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Acquiring
and Using
Tax Certificates |
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| Office
of Special Concerns |
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Primer
ANNUAL
MANDATORY PRE-QUALIFICATION OF CLAIMANTS
What
is the Annual Mandatory Prequalification?
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The annual mandatory
pre-qualification being conducted by the
One-Stop Shop Inter-Agency Tax Credit
and Duty Drawback Center (CENTER) with
all its claimants is an evaluation process
designed to establish the eligibility
of each claimant to avail of the tax credits
and duty drawback claims granted under
various incentive laws. The evaluation
process also covers establishing if the
claimants or its suppliers, whether a
registered or a non-BOI registered firm,
can qualify as legitimate Transferee/Assignee
of the Tax Credit and Duty Drawback Certificates
issued by the Center.
|
What
is the legal basis for conducting the annual
mandatory pre-qualification?
| The
annual mandatory pre-qualification is being
conducted pursuant to the Executive Committee
Resolution No. 02-05-99 dated May 26, 1999. |
Who
are these claimants required to apply for the
mandatory pre-qualification?
These
are companies transacting business with
the Center under the following groups:
- Investment
Incentives Group (IIG) for BOI
registered enterprises
-
Duty Drawback Group (DDG)
-
Tax and Revenue Group (TRG)
-
Government Transactions Group
-
Export Development Act of 1994
(EDA Group)
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Further,
these companies are clustered and termed
as follows:
| BOI
Claimants - |
Those
transacting with the IIG, Government
Transactions Group and the EDA Group
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| BIR
Claimants - |
Those
transacting with the Tax Revenue Group |
| BOC
Claimants - |
Those
transacting with the Duty Drawback
Group |
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What
are these transactions that can be availed of
by the claimants?
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Claimants
who passed the pre-qualification evaluation
will be issued a pre-qualification certificate
that serves as proof of its eligibility
to transact the following transactions with
the CENTER for a period of one (1) year
from date of its issuance:
| 1. |
File
applications for tax credit and duty
drawback claims. |
| 2. |
Apply
for the issuance of a Tax Debit Memo. |
| 3. |
Apply
for the transfer and receipt of Tax
Credit and Duty Drawback Certificates,
where permitted. |
| 4. |
Apply
for the revalidation of previously
issued but unused Tax Credit Certificates
as may be required by the Center and
provided for under other existing
laws. |
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back
to top
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Requirements
What
are the requirements for pre-qualification?
| For
companies or claimants who will be
filing their claims for the first
time with the CENTER, the listed requirements
must be complied with: |
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GENERAL
REQUIREMENTS
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BOI
Claimants
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BIR
Claimants
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BOC
Claimants
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| Certified
true copies of the SEC Articles of
Incorporation and Corporate By-Laws
(for corporations) and the latest
amendments thereto, or the DTI Certificate
of Business Registration (for sole
proprietorship) |
X
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X
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X
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| Certified
true copy of the company's BOI registration
Certificate(s) including the specific
terms and conditions of said registration(s) |
X
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| Certified
xerox copy of the company's Tax Identification
Number (TIN) Card |
X
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X
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X
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| Certified
true copy of the company's VAT Registration |
X
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X
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X
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| Secretary's
Certificate filed under oath listing
the current registered shareholders
of the company, including respective
shareholdings and nationalities, as
well as its principal officers. For
publicly listed companies, only the
major shareholders will be required. |
X
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X
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X
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| Secretary's
Certificate filed under oath attesting
to the list of affiliated companies
and related business interests of
the company and its registered major
shareholders. For companies/entities
with no affiliates, a certification
attesting the same shall likewise
be submitted to the Center. |
X
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X
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X
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Secretary's
Certificate filed under oath submitting
the names of authorized representatives/signatories,
with their respective specimen signatures
to perform various transactions with
the Center such as:
- File
claims for tax credit and
duty drawback
- File
application for the issuance
of Tax Debit Memo
- File
request for TCC transfer
- Certify
documents to be submitted
to the CENTER
-
Follow-up on the status
of pending transactions
with the CENTER
-
Pick-up from the CENTER
the signed Tax Credit Certificates
and Tax Debit Memo
- Liquidation
letter for TDM issued and
approved TCC transfers
- Officers
to whom the CENTER will
address all communications
pertaining to their transactions
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X
