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Learn more about Representative Office in Philippines
A Representative Office is a form of business entity in the Philippines that is set up by foreign corporations or entities to undertake non-income generating activities such as market research, feasibility studies, and promotion of their products or services. Unlike other types of business entities, Representative Offices are not allowed to conduct commercial or revenue-generating activities in the Philippines. Representative Offices are governed by the rules and regulations set by the Securities and Exchange Commission (SEC) and other government agencies. Themsi Partner’s lawyers assist you in your Company Registration and ensure the compliance of the Legal Documents required.
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Table of contents
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What is a Representative Office?
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How to set up a Representative Office in the Philippines?
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What are the benefits of establishing a Representative Office?
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What are the tax obligations in the Philippines?
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What can a Representative Office do in the Philippines?
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What are the legal requirements for Representative Office in the Philippines?
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How to choose the right location for your Representative Office?
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What is a Representative Office?
A Representative Office or Liaison Office in the Philippines is a type of business entity that is set up by a foreign company or entity to engage in non-income-generating activities, such as market research, product promotion, and feasibility studies. It is not allowed to engage in any commercial or revenue-generating activities. The main purpose of a Liaison Office is to serve as a liaison between the parent company and potential customers or partners in the Philippines. Representative Offices are not required to register with the Philippine Economic Zone Authority (PEZA) or Board of Investments (BOI), but they are required to register with the Securities and Exchange Commission (SEC) and obtain the necessary permits and clearances from government agencies to operate in the country. Liaison office do not have a separate legal personality from the parent company and are not allowed to enter into contracts or engage in any transactions on behalf of the parent company.
How to set up a Representative Office in the Philippines?
Step 1. Determine eligibility
The parent company must be a foreign corporation or entity and must not engage in any income-generating activities in the Philippines.
Step 2. Secure clearances
The parent company must obtain clearance from the Philippine Economic Zone Authority (PEZA) or Board of Investments (BOI), and from other government agencies, such as the Bureau of Immigration, Department of Labor and Employment, and Department of Trade and Industry.
Step 3. Register with the Securities and Exchange Commission (SEC)
The parent company must submit the required documents, such as the application form, board resolution, and financial statements, to the SEC and pay the necessary registration fees.
Step 4. Secure permits
The Representative Office must obtain the necessary permits, such as the Mayor’s Permit and Barangay Clearance, from the local government where it will be located.
Step 5. Open a bank account
The Representative Office must open a bank account in a Philippine bank, which will serve as its depository and facilitate transactions.
Step 6. Hire staff
The Representative Office may hire local staff, subject to the rules and regulations of the Department of Labor and Employment (DOLE).
Step 7. Secure the Representative Office space
The Representative Office must secure an office space, which must be registered with the Bureau of Internal Revenue (BIR) for tax purposes.
What are the benefits of establishing a Representative Office?
Establishing a Liaison Office in the Philippines can have several benefits for foreign companies or entities, including:
1. Low setup cost: Setting up a Representative Office is less expensive than other types of business entities, such as subsidiaries or branch offices.
2. Market research and promotion: A Representative Office can conduct market research, product promotion, and feasibility studies to help the parent company make informed decisions about entering the Philippine market.
3. Brand awareness: A Representative Office can help raise brand awareness and increase the visibility of the parent company in the Philippines.
4. Business development: A Representative Office can serve as a liaison between the parent company and potential customers or partners in the Philippines, and assist in business development efforts.
5. Limited liability: A Representative Office does not have a separate legal personality from the parent company, which means that the parent company assumes all liabilities.
6. Tax benefits: A Representative Office or Liaison Office is subject to a lower tax rate than other types of business entities, and is exempt from income tax as long as it does not engage in any income-generating activities.
7. Flexibility: A Liaison Office can be set up quickly and easily, and can be closed down easily if the parent company decides not to pursue business opportunities in the Philippines.
What are the tax obligations in the Philippines?
In the Philippines, individuals and businesses are required to pay different types of taxes, which include:
➤ Income Tax: This is a tax on the income of individuals and businesses. The tax rate for individuals ranges from 0% to 35%, while the tax rate for corporations is a flat rate of 30% of their net income. |
➤ Value-Added Tax (VAT): This is a tax on the sale of goods and services. The VAT rate is 12%, but there are exemptions for certain products and services. |
➤ Withholding Tax: This is a tax on income that is withheld by the payor (usually the employer) and remitted to the government on behalf of the payee. The rate of withholding tax varies depending on the type of income, and the status of the recipient. |
➤ Documentary Stamp Tax (DST): This is a tax on documents, instruments, loan agreements, and other transactions. The rate of DST varies depending on the type of document or transaction. |
➤ Excise Tax: This is a tax on certain products, such as alcohol, tobacco, and petroleum products. |
➤ Real Property Tax: This is a tax on real property, such as land and buildings. The tax rate varies depending on the location of the property. |
➤ Local Business Tax:This is a tax on businesses that are operating within a certain local government unit. |