ADVISORY FOR  NATIONALS RETURNING TO THE PHILIPPINES 

Section 105 of the Tariff and Customs Code of the Philippines, as amended by Executive Order No. 206, provides duty and tax free privileges to the following individuals who are returning to the Philippines, the extent of which depends on their particular status:

 

1.  Returning Residents. – A returning resident is a national, not necessarily from the Philippines, who has gone abroad and is now going back to the Philippines.   He must have an uninterrupted stay abroad of at least six (6) months prior to his return to the Philippines to qualify for duty and tax free privileges.

 

Personal effects and household goods used by him abroad for at least six (6) months and the dutiable value of which is not more than Ten Thousand Pesos (P10, 000.00)  are  exempt  from  duties   and  taxes.  Any amount in excess of Pl0,000.00 shall be subject to 50% duty across the board.

 

2.  Overseas Contract Workers (OCWs). – An OCW, now also commonly known as Overseas Filipino Worker or OFW, is a Filipino national who works in a foreign country under an employment contract.   He must have an      uninterrupted stay abroad of more than six (6) months to be entitled to duty and  tax  free privileges.

 

In addition to the above privileges granted to returning residents, an OCW may be allowed to bring in, duty and tax free, Ten Thousand Pesos (P10, 000.00) worth of used home appliances, subject to the following conditions:

a) One (1) item per appliance;

b)  Declaration under oath that the privilege has not been enjoyed previously during the

     calendar year;

c)  Presentation of the owner's passport is presented at the port of entry; and

d) Any amount in excess of P10,000.00 to  be subject to duty and tax.

 

3.  Former Filipino Citizens. – This refers to a Filipino national who has acquired foreign citizenship abroad.   A former Filipino citizen who is returning to settle permanently in the Philippines after a stay abroad of at least six (6) months shall be entitled to duty and tax exemption privileges.

Professional instruments and implements, tools of trade, occupation or employment, wearing apparel, domestic animals, and personal household effects shall be exempt from payment of customs duties and taxes, subject to the following conditions:  

a)    The change of residence is bonafide;

b)   The privilege of free entry was never availed of before; and

c)   The articles are brought from his former place of abode.

 

4.  Balikbayans. – This is another term for an OCW or a former Filipino citizen.  A returning resident is also a Balikbayan when he has stayed abroad for at least one (1) year.  Therefore, Balikbayans are similarly entitled to duty and tax free privileges.

 

Other Information:

l.      Family members of returning residents, OCWs and former Filipino citizens are also entitled to the above privileges provided they meet the prescribed requirements.

2.    For availment of duty and tax free privileges, they must present to the Bureau of Customs a favorable written endorsement from the Department of Finance.

3.    The goods extended duty and tax free privilege are not to be sold, bartered or traded.

4.    The goods should  not be prohibited importations.

5.    For regulated importations, they must present an appropriate endorsement from the regulatory agency concerned.

6.    Legal tender Philippine currency in excess of P5,000.00 requires the prior approval of the Bangko Sentral ng Pilipinas (BSP).

 

Motor Vehicles:

 

Brand-New Motor Vehicles

 

l. Anyone can bring in a motor vehicle provided that it is brand-new.  Under BSP Circular No. 92, dated 19 October 1995, the importation of brand-new vehicles of all types, including motorcycles, has been liberalized and thus would no longer require prior import authority (PIA).

 

2. According to the guidelines presently under consideration by the Office of the President, a motor vehicle is brand-new if the following criteria are duly satisfied:

a) The motor vehicle is of current or advance year model;

b) It has never been registered or used; and

c) It is covered by a certificate of first ownership.

 

Used Motor Vehicles    

            

l. Under Appendix l-D of BSP Circular-Letter dated 19 October 1995, the importation of used motor vehicles shall continue to be regulated and would, therefore, require prior authority to import.

 

2. Pursuant to Executive Order No. 248, the following individuals may be allowed to bring in used motor vehicles:

a)  A returning Filipino or a former Filipino citizen who has stayed abroad for more than a year; and

b)  An immigrant to the Philippines who is at least a holder of a 13 (g) visa.

 

3.  A PIA shall be required on the following vehicles:

a)  Motor vehicles that are not of current or advance year model although they are covered by  certificate of first ownership and have not been registered or used; and

b)  Used motor vehicles.

 

4.   Only one (1) unit motor vehicle (motorcycle included) shall be allowed per family.

 

5.   Physical presence of the owner at the Bureau of Customs is required.

 

6.   In the absence of the PIA, the foregoing vehicles shall be impounded by the Bureau of Customs and may only be released upon payment of the heavy penalties on top of the taxes and duties due thereon.

 

7.  The PIA may be obtained from the Bureau of Import Services (BIS), Department of Trade and Industry (DTI), upon submission of the following documents, which should be beforehand authenticated at any Philippine embassy or consulate:

a)    Proof of continuous stay abroad of at least one (l) year;

b)   Registration paper showing that the vehicle is registered abroad in the name of the returnee for at least six (6) months prior to its shipment to the Philippines; and

c)    Proof that the vehicle was acquired out of earnings abroad.

 

8.    The BIS is located at the following address: 

          Bureau of Import Services

         Welding Industries of the Philippines Bldg., 3F

         349 Sen. Gil Puyat Avenue

         Makati City, Metro Manila 

         Tel. No. 895-7466

 

 Other Information:

1. Whether brand-new or not, the motor vehicle should be lefthand drive (RA 8506). 

2. Whether brand-new or not, purchased or donated, the imported vehicle shall be subject to 40% customs duty, 10% VAT, ad valorem tax from 15% to 100% depending on its piston displacement, and other non-customs charges.  

3. Spare parts sent with the motor vehicle are taxed separately. 

4. Inquiries on taxes, duties and charges payable may be addressed to the following offices: 

a)    Valuation Center and Library

       Bureau of Customs

       South Harbor, Manila

 b)  One Stop Processing Center for Motor Vehicles

       Manila International Container Port

       North Harbor, Manila

 

Please be guided accordingly.  

 (Signed)  SUSAN   O. CASTRENCE, Consul General

                Osaka, 21 September l998