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X
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X
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| Certified
copy of the company's Income Tax Return
filed with the Bureau of Internal
Revenue together with the Audited
Financial Statements (e.g. Auditor's
Report, Balance Sheet, Income Statement
and Notes to Financial Statements,
if applicable) for the last (4) years,
i.e. starting from the current year. |
X
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X
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X
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| List
of the company's major supplier(s),
both foreign and local, indicating
the respective raw materials supplied |
X
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| Estimated
ratio of material consumption between
imported and locally purchased raw
materials |
X
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| List
of company's major buyer(s), both
foreign and local, and an estimate
as to the ratio between export sales
and local sales |
X
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| Certification
from the Board of Investments as to
the current status of the BOI registration(s),
the tax incentives to which the claimant(s)
are entitled to under such registration(s),
the start of commercial operations
and the date of expiration of such
BOI incentives |
X
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| Clearance
from the Bureau of Customs certifying
that the claimant has no pending account/administrative
case with any of the BOC Ports |
X
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| Clearance
from the Bureau of Internal Revenue
certifying that the claimant has no
outstanding tax liability |
X
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| For
claimants who had previous tax credit
transactions with the CENTER the following
additional documents will be required: |
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General
Requirements
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BOI
Claimants
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BIR
Claimants
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BOC
Claimants
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| History
of TCC transactions with the CENTER
and Usages from 1992 to present |
X
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X
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X
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| List
of pending tax credit claims with
the CENTER as of the date of application
for pre-qualification |
X
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X
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X
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Why
are claimants required to submit these
documents?
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In
general, the above-listed documents
are primarily required not only
to facilitate establishment of claimant's
eligibility to avail of tax incentives
from the CENTER but also to familiarize
our personnel and have an understanding
of the business of the claimants.
This understanding would enable
the CENTER to further improve its
processing and evaluation process
of tax credit claims in order for
the tax credit claims be issued
within reasonable time from filing
to legitimate claimants.
Specifically,
some of these documents are required
for the following purposes:
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Requirements/Documents
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Purpose
for Requiring Submission
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| Secretary's
Certificate filed under oath submitting
the names of authorized representatives/signatories,
with their respective specimen signatures
to perform various transactions with
the Center |
This
is to protect both the CENTER and
claimants from unauthorized individuals
who are claiming to represent the
company. |
| History
of TCC transactions with the CENTER
and usages from 1992 to present |
This
is to reconcile CENTER's records against
the claimant's submitted list. Any
discrepancy noted will be confirmed
with the claimant to ensure that all
TCCs were issued to the proper beneficiary. |
Procedures
What
are the procedures for filing?
|
The
claimant's authorized representative
will present the said requirements
to the Claimant Registration and
Pre-qualification Division (CRPD)
for pre-screening. The pre-screening
would determine completeness, acceptability
and conformity of the documents
to existing policies and requirements.
The CRPD staff performing the pre-screening
will direct the claimant's authorized
representative to the CENTER's Receiving
Section for official receipt, if
such in order or complete. For submission
with noted deficiencies the CRPD
will not accept the same.
The
accepted applications will be forwarded
from the Receiving Section to the
CRPD for evaluation.
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Will
the claimants be informed on the results
of the Pre-qualification Evaluation?
|
Yes,
the claimants will receive from
the CENTER a written communication
informing them on the status of
its application. For pre-qualified
claimants, the CENTER will advise
them on the schedule date of release
of their Pre-qualification Certificate.
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What
are the features of the Pre-qualification
Certificate?
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The
pre-qualification certificate is
a proof that a claimant is authorized
to transact with the CENTER for
a period of one (1) year from date
of its issuance. This certificate
will be suspended, cancelled or
revoked in any of the following
cases:
| a.) |
Any
acts of misrepresentation committed
by the claimant in claiming
tax credits and duty drawback
claims that would result in
the cancellation of all the
Tax Credit Certificates issued. |
| b.) |
Cancellation
of the BOI Registration for
BOI registered enterprises.
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