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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.
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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. 1246Amendments 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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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...
Login to see full content
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