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EDC PR 2016

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f.<br />

g.<br />

h.<br />

i.<br />

j.<br />

k.<br />

On June 29, 2011, the BOI approved the ITH registration of the 86 MW Burgos Wind Farm<br />

under the Renewable Energy Act of 2008 (RA 9513). On June 3, 2014, the Company received<br />

a legal service letter from BOI granting the upward amendment of registered capacity of the<br />

Burgos Wind Farm from 86 MW to 150 MW effective for 7-year period beginning in<br />

December 2015 or date of commissioning, whichever is earlier.<br />

On November 13, 2015, GCGI was granted with an ITH incentive by the BOI covering its<br />

112.5 MW Tongonan Geothermal Power Plant, effective for 7-year period beginning in<br />

April 2015. Only revenues derived from power generated (i.e., 36.79 MW or the capacity in<br />

excess of the 75.71 MW, whichever is lower) and sold to the grid, other entities and/or<br />

communities shall be entitled to ITH.<br />

On June 16, 2015, the Parent Company was granted with an ITH incentive by the BOI<br />

covering its 4.16 MW Burgos Solar Plant - Phase 1, effective for 7-year period beginning in<br />

December 2015.<br />

On December 3, 2015, the Parent Company was granted with an ITH incentive by the BOI<br />

covering its 2.66 MW Burgos Solar Plant - Phase 2, effective for 7-year period beginning in<br />

June 2015.<br />

On December 11, 2015, GCGI was granted with an ITH incentive by the BOI covering its<br />

192.5-MW Palinpinon Geothermal Power Plant, effective for 7-year period beginning in<br />

February 2014. Only revenues derived from power generated (i.e., 39.66 MW or the capacity<br />

in excess of the 152.84 MW, whichever is lower) and sold to the grid, other entities and/or<br />

communities shall be entitled to ITH.<br />

On December 18, 2008, the BIR issued Revenue Regulations (RR) No. 16-2008 which<br />

implemented the provisions of Section 34(L) of the Tax Code, as amended by Section 3 of<br />

R.A. No. 9504, which allows individuals and corporations who are subject to the 30% RCIT<br />

rate to adopt the Optional Standard Deduction (OSD) in computing their taxable income.<br />

Under RR No. 16-2008, corporations may claim OSD equivalent to 40% of gross income,<br />

excluding passive income subjected to final tax, in lieu of the itemized deductions. A<br />

corporate taxpayer who elected to avail of the OSD shall signify such in the income tax return<br />

(ITR). Otherwise, it shall be considered as having availed of the itemized deductions allowed<br />

under Section 34 of the National Internal Revenue Code. Pursuant to Section 3 of<br />

RR No. 02-2010 dated February 18, 2010, the election to claim the OSD or the itemized<br />

deduction for the taxable year must be signified by checking the appropriate box in the ITR<br />

filed for