Transcript TIEZA IRR re TEZ - Department of Tourism
RULES AND REGULATIONS TO IMPLEMENT REPUBLIC ACT NO. 9593 ON THE DESIGNATION OF TOURISM ENTERPRISE ZONES, REGISTRATION OF TOURISM ENTERPRISES AND THE GRANT OF INCENTIVES THEREIN
Jurisdiction
The TIEZA shall have sole and exclusive jurisdiction in the establishment and designation of a Tourism Enterprise Zone (TEZ) which shall not be impliedly repealed or modified.
All permits and licenses shall be issued by TIEZA to TEZ Operators and Registered Tourism Enterprises.
Tourism Enterprise Zones
Criteria for Designation of TEZs Zone Classifications Flowchart Role of DOT A. The area is capable of being defined into one contiguous territory; B. It has historical and cultural significance, environmental beauty, or existing or potential integrated leisure facilities within its bounds or within reasonable distances from it; C. It has, or it may have, strategic access through transportation infrastructure, and reasonable connection with utilities infrastructure systems; Role of LGU
Criteria for Designation of TEZs Zone Classifications Flowchart Role of DOT Role of LGU
Tourism Enterprise Zones
D. It must be at least five (5) hectares and sufficient in size, such that it may be further utilized for bringing in new investments. Provided that, in extremely meritorious cases, an area less than five (5) hectares may be developed as a TEZ if the Board deems it sufficient for the purposes, requirements and nature of the tourism project to be undertaken therein; E. It is in a strategic location such as to stimulate the sustainable socio-economic development of neighboring communities.
F. The area must be situated where controls can easily be established to curtail illegal activities.
Criteria for Designation of TEZs Zone Classifications
Tourism Enterprise Zones
The dispersal of economic activities in the least developed areas in the countryside is encouraged. An area in any of the least developed areas identified in the annual Investment Priorities Plan (IPP) shall be given priority to be declared as a Tourism Enterprise Zone.
Flowchart Role of DOT Role of LGU
Cultural Heritage Tourism Zone
Criteria for Designation of TEZs Zone Classifications Flowchart Role of DOT Role of LGU areas that will allow the tourist to experience the places, artifacts and activities that authentically represent the stories of the people living in the area, past or present. The area may include, but will not be limited to: » Cultural landscapes; » Historic sites, areas and precincts; » Ruins, archaeological and maritime sites; » Sites associated with industrial, scientific and agricultural heritage; » Collections that house or collectively promote objects of heritage significance; » Historic places and areas, including villages, small towns, cities and parts of larger urban areas with significant cultural and heritage assets; » Museums, Art Galleries, Cultural Centers, Arts & Crafts Shops, and Antique Shops, and Cultural Sites.
Health and Wellness Tourism Zone
Criteria for Designation of TEZs Zone Classifications Flowchart Role of DOT areas that will allow visitors to avail of quality but affordable mainstream, traditional, or alternative healthcare services for treatment of illnesses and health problems in order to maintain one’s health and well-being. The area may include, but will not be limited to enterprises that are, or offer: » » » » » Medical and Allied Services; Spas; Health Farms; Counselling and Rehabilitation Services; and Traditional Filipino Touch Therapy Role of LGU
Eco-Tourism Zone
Criteria for Designation of TEZs Zone Classifications Flowchart Role of DOT areas that will allow visitors to experience a form of sustainable tourism within a given natural and/or cultural area where community participation, conservation and management of biodiversity, respect for culture and indigenous knowledge systems and practices, environmental education and ethics as well as economic benefits are fostered and pursued for the enrichment of host communities and satisfaction of visitors. The area may include, but will not be limited to: » Sites of scenic natural or rural beauty; » Areas for observing wildlife; » Spas; » Areas for low impact activities such as camping, trekking, climbing, spelunking, diving, surfing, and other similar activities; and » Sites for observing and interacting with traditional or indigenous practices in relation to the environment Role of LGU
General Leisure Tourism Zone
Criteria for Designation of TEZs Zone Classifications Flowchart Role of DOT areas that may offer recreational facilities that will have high visitor density. The area may include, but will not be limited to: » » » » » » » Golf Parks/Resorts Theme Parks and Amusement Centers Convention and Meeting Centers; Sports Complexes/Resorts Event Centers/ Resorts Department Stores/Restaurants/Shops Zoos Role of LGU
Mixed Use Tourism Zone
Criteria for Designation of TEZs Zone Classifications areas that will allow a combination of some or all of the features of the aforeaforementioned zones within one area.
Flowchart Role of DOT Role of LGU Retirement communities and facilities duly accredited by the Philippine Retirement Authority may be located in General Leisure Tourism Zones, Health and Wellness Tourism Zones and Mixed-used Tourism Zonesmentioned zones within one area.
Qualification of Applicants
Criteria for Designation of TEZs Zone Classifications Flowchart Role of DOT Role of LGU Any entity duly incorporated under the Corporation Code and other relevant laws, or any LGU or any other instrumentality of government in the pursuit of their mandate may qualify as an applicant for the designation of an area as a TEZ.
