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Clarificatory Guidelines on Submission of Certificate of Entitlement to Tax Incentives

Revenue Memorandum Circular No. 37-2022 • Bureau of Internal Revenue (BIR) Issuances • Revenue Memorandum Circulars • Apr 6, 2022

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April 6, 2022 REVENUE MEMORANDUM CIRCULAR NO. 37-2022 SUBJECT : Clarificatory Guidelines on the Submission of Certificate of Entitlement to Tax Incentives Pursuant to Revenue Memorandum Circular (RMC) No. 28-2022 TO : All Internal Revenue Officials, Employees and Others Concerned This Circular is being issued to clarify the coverage of the provisions stated in RMC No. 28-2022. All registered business enterprises (RBEs) enjoying tax incentives under the transitory provisions in Section 311 of Title XIII of Republic Act No. 11534, otherwise known as Corporate Recovery and Tax Incentives for Enterprises (CREATE) Act and all business enterprises registered under the said law shall apply for a Certificate of Entitlement to Tax Incentives (CETI) with their respective Investment Promotion Agency (IPA) through the Fiscal Incentives Registration and Monitoring System (FIRMS) prior to the filing of the Annual Income Tax Return (AITR). However, RBEs already issued with a certificate of entitlement to tax incentives in a template/format previously prescribed by the IPA, such as, certificate of entitlement to income tax holiday, certificate of available incentives, certificate of registration and tax exemption, or any similar certificate, as proof of the RBE's entitlement to fiscal incentives, shall be allowed to attach the same in their AITR for taxable year 2021, in lieu of the Fiscal Incentives Review Board (FIRB)-prescribed CETI. All concerned are hereby enjoined to be guided accordingly and give this Circular a wide publicity as possible. (SGD.) CAESAR R. DULAY Commissioner of Internal Revenue

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