FIRB Administrative Order No. 001-2023 Dated January 16, 2023

This administrative order provides for the guidelines on the registration of registered business enterprises (RBEs) in the Information Technology — Business Process Management (IT-BPM) sector, providing services in line with the transitional Strategic Investment Priority Plan (SIPP), with the Board of Investments, (BOI) for purposes of adopting 100% WFH arrangements, without adversely affecting the enjoyment of their fiscal and non-fiscal incentives.

RBEs in the IT-BPM Sector shall only have until January 31, 2023 to exercise the option to register with the BOI, which shall be on per project or activity basis and not per enterprise.

The administrative order further provides the list of available incentives; the submission of reports and compliance monitoring requirements; allocation of the 5% tax on gross income earned (GIE) or special corporate income tax (SCIT); import VAT and/or customs duties exemption on the movement of capital equipment and other assets from the economic or freeport zones subject to securing of Tax Exemption Indorsement (TEI); bond-free transitory period from February 1, 2023 to March 31, 2023 for the movement of capital equipment and other assets to and from the economic or freeport zones; valuation methods of BOC for the sale, transfer, donation, or disposal of the related assets of covered RBEs; and the treatment of existing capital equipment and other assets with lost or missing documents, specific to the requirements needed for the DOF-RO's TEI.

FIRB Administrative Order No. 003-2023 Dated March 16, 2023

This amends FIRB AO No. 01-2023 in so far as the issuance of a Tax Exemption Indorsement is concerned in order to support more efficient operations of the covered RBEs in the IT-BPM sector that have registered with the BOI. The amendments pertain to matters involving application for a certificate of authority to import and movement of capital equipment and other assets from the economic or freeport zones among others.

RBEs in the IT-BPM sector in the economic or freeport zone may no longer adopt WFH arrangement beginning January 1, 2023, unless registered with the BOI not later than January 31, 2023. Only those registered with the BOI on or before January 31, 2023 may adopt a 100% WFH schedule without adverse effect on their incentives.