Investment Requirement
Criteria for Designation of TEZs Zone Classifications Flowchart Role of DOT Role of LGU The minimum amount of investment required to be entitled to incentives provided under the Act shall not be less than Five Million US Dollars (US
$5,000,000.00) exclusive of land acquisition
costs. Provided that, in extremely meritorious cases, an amount less than Five Million US Dollars (US $5,000,000.00) may be invested for a Cultural Heritage Tourism Zone or an Eco-Tourism Zone if the Board deems it sufficient for the purposes, requirements and nature of the tourism project to be undertaken therein
Criteria for Designation of TEZs Zone Classifications
Designation of Tourism Enterprise Zones
Proponent files application TIEZA evaluates application and pre qualification documents TIEZA issues notice to complete pre designation requirements Flowchart TIEZA Board evaluates application and evaluation report Proponent submits requirements Role of DOT Role of LGU TIEZA issues Certificate of Designation Proponent signs Designation Agreement with TIEZA signed by the COO
Criteria for Designation of TEZs Zone Classifications Incentives for TEZs Role of DOT
TIEZA Incentives Compared to other IPAs
TIEZA Income Tax Holiday
6 years, extendible for another 6 years
Net Loss Carry Over
Deduction from gross income for 6 years
Gross Income Taxation
5% GIT Rate
BOI
3-6 years -
PEZA
4 years Same as TIEZA Role of LGU
Criteria for Designation of TEZs Zone Classifications Incentives for TEZs Role of DOT Role of LGU
TIEZA Incentives Compared to other IPAs
TIEZA BOI Importations of Capital Investment and Equipment
100% exemption from all taxes and custom duties
Importation of Transportation Equipment and Spare Parts
Exemption from taxes and duties for those which are not manufactured domestically in sufficient quantity
Importation of Goods and Services
Exemption from all taxes and duties Reduction of the Rates of Duty on Capital Equipment, Spare parts and Accessories by virtue of EO 528 For spare parts, a registered enterprise with a bonded manufacturing warehouse shall be exempt from customs duties and taxes Same as TIEZA
PEZA
Tax and duty free importation of capital equipment Same as TIEZA Same as TIEZA
Criteria for Designation of TEZs Zone Classifications Incentives for TEZs Role of DOT Role of LGU
TIEZA Incentives Compared to other IPAs
TIEZA BOI Tax credit
Equivalent to all taxes paid on locally-sourced goods and services Tax credit on domestic breeding stocks and genetic materials
PEZA
VAT Zero rating on local purchases of goods and services, including land based telecommunications, electric power and water bills
Social Responsibility Incentive
Tax reduction equivalent to 50% of the cost
Employment of Foreign Nationals
Issuance of special work permits and residence of spouse and children, free importation of professional instruments and household effects Supervisory, technical or advisory positions for only 5 foreign nationals Foreign nationals should not exceed 5% of the enterprise’s workforce
Criteria for Designation of TEZs Zone Classifications Incentives for TEZs Role of DOT
TIEZA Incentives Compared to other IPAs
TIEZA Special Investor’s Resident Visa
For an investor and his dependents
Foreign Currency Transactions
Repatriation of investment, remittance of foreign exchange and foreign loans and contracts
BOI
Same as TIEZA Same as TIEZA
PEZA
Same as TIEZA Same as TIEZA Role of LGU
Criteria for Designation of TEZs Zone Classifications Incentives for TEZs Role of DOT Role of LGU
TIEZA Incentives Compared to other IPAs
TIEZA Requisition of Investment
In the event of war or national emergency and only for the duration thereof, the affected person shall be entitled to just compensation
Lease and Ownership of Land
Lands and building may be leased to foreign investors for a period not exceeding 50 years, renewable for not more than 25 years
BOI
-
PEZA
Same as TIEZA
Criteria for Designation of TEZs Zone Classifications Registered Tourism Enterprises Role of DOT
Registered Tourism Enterprises within TEZs
Any person, firm, association, partnership, corporation, or any other form of business organization may apply for registration as a tourism enterprise to avail of incentives and benefits.
Applications for registration shall comply with the applicable nationality, control and/or ownership requirements of the working capital thereof in accordance with the pertinent provisions of the Philippine Constitution, Foreign Investments Act of 1991 as amended and other relevant existing laws and regulations.
Role of LGU
Criteria for Designation of TEZs
Registered Tourism Enterprises Outside TEZs
Zone Classifications Registered Tourism Enterprises Only an existing accommodation establishment not located within a TEZ shall be entitled to claim incentives.
The enterprise may avail of a non-extendible Income Tax Holiday incentive not to exceed six (6) years from the time of completion of the expansion or upgrade Role of DOT It shall also be entitled to import capital equipment free of taxes and duties when necessary for the expansion, renovation or upgrade Role of LGU
Role of DOT Regional Offices
Criteria for Designation of TEZs Zone Classifications Flowchart Role of DOT Role of LGU -Assist potential TEZ Operators in the application process and participate in the review of the TEZ development plan -Endorsement of TEZ Designation to LGU No TEZ shall be designated without a development plan duly approved, resolution, by the LGU concerned.
by -Monitoring of a TEZ Operator’s compliance with the development plan and rules and regulations of TIEZA