RMC No. 18-2023: Publishes the full text of FIRB Administrative Order No. 001-2023 prescribing the supplemental guidelines to operationalize FIRB Resolution No. 026-22, as further extended by FIRB Resolution No. 033-22

Key points

1. Eligible RBEs and deadline. Eligible RBEs are those using the Section 311 transitory provisions of the NIRC, or registered with approved incentives under the CREATE Act on or before September 14, 2022. They had until January 31, 2023 to file a Request to Register with BOI with their IPA.
2. Not eligible. Eligible RBEs that did not exercise the option by January 31, 2023, and all RBEs registered with IPAs from September 15, 2022 onwards, may not register with BOI under FIRB Resolution Nos. 026-22 and 033-22. They are covered by Section 309 of the NIRC.
3. Registration and WFH. Registration is per project or activity, not per enterprise. Covered RBEs may adopt up to 100% WFH without adverse effect on incentives, from the date on the Official Receipt for the ₱2,250.00 fee pending the BOI-COR.
4. Certificates. The BOI-COR is the basis for remaining fiscal incentives, and the IPA’s original COR is the basis for non-fiscal incentives. The BOI-COR carries annotations on the IPA COR, and the IPA COR is annotated in turn.
5. CETI and CAI. Covered RBEs apply to the IPA for a CETI before filing the ITR and attach it to the ITR. Until the Certificate of Authority to Import is fully implemented, existing IPA and BOC control procedures apply.

Who is affected

• IT-BPM Registered Business Enterprises

Deadlines and effectivity

• Option to register with BOI until January 31, 2023
• RBEs registered with IPAs from September 15, 2022 onwards are excluded
• Eligibility cut-off for approved incentives: September 14, 2022