Further Amending Certain Provisions Of Republic Act Numbered Sixty-Four Hundred And Twenty-Six, As Amended By Presidential Decree Numbered One Thousand Thirty-Five.

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Further Amending Certain Provisions Of Republic Act Numbered Sixty-Four Hundred And Twenty-Six, As Amended By Presidential Decree Numbered One Thousand Thirty-Five.

Presidential Decree No. 1246

November 21, 1977

Case Overview and Summary

Summary of Presidential Decree No. 1246

Amendments to Republic Act No. 6426 and Presidential Decree No. 1035

• Tax Exemptions (Section 1):
- All foreign currency deposits made under Republic Act No. 6426, as amended by Presidential Decree No. 1035, and foreign currency deposits authorized under Presidential Decree No. 1034, including interest and all other income or earnings, are exempted from any and all taxes.
- This exemption applies irrespective of whether the deposits are made by residents or non-residents.
- For non-residents, the exemption applies irrespective of whether or not they are engaged in trade or business in the Philippines.

• Confidentiality of Foreign Currency Deposits (Section 2):
- All foreign currency deposits authorized under Republic Act No. 6426, as amended by Presidential Decree No. 1035, and foreign currency deposits authorized under Presidential Decree No. 1034, are declared absolutely confidential.
- Except with the written permission of the depositors, these deposits shall not be examined, inquired into, or looked into by any person, government official, bureau, office, judicial or administrative body, or private entity.
- These deposits are exempt from attachment, garnishment, or any other order or process of any court, legislative body, government agency, or administrative body.

• Vested Rights and Amendatory Enactments (Section 3):
- If a new enactment or regulation decreases the rights granted under this Decree, it shall not apply to foreign currency deposits already made or existing at the time of issuance.
- The new enactment or regulation shall only apply to foreign currency deposits made after its issuance.

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Further Amending Certain Provisions Of Republic Act Numbered Sixty-Four Hundred And Twenty-Six, As Amended By Presidential Decree Numbered One Thousand Thirty-Five.

Presidential Decree No. 1246

November 21, 1977

MALACAÑANGM a n i l a PRESIDENTIAL DECREE No. 1246 FURTHER AMENDING CERTAIN PROVISIONS OF REPUBLIC ACT NUMBERED SIXTY-FOUR HUNDRED AND TWENTY-SIX, AS AMENDED BY PRESIDENTIAL DECREE NUMBERED ONE THOUSAND THIRTY-FIVE. WHEREAS, under Republic Act No. 6426, as amended by Presidential Decree No. 1035, certain Philippine banking institutions and branches of foreign banks are authorized to accept deposits in foreign currency; WHEREAS, under the provisions of Presidential Decree No. 1034 authorizing the establishment of an offshore banking system in the Philippines, offshore banking units are also authorized to receive foreign currency deposits in certain cases; WHEREAS, in order to assure the development and speedy growth of the Foreign Currency Deposit System and the Offshore Banking System in the Philippines, certain incentives were provided for under the two Systems such as confidentiality of deposits subject to certain exceptions and tax exemptions on the interest income of depositors who are nonresidents and are not engaged in trade or business in the Philippines; WHEREAS, making absolute the protective cloak of confidentiality over such foreign currency deposits, exempting such...
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Further Amending Certain Provisions Of Republic Act Numbered Sixty-Four Hundred And Twenty-Six, As Amended By Presidential Decree Numbered One Thousand Thirty-Five.

Amends

n/a

Amended by

n/a

Tags

Executive Issuances

Presidential Decrees

foreign currency deposits

tax exemptions

confidentiality

offshore banking

economic development

vested rights

non-residents

trade or business

attachments

garnishments

amendatory enactments

MALACAÑANGM a n i l a PRESIDENTIAL DECREE No. 1246 FURTHER AMENDING CERTAIN PROVISIONS OF REPUBLIC ACT NUMBERED SIXTY-FOUR HUNDRED AND TWENTY-SIX, AS AMENDED BY PRESIDENTIAL DECREE NUMBERED ONE THOUSAND THIRTY-FIVE. WHEREAS, under Republic Act No. 6426, as amended by Presidential Decree No. 1035, certain Philippine banking institutions and branches of foreign banks are authorized to accept deposits in foreign currency; WHEREAS, under the provisions of Presidential Decree No. 1034 authorizing the establishment of an offshore banking system in the Philippines, offshore banking units are also authorized to receive foreign currency deposits in certain cases; WHEREAS, in order to assure the development and speedy growth of the Foreign Currency Deposit System and the Offshore Banking System in the Philippines, certain incentives were provided for under the two Systems such as confidentiality of deposits subject to certain exceptions and tax exemptions on the interest income of depositors who are nonresidents and are not engaged in trade or business in the Philippines; WHEREAS, making absolute the protective cloak of confidentiality over such foreign currency deposits, exempting such...
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Further Amending Certain Provisions Of Republic Act Numbered Sixty-Four Hundred And Twenty-Six, As Amended By Presidential Decree Numbered One Thousand Thirty-Five.