Tax Alert No. 49 [Revenue Memorandum Circular No. 60-2019 dated 7 June 2019]

Clarifying the provisions of Revenue Memorandum Circular No. 9 – 2018 on the documentary requirements for the processing of the Electronic Certificate Authorizing Registration

The Commissioner of Internal Revenue (CIR) has issued Revenue Memorandum Circular (RMC) No. 60 – 2019 dated 7 June 2019 to clarify the guidelines in determining the tax treatment of transfers of real property by an Economic Zone Developer/Operator duly registered under the Philippine Economic Zone Authority (PEZA) to another PEZA entity, and the documentary requirements for the processing of Electronic Certificate Authorizing Registration (eCAR) under RMC No. 9 – 2018.

Under Section 24 of the Republic Act (RA) No. 7916, also known as the Special Economic Zone Act of 1995, as amended by RA No. 8748, PEZA-registered enterprises that avail of the 5% final tax on gross income earned from their registered activities are exempt from all national and local taxes.

RMC No. 60 – 2019 clarified that no local and national taxes, including documentary stamp tax (DST), shall be imposed on PEZA-registered entities availing of the 5% preferential tax rate on income earned from their registered activities. Moreover, sale of real properties located within an ecozone by a PEZA-registered Ecozone Developer/Operator to another PEZA entity is exempt from DST imposed under Section 196 of the Tax Code, as amended, provided that such sale is directly pursuant to their registered activities.

Accordingly, the following documents shall be required from all parties to support the tax exemption for the processing of eCAR:

1. Certified true copy of the latest PEZA Certificate of Registration of the PEZA Ecozone Developer/Operator and the parties to the transaction;
2. Certified true copy of the PEZA Registration Agreement; and
3. Certified true copy of the following PEZA certificate of available tax incentives as of the time of the transaction:
   • PEZA Form No. 00-00-01 – Certification on Entitlement of 5% Gross Income Tax; and
   • PEZA Form No. 00-03-01 – Certification on Available Incentives.

You may access the full version of the Circular through the BIR website.