New rules clarify incentives under the 2008 RE Act

FINALLY, last June 30, 2022, nearly 14 years since the passage of Republic Act (RA) 9513, or the "Renewable Energy (RE) Act of 2008," the Bureau of Internal Revenue (BIR) issued Revenue Regulation (RR) 7-2022, entitled Tax Incentives Under the Renewable Energy Act of 2008, which provides long-awaited policies and guidelines for the availment of tax incentives under the law.

Section 3 of RR 7-2022 requires RE developers and manufacturers, fabricators and suppliers of locally produced RE equipment to first secure certifications or accreditations from the Department of Energy (DoE) and register with the Board of Investments (BoI) before they can avail of any incentive. They are also required to register with the DoE through the Renewable Energy Management Bureau. It is only when the foregoing requirements are complied with that RE developers will be able to enjoy the following fiscal incentives per Section 4 of RR 7-2002: