Authorizing The Tourist Duty-Free Shops, Inc. To Establish And Operate Duty And Tax Free Shops And Requiring It To Pay Franchise Tax In Lieu Of All Other Taxes

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Authorizing The Tourist Duty-Free Shops, Inc. To Establish And Operate Duty And Tax Free Shops And Requiring It To Pay Franchise Tax In Lieu Of All Other Taxes

Presidential Decree No. 1193

September 6, 1977

Case Overview and Summary

Summary of Presidential Decree No. 1193:

Authorizes Tourist Duty-Free Shops, Inc. to establish and operate duty and tax-free shops
• Allows duty and tax-free shops in international airports, seaports, selected hotels, tourist resorts, and commercial/trading centers throughout the country. (Section 1)
• Requires establishing a Customs Bonded Warehouse in each port of entry for storage and safekeeping of imported duty and tax-free merchandise. (Section 2)
• Importations of merchandise for sale require prior approval from the Central Bank of the Philippines. (Section 3)
• Imported articles must be entered under warehousing entry and remain under customs control until sold, exported, or disposed of. (Section 4)
• Exempts Tourist Duty-Free Shops, Inc. from Section 1908 of the Tariff and Customs Code, allowing unsold goods to be exported, auctioned, or destroyed after 3 years. (Section 5)

Duty and tax-free sales are allowed to:
• Foreign embassies, legations, consular offices, international agencies, etc., without prior approval. (Section 6a)
• Passengers of international flights or sea voyages, subject to rules and regulations. (Section 6b)
• Foreign delegates, participants, and observers at government-accredited international conferences/conventions. (Section 6c)
• Airlines and shipping companies for air/sea stores for flights/voyages outside the Philippines. (Section 6d)
• Tourist Duty-Free Shops, Inc. can sell and deliver imported merchandise to authorized persons outside airports/seaports. (Section 7)

Other provisions:
• Allows duty and tax-free importation of equipment, fixtures, and materials necessary for operations. (Section 8)
• Licensed hotels and restaurants can purchase food and beverages from Tourist Duty-Free Shops, Inc., subject to Central Bank approval and payment of duties, taxes, and charges. (Section 9)
• Tourist Duty-Free Shops, Inc. shall pay 7% of annual net sales as franchise tax: 5% to the Nutrition Center of the Philippines or similar projects, and 2% to the national government, in lieu of all business and income taxes. (Section 10)
• Grants Tourist Duty-Free Shops, Inc. exclusive authority for a period of 25 years. (Section 11)

Amends

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Tags

Executive Issuances

Presidential Decrees

duty-free shops

tax-free shops

franchise tax

customs bonded warehouse

importation

foreign exchange

tourism

airports

seaports

hotels

resorts

commercial centers

embassies

legations

consular offices

international agencies

international flights

sea voyages

international conferences

airlines

shipping companies

equipment

fixtures

restaurants

Nutrition Center of the Philippines

exclusive authority

25-year period

Law

Authorizing The Tourist Duty-Free Shops, Inc. To Establish And Operate Duty And Tax Free Shops And Requiring It To Pay Franchise Tax In Lieu Of All Other Taxes

Presidential Decree No. 1193

September 6, 1977

MALACAÑANGM a n i l a PRESIDENTIAL DECREE No. 1193 AUTHORIZING THE TOURIST DUTY-FREE SHOPS, INC. TO ESTABLISH AND OPERATE DUTY AND TAX FREE SHOPS AND REQUIRING IT TO PAY FRANCHISE TAX IN LIEU OF ALL OTHER TAXES WHEREAS, duty-free stores serves as an effective resource base of accelerated tourism development in our country; WHEREAS, duty-free stores will earn for our country substantial amounts of foreign exchange which, in turn, will help accelerate our country's socio-economic development. WHEREAS, the nature of the traditional items that are scheduled in duty-free shops will not, in any way, offer competition to locally manufactured products but to the contrary, duty-free shops serve as a very effective showcase for such locally manufactured products; WHEREAS, Tourist Duty-Free Shops, Inc. has proven itself to be possessed of such financial, technical and managerial capabilities that make it a very efficient operator and manager of duty-free stores; WHEREAS, in order to stabilize and standardize the services of duty and tax free stores in qualified air and sea passenger terminals in the country, and other...
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Authorizing The Tourist Duty-Free Shops, Inc. To Establish And Operate Duty And Tax Free Shops And Requiring It To Pay Franchise Tax In Lieu Of All Other Taxes

Amends

n/a

Amended by

n/a

Tags

Executive Issuances

Presidential Decrees

duty-free shops

tax-free shops

franchise tax

customs bonded warehouse

importation

foreign exchange

tourism

airports

seaports

hotels

resorts

commercial centers

embassies

legations

consular offices

international agencies

international flights

sea voyages

international conferences

airlines

shipping companies

equipment

fixtures

restaurants

Nutrition Center of the Philippines

exclusive authority

25-year period

MALACAÑANGM a n i l a PRESIDENTIAL DECREE No. 1193 AUTHORIZING THE TOURIST DUTY-FREE SHOPS, INC. TO ESTABLISH AND OPERATE DUTY AND TAX FREE SHOPS AND REQUIRING IT TO PAY FRANCHISE TAX IN LIEU OF ALL OTHER TAXES WHEREAS, duty-free stores serves as an effective resource base of accelerated tourism development in our country; WHEREAS, duty-free stores will earn for our country substantial amounts of foreign exchange which, in turn, will help accelerate our country's socio-economic development. WHEREAS, the nature of the traditional items that are scheduled in duty-free shops will not, in any way, offer competition to locally manufactured products but to the contrary, duty-free shops serve as a very effective showcase for such locally manufactured products; WHEREAS, Tourist Duty-Free Shops, Inc. has proven itself to be possessed of such financial, technical and managerial capabilities that make it a very efficient operator and manager of duty-free stores; WHEREAS, in order to stabilize and standardize the services of duty and tax free stores in qualified air and sea passenger terminals in the country, and other...
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Authorizing The Tourist Duty-Free Shops, Inc. To Establish And Operate Duty And Tax Free Shops And Requiring It To Pay Franchise Tax In Lieu Of All Other Taxes