These
frequently asked questions provide basic information and
guidelines on investing and doing business in the Philippines. If
you have questions which you cannot find here, please use our Free
Information Service. We would encourage you to seek our
professional advice should you need more help in pursuing your
plans.
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Are foreign investments
encouraged in the Philippines? Are there restrictions?
Almost all sectors
of the economy are now opened for participation by foreign
investors. In particular, foreign enterprises are encouraged to
locate in the numerous export processing zones where liberal tax and
other incentives are provided. The areas where foreign investors are
restricted are listed in the so-called Foreign Investment Negative
List.
What are the entry modes
a foreign company can use to do business here?
- Appointing a country distributor or
agent;
- Opening a representative
office;
- Establishing a regional
headquarters;
- Establishing a branch
office;
- Incorporating a 100%-owned local
subsidiary;
- Establishing a joint venture
company.
Each of the
above has its distinct purpose and advantages. The choice will
largely depend on the foreign company's objectives and
plans.
What are the basic
requirements a foreign company has to comply before doing
business?
A foreign company will need to find out
first if it is allowed to engage in the proposed business activity.
Are there restrictions as to extent of ownership? The foreign
company will then secure the necessary licenses and registration
certificates from the appropriate government agencies. In general,
the application starts with the Securities and Exchange Commission
(SEC) which administers the Foreign Investment Act of
1991.
How can foreign investors
be sure that that they can get their profits out of the
country?
The Philippine Constitution guarantees
the basic rights of all investors and enterprises, foreign or local.
Among these are the freedom from expropriation without just
compensation and the right to remit profits, capital gains and
dividends within the guidelines of the Bangko Sentral ng Pilipinas
(BSP), the central monetary authority.
How could you characterize the Philippine judicial system in
protecting the rights of foreign investors or in resolving disputes
with local partners?
The Philippines has an American-style
judicial system, a legacy of its commonwealth period. Foreigners can
expect reasonable and fair treatment in resolving disputes or suits
brought before the courts. They are advised to retain local
attorneys to counsel them on legal matters.
What are the income and
business taxes imposed on foreign investors or companies doing
business in the Philippines?
Generally, a domestic corporation,
whether local or foreign-owned, pays a tax rate of 32% of net
taxable income. Dividends declared by a domestic corporations to its
foreign parent are generally taxed at 32%. However, this rate may be
reduced to 15% if the country of the foreign corporation has a tax
treaty with the Philippines providing for reciprocal tax treatments
and which are designed to eliminate double taxation.
A 10% Value Added Tax (VAT) is imposed
on importation of goods and sale, exchange or lease of goods,
properties and services, subject to certain exemptions. Other
business taxes include gross receipts tax on such businesses
as life insurance, passenger carriers and utilities.
What has become the
Philippines' key strengths in the face of trade liberalization and
globalization?
The Philippines has an abundant supply
of highly trainable, English- speaking workforce which are needed in
many service- oriented and knowledge-based businesses. With these
skills, many Filipinos find good-paying jobs abroad, from seamen,
nurses, domestic helpers and skilled construction workers to IT
professionals, engineers, and accountants. The remittance of these
overseas workers constitute the largest category of foreign exchange
earnings of the country.
How are foreign companies
taking advantage of these key strengths?
Many foreign companies have put up
assembly-type operations, such as those in the electronics,
semiconductor and garment industries, to manufacture products for
the export markets. A growing number is into software development,
back-end office and administrative support, data processing and
outsourcing services. Other foreign companies are recruiting
professional and skilled workers to work on construction and
operation and maintenance projects in the Middle
East. |