After reading, Incentives Under Republic Act No. 7942 Or The Philippine Mining Act Of 1995, read also Quarry Permit Under Republic Act No. 7942 Or The Philippine Mining Act Of 1995
-
Contractors in mineral agreements are entitled to incentives
-
Pollution control devices acquired, constructed or installed by contractors are not subject to real property taxes
-
Contractors are entitled to their basic rights and guarantees
In our previous article, we wrote about mineral agreements. To recall, mineral agreement means a contract between the government and a contractor, involving mineral production-sharing agreement, co-production agreement, or joint venture agreement.
When a contractor enters into a mineral agreement with the government, is there an incentive?
The law says:
The contractors in mineral agreements, and financial or technical assistance agreements shall be entitled to the applicable fiscal and non-fiscal incentives as provided for under the Omnibus Investments Code of 1987 (Omnibus Code). The holders of exploration permit which grants the right to conduct exploration for all minerals in specified areas may register with the Board of Investments and be entitled to the fiscal incentives granted under the said Omnibus Code for the duration of the permits or extensions of the said permit. For mining activities, it shall always be included in the investment’s priorities plan.
For pollution control devices acquired, constructed or installed by contractors, they shall not be considered as improvements on the land or building where they are placed, and shall not be subjected to real property and other taxes or assessments. However, that payment of mine wastes and tailings fees is not exempted.
Also, for a net operating loss without the benefit of incentives incurred in any of the first ten (10) years of operations, the same may be carried over as a deduction from taxable income for the next five (5) years immediately following the year of such loss. The entire amount of the loss shall be carried over to the first of the five (5) taxable years following the loss, and any portion of such loss which exceeds the taxable income of such first year shall be deducted in like manner from the taxable income of the next remaining four (4) years.
Furthermore, in computing for taxable income, the contractor may, at his option, deduct exploration and development expenditures accumulated at cost as of the date of the prospecting or exploration and development expenditures paid or incurred during the taxable year. The total amount deductible for exploration and development expenditures shall not exceed twenty-five per centum (25%) of the net income from mining operations. The actual exploration and development expenditures minus the twenty-five per centum (25%) net income from mining shall be carried forward to the succeeding years until fully deducted.
What is net income from mining operation?
The law says:
Net income from mining operation is defined as gross income from operations less allowable deductions which are necessary or related to mining operations. Allowable deductions shall include mining, milling and marketing expenses, depreciation of properties directly used in the mining operations.
What are the basic rights and guarantees of a contractor?
The law says:
The contractor shall be entitled to the basic rights and guarantees provided in the Constitution and such other rights recognized by the government as enumerated below:
-
Repatriation of investments. The right to repatriate the entire proceeds of the liquidation of the foreign investment in the currency in which the investment was originally made and at the exchange rate prevailing at the time of repatriation.
-
Remittance of earnings. The right to remit earnings from the investment in the currency in which the foreign investment was originally made and at the exchange rate prevailing at the time of remittance.
-
Foreign loans and contracts. The right to remit at the exchange rate prevailing at the time of remittance such sums as may be necessary to meet the payments of interest and principal on foreign loans and foreign obligations arising from financial or technical assistance contracts.
-
Freedom from expropriation. The right to be free from expropriation by the Government of the property represented by investments or loans, or of the property of the enterprise except for public use or in the interest of national welfare or defense and upon payment of just compensation. In such cases, foreign investors or enterprises shall have the right to remit sums received as compensation for the expropriated property in the currency in which the investment was originally made and at the exchange rate prevailing at the time of remittance.
-
Requisition of investment. The right to be free from requisition of the property represented by the investment or of the property of the enterprises except in case of war or national emergency and only for the duration thereof. Just compensation shall be determined and paid either at the time or immediately after cessation of the state of war or national emergency. Payments received as compensation for the requisitioned property may be remitted in the currency in which the investments were originally made and at the exchange rate prevailing at the time of remittance.
-
Any confidential information supplied by the contractor pursuant to the Philippine Mining Act of 1995 and its implementing rules and regulations shall be treated as such by the Department and the Government, and during the term of the project to which it relates.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
All rights reserved.
[email-subscribers-form id=”4″]