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Tax Alert

Implementation of the amendment on the Section 32(B)(5) of the NIRC of 1997 pursuant to R.A. No. 12066, or the CREATE MORE Act

(Revenue Regulations No. 18-2024 issued on December 18, 2024)

This Tax Alert is issued to inform all concerned on the implementation of the amendment on Section 32(B)(5) of the NIRC of 1997 pursuant to R.A. No. 12066, or the CREATE MORE Act.

In accordance with Section 32(B)(5) of the National Internal Revenue Code (NIRC), as amended by Republic Act No. 12066, also known as the CREATE MORE Act, income of any kind shall be excluded from the computation of gross income, as defined under Section 32(A) of the NIRC, and shall be exempt from income tax to the extent required by any treaty obligation binding on the Government of the Philippines. 

As amended by CREATE MORE Act, this now includes agreements entered into by the President, or their authorized representative(s), with economies and administrative regions, provided such agreements have been duly concurred in by at least two-thirds of all the members of the Senate.

As defined in the revenue regulations, economies shall refer to members of the Asia-Pacific Economic Cooperation (APEC) because the APEC cooperative process is predominantly concerned with trade and economic issues, with members engaging with one another as economic entities rather than as sovereign nations. While administrative regions are territorial units that a country is divided in, having an administration with some government functions and powers, and with its jurisdiction covering the total area inside its borders.

The President or his/her authorized representative(s) shall only negotiate with economies and administrative regions as contained in the list provided by the Department of Foreign Affairs (DFA). See Annex A for the indicative list of such economies and administrative regions. Such list shall be regularly updated and/or communicated by the DFA to the Department of Finance (DOF) and the Bureau of Internal Revenue (BIR) as the former deems necessary.

 

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RR No. 18-2024 Annex A

RR No. 18-2024 Annex A

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