tiers above, projects or activities of registered business enterprises located in areas covering from armed conflict or a major disaster, as determined by the Office of the President, shall be entitled to two (2) additional years of income tax-based incentives.

Projects or activities registered prior to the effectivity of this Act, or under the incentive system provided herein that shall, in the duration of their incentives, completely relocate from the National Capital Region, shall be entitled to three (3) additional years of income tax-based incentives: Provided, That the additional incentive shall commence at the completion of the relocation of operations.

RBEs may continue to avail of the VAT zero-rating on local purchases and VAT exemption on importation under Section 294(E), and duty exemption on importation under Section 294(D), for the entire registration period as an RBE, reckoned from the date of registration, if the RBEs continue to meet the terms and conditions of registration by their respective Investment Promotion Agencies ad if the RBEs maintain at least seventy percent (70%) of total annual production or output as export, sales for the immediately preceding year.

Registered domestic market enterprises may avail of duty exemption on importation from the date of registration until the expiration of the income tax-based incentives granted in this section.

After the expiration of the entitlement to VAT zero-rating on local purchases and VAT exemption on importation under this Title, registered export enterprises may avail of the VAT zero-rating on local purchases and VAT exemption on importation under Sections 106, 108, and 109 of this Code: Provided, That they comply with the requirements set forth therein."