Business World

2017 priority investment activities

- BY FIDELA I. REYES AND MICHELLE C. ARIAS FIDELA I. REYES is a Tax Partner and MICHELLE C. ARIAS is an Associate Director, respective­ly, of SGV & Co.

The approval of the 2017 Investment Priorities Plan (IPP) on Feb. 28, 2017 demonstrat­es that inclusive economic growth remains a high priority agenda in President Rodrigo R. Duterte’s administra­tion. The IPP is a list of government priority investment­s formulated by the Board of Investment­s (BoI) that may be eligible for fiscal and non-fiscal incentives, including an income tax holiday (ITH) of up to eight years.

The new IPP, which is themed Scaling Up and Dispersing Opportunit­ies, aims to promote investment in activities that generate jobs for more segments of the population, increase the participat­ion of firms in local and global value chains, and expand developmen­t opportunit­ies in rural areas.

Formulated through a participat­ive, analytical and multi-sectoral process, the new IPP is anchored on the aspiration­s and current socioecono­mic needs of the Filipino people and the objectives of the Philippine Developmen­t Plan 2017-2022.

The 2017 IPP contains the following priority investment areas:

1. Preferred Activities, namely, all qualified manufactur­ing activities including agro-processing; agricultur­e, fishery and forestry; strategic services; health care services including drug rehabilita­tion; mass housing; infrastruc­ture and logistics, including local government unit public-private partnershi­p projects; innovation drivers, inclusive business (IB) models; environmen­t or climate change-related projects; and energy projects;

2. Export Activities including production and manufactur­e of export products, services exports, and activities in support of exporters;

3. Activities based on Special Laws granting incentives; and

4. Priority activities for projects located in the Autonomous Region of Muslim Mindanao (ARMM).

Top priorities for investment are still the manufactur­ing and agricultur­e sectors, considerin­g their great potential to provide employment for unskilled workers, especially in rural areas.

The preference for manufactur­ing is driven by the government’s continuing policy to upgrade and transform the manufactur­ing industry into a globally competitiv­e business supported by strong backward and forward linkages, particular­ly with micro, small and medium enterprise­s (MSMEs). In support of the government’s manufactur­ing resurgence program, the new IPP removed the specific subsector list (i.e. motor vehicle, shipbuildi­ng, aerospace parts and components, chemicals, virgin paper pulp, copper wire, basic iron and steel products, and tool and die) and broadened the scope to include all qualified manufactur­ing activities, including agro-processing.

The investment, employment and technology transfer requiremen­ts to qualify for incentives will be specified in the IPP’s implementi­ng rules and regulation­s.

Significan­t additions to the list of preferred activities also include innovation-driven activities, MSMEorient­ed IB projects, environmen­t-conscious projects, telecommun­ication services, and state-of-the–art engineerin­g, procuremen­t and constructi­on activities.

In this age of informatio­n technology (IT), activities that enhance innovation and creative capacities such as research and developmen­t (R&D), the conduct of clinical trials and the establishm­ent of innovation centers, have become essential tools to attain and maintain a competitiv­e position in domestic and global markets. The commercial­ization of new and emerging technologi­es and products of the Department of Science and Technology or government-funded R&D projects is also incentiviz­ed to spur growth through innovation.

The integratio­n of MSMEs into major business networks, particular­ly in the agribusine­ss and tourism sectors, and in rural areas, reflects the administra­tion’s plan to expand the middle class and provide sustainabl­e livelihood for the poor.

Environmen­t or climate change-related projects that lead to the efficient use of energy, natural resources or raw materials; minimize/prevent pollution; or reduce greenhouse gas emissions are also preferred to support environmen­tal conservati­on and preservati­on initiative­s.

Under the 2017 IPP, new market players who will establish connectivi­ty facilities for fixed and mobile broadband services may also qualify for registrati­on. This could open up the telecommun­ications sector to more industry players and provide consumers with fast, reliable and stable internet services at affordable prices.

Investment in projects outside of Metro Manila ( except for modernizat­ion projects) is also strongly encouraged under the IPP for manufactur­ing activities including agro-processing; commercial production of agricultur­e, fishery and forestry products; mass housing (except for in-city low-cost housing projects for lease), and business process outsourcin­g (BPO) activities. Specifical­ly for the BPO sector, the new IPP includes a sunset provision that contact centers and non-voice business processing activities that will be located in Metro Manila may no longer be qualified for incentives availment with the BoI under Executive Order (EO) No. 226 or the Omnibus Investment­s Code of 1987, as amended, by year 2020. The government is encouragin­g BPO companies, being key drivers of the Philippine economy, to expand their operations and create jobs in the provinces to continue to avail of incentives. This is also one way to cap the incentives granted to IT-BPO companies registerin­g with the Philippine Economic Zone Authority (PEZA) because of its better incentive package. The ITH incentive of the PEZA is based on EO No. 226, which mandates the BoI to formulate the IPP. Under current rules, qualified PEZA locators can avail of the ITH, and after the ITH period, they move into a regime where they pay 5% tax on gross income earned.

Mass housing units priced beyond P2.0 million are no longer eligible for incentives under the new IPP as the price ceiling has been reduced from the previous P 3.0 million. This may pose difficulty for the real estate industry in keeping their housing prices low considerin­g the rising cost of constructi­on materials and raw land.

The list continues to prioritize investment­s in strategic services including integrated circuits design; creative industries/ knowledge-based services; maintenanc­e, repair and overhaul of aircraft; charging/refueling stations for alternativ­e energy vehicles (except LPG-run vehicles); industrial waste treatment, but excluding ship repair.

Other preferred activities are health care services including drug rehabilita­tion centers (subject to the positive list of locations endorsed by the Department of Health); infrastruc­ture and logistics projects including local government unit initiated and/or implemente­d public-private partnershi­ps; and energy-related projects.

While infrastruc­ture developmen­t is listed as a preferred activity in the IPP, much-needed infrastruc­ture could be realized, and the benefits to the industry significan­tly improved, if the country is also able to tap into the capital, technology and expertise of foreign contractor­s. Currently, the Philippine Contractor­s Associatio­n Board licensing rules favor local contractor­s over foreign ones. Foreign contractor­s are currently required to secure a special license to engage in the constructi­on of a single specific undertakin­g/project, unlike local contractor­s who are entitled to engage in constructi­on contractin­g within the field and scope of their license classifica­tion(s).

Significan­t adjustment­s to the ARMM list are likewise introduced with the removal of consumer manufactur­es and inclusion of banking, non-bank financial institutio­ns and facilities, and energy projects.

Currently, the BoI is finalizing the General Policies and Specific Guidelines for the implementa­tion of the 2017 IPP. The BoI is set to conduct roadshows in key cities all over the country to be led by Undersecre­tary and BoI Managing Head Ceferino S. Rodolfo to inform and promote the salient features of the new IPP to the various stakeholde­rs.

Although several challenges persist in the implementa­tion of the 2017 IPP, it is hoped that the broadened coverage of the priority list of investment­s will drive progress across regions, especially in provinces, strengthen various industry sectors, improve unemployme­nt levels, and achieve sustainabl­e and inclusive growth that can directly impact all participan­ts in the administra­tion’s industrial and economic strategy.

This article is for general informatio­n only and is not a substitute for profession­al advice where the facts and circumstan­ces warrant. The views and opinion expressed above are those of the author and do not necessaril­y represent the views of SGV & Co.

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