Special InTAX: March 2021 Issue 1 | Volume 4

InTAX is an official publication of R.G. Manabat & Co.'s Tax Group

InTAX is an official publication of R.G. Manabat & Co.'s Tax Group

  • 1000
special intax

Securities and Exchange Commission

 

The Securities and Exchange Commission (SEC) issued a notice on 26 March 2021, to advise that the Company Registration and Monitoring Department (CRMD) will be implementing a limited working capacity starting Monday (29 March 2021) until Wednesday (31 March 2021). This is in view of the increasing number of CRMD employees subjected to contract tracing for COVID-19.

Meanwhile, the CRMD will continue adopting alternative work arrangements and only the following services will be available on-site:

  1. Receiving of Documents;
  2. Releasing of Certificates;
  3. Certificate Typing/Printing;
  4. Stamping of Books;
  5. Preparation of source documents; and
  6. Call Center Services

Further, the CRMD will continue to process all other applications (i.e., registration, amendment, merger and consolidation, monitoring, certifications, etc.) while on a Work From Home (WFH) arrangement.

 

Philippine Economic Zone Authority

 

The Philippine Economic Zone Authority (PEZA) issued Memorandum Circular No. 2021-024, 27 March 2021, to provide PEZA assistance to Ecozone I.T. Enterprises under Enhanced Community Quarantine  (ECQ) for the period of 29 March 2021 until 04 April 2021 and for the duration of any extension of the said period by the Office of the President.

This Memorandum Circular allows all Ecozone I.T. Enterprises located in the NCR Plus Bubble* to implement  a WFH arrangement, including arrangements for temporary operations, effective immediately without need for a Letter of Authority from PEZA, and without need to file the required PEZA Permits prior to moving out equipment from their respective PEZA-registered facilities, provided the guidelines below are complied with:

  • Within the day following its implementation of any of the above-cited courses of action, the I.T. Enterprise shall send an email-notification to its respective PEZA ZA/ZM/OIC. The said email notification must be sent by/from the email account of any of the top 3 officials of the I.T. Enterprise identified in its Ecozone Monthly Performance Reports submitted to PEZA. The email notification shall contain the following:

a.     Description of specific course of action/arrangement implemented, indicating the case of transfer of equipment from its PEZA-registered facilities, whether for WFH, or if to other sites/buildings, and the building/site name and location;

b.     Date of actual withdrawal of I.T. equipment together with a list of I.T. Equipment and necessary peripherals/assets, description (generic description only) and the number of units thereof.

The e-mail notification must be sent to the PEZA ZA/ZM/OIC each day the I.T. Enterprises move equipment and peripherals/necessary assets from the PEZA-registered facility.

  • Within seven (7) days from the withdrawal of the I.T. equipment and necessary peripherals/assets from its PEZA-registered facility, the I.T. Enterprise shall submit the following to its respective PEZA ZA/ZM/OIC:

a.     The corresponding PEZA Permit Form 8106;

b.     List of all equipment and necessary peripherals/assets brought out of its PEZA-registered facility, quantity, source, acquisition cost and book value thereof, duly certified by a responsible official/officially designated representative of the I.T. Enterprise;

c.     The corresponding bond to cover 150% of the amount of duties and/or VAT on the equipment and necessary peripherals/assets brought out of its PEZA-registered facility. 

  •  The employees assigned to work outside their base office shall be informed of their temporary work location (if other than their homes) prior to deployment thereto;
  • All employees deployed to work from home/other sites shall receive from the concerned I.T. Enterprise, the same work load, salary and benefits, including overtime and night differential compensation, among others, that they are entitled to under their existing contracts of employment in their base offices;
  • The I.T. Enterprise shall observe and comply with all applicable labor laws, rules and regulations relative to said deployed employees;
  •  The I.T. Enterprise shall be responsible and accountable for data privacy in accordance with applicable laws, rules and regulations, and shall adequately inform its deployed employees of data privacy rules and regulations while working outside their base offices;
  • The I.T. Enterprise shall comply with the applicable provisions, requirements, rules and regulations of the Telecommuting Act (R.A. No. 11165);
  • The implemented WFH operations and operations outside the PEZA-registered facility of the I.T. Enterprise shall be returned to the PEZA-registered facility of the I.T. Enterprise, or to the extent that PEZA may require to be returned to their PEZA-registered facilities, in accordance with guidelines to be issued by PEZA.
  • The I.T. Enterprise renders PEZA free from any liability or accountability for any issues that may arise in case of non-compliance by the concerned I.T. Enterprise with the requirements under this Memorandum Circular.

The concerned PEZA Administrators/Zone Managers/OIC are instructed to coordinate with their respective BOC counterparts particularly: to forward immediately to their BOC counterpart the email notifications from I.T. Enterprises sent to the respective ZAs/ZMs/OICs; and to coordinate with their BOC counterpart on the concerned I.T. Enterprises’ securing of the required Bond.

Non-compliance with the foregoing shall be a cause for PEZA to impose the applicable penalties upon the concerned I.T. Enterprise in accordance with PEZA rules and regulations.

*National Capital Region, Bulacan, Cavite, Laguna and Rizal

 

Attached are the full texts of the issuances.

2021NOTICE_Limited-Capacity-March-29-31_

Philippine Economic Zone Authority Memorandum Circular No. 2021-024

© 2022 R.G. Manabat & Co., a Philippine partnership and a member firm of the KPMG global organization of independent member firms affiliated with KPMG International Limited, a private English company limited by guarantee. All rights reserved.

 

For more detail about the structure of the KPMG global organization please visit https://home.kpmg/governance.