Summary
RMC No. 102-2022 publishes Fiscal Incentives Review Board (FIRB) Resolution No. 017-22, which authorizes a 70:30 Work-From-Home (WFH) arrangement for Registered Business Enterprises (RBEs) in the IT-BPM sector.
Key points
- The 30% limit. Employees under WFH may not exceed thirty percent (30%) of the RBE’s total workforce. The other seventy percent (70%) must work within the geographical boundaries of the ecozone or freeport zone administered by the Investment Promotion Agency where the project is registered.
- Meaning of total workforce. It means all employees directly or indirectly engaged in the registered project or activity. It excludes third-party contractors rendering janitorial, security and similar services.
- Consequence of exceeding the limit. An RBE with WFH above the thirty percent (30%) threshold cannot avail of fiscal and non-fiscal incentives for the month or months of non-compliance.
- Temporary measure. The arrangement is temporary and granted under Rule 23 of the CREATE Act Implementing Rules and Regulations, in view of Presidential Proclamation No. 1218, s.2021.
Who is affected
- Registered Business Enterprises in the Information Technology – Business Process Management (IT-BPM) sector
Deadlines and effectivity
- Valid from April 1, 2022 until September 12, 2022 only
Summary by Tax Resources PH. It is not a substitute for the full text of the issuance or professional advice.
Copies of BIR issuances are hosted here for reference. For the official version, check bir.gov.ph. Summaries by Tax Resources PH are not a substitute for the full text or professional advice.
