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Executive Order No. 19 (2017)

Executive Order No. 19 (2017)

—under Section 234 of Republic Act No. 7160 or the Local Government Code of 1991, Government-Owned or-Controlled Corporations (GOCCs) engaged in the generation and transmission of electricity enjoy a number of exemptions/privileges with respect to real property taxes, including an assessment level of 10% on all its lands, buildings, machineries and other improvements, as well as an exemption for all machinery and equipment that are actually, directly and exclusively used in the generation and tr

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Section 1

Section 1. — Reduction—and Condonation. —All liabilities for real property tax, including any special levies accruing to the Special Education Fund, for the years 2015 and 2016, on property, machinery and equipment actually and directly used by IPPs for the production of electricity under Build-Operate-Transfer and similar contracts (whether denominated Power Purchase Agreements, Energy Conversion Agreements or other contractual agreements) with GOCCs, assessed by LGUs and other entities authorized to impose real property tax, are hereby reduced to an amount equivalent to the tax due if computed based on an assessment level of fifteen percent (15%) of the fair market value of said property, machinery and equipment depreciated at the rate of two percent (2%) per annum, less any amounts already paid by the IPPs. All interests on such deficiency real property tax liabilities are also hereby condoned and the concerned IPPs are relieved from payment thereof.

Section 2

Section 2. — Application—to Future Real Property Tax Liabilities. —If any real property tax payments for 2015 and 2016 have been made by IPPs in excess of the reduced amount under Section 1 of this Order, such excess shall be applied to their real property tax for the succeeding years.

Section 3

Section 3. — Compliance—by All Government Entities. All concerned departments, agencies and instrumentalities of the government, including relevant GOCCs and LGUs, are hereby ordered to strictly comply with this Executive Order.

Section 4

Section 4. — Repealing—Clause. —Al l orders, issuances, rules and regulations or parts thereof which are inconsistent with the provisions of this Order are hereby repealed, amended or modified accordingly. ℒαwρhi৷

Section 5

Separability Clause

Section 5.

Separability Clause. —I f any provision of this Order is declared invalid or unconstitutional, the other provisions unaffected shall remain valid and subsisting.

Section 6

Effectivity—Clause

Section 6.

Effectivity—Clause. —This Order shall take effect immediately upon its publication in a newspaper of general circulation.

DONE, —in the City of Manila, this 27th Day of April, in the year of Our Lord, Two Thousand and Seventeen.

(SGD.)— RODRIGO ROA DUTERTE

By the President:

(SGD.)— SALVADOR C. MEDIALDEA Executive Secretary