As mentioned in earlier statements, there are at least five areas where rules are threatened to be changed midstream: 1. 60:40 interpretation; 2. Review of the Mining law; 3. The water concessions of Manila Water and Maynilad; 4. Legal and local government unit/non­governmental organization interference in building the much­ needed infrastructure; and 5. Value­ added tax refunds, being extremely delayed and ending up in the Supreme Court (SC) -- the case of San Roque Power Corp. is a problematic example as the SC ruled "retroactively" rather than "prospectively," shortchanging many local and foreign investors.

Other issues bothering investors that government signs agreements with foreign partners after biddings and excessive screening of  technologies and then cancels contracts; this happened in the software deal to create the Bureau of Customs’ single window, and very recently in a car­plates deal entered into by the Land Transportation Office.

Lack of clarity and transparency in policy­making and in the application and interpretation of rules and regulations has been identified as a key concern in the Philippines. "Sanctity of Contracts" is still something that government agencies don’t want to understand; this attitude seriously undermines trust in the government.

A competitive tax and investment­ promotion regime ls essential. 

The impact that tax systems have on Companies is important; therefore, governments should develop tax systems which foster business investment and economic growth. Efficient tax administration can encourage the development of the private sector and the formalization of business.

Both business and government can benefit from tax systems which are simple to administer and have reasonable Compliance costs. The Philippine Department of Finance and the Bureau of Internal Revenue should support attempts by both houses of Congress to bring down the income tax level -- corporate and individual -- and increase consumption taxes for compensation.

With the creation of the Asean Economic Community (AEC) starting 2016 -- and the free movement of goods, services, investment, capital and skilled workers that it will bring -- the Philippine government should push for such changes now and not wait for potentially disruptive changes to emerge when the AEC springs to life.

Several bodies are responsible for different aspects of technical regulations and standards in the Philippines; conflicting and competing standards pose concerns to business operators. Certification procedures for some industrial products are lengthy or even redundant. There are similar concerns relating to food and drug products, particularly with regard to sanitary and phytosanitary measures and import procedures. In light of the approaching AEC standards and technical regulations have to be harmonized. Improvements in this respect would strengthen efficiency and reduce unnecessary costs and hindrances to business.

Source: www.businessmirror.com.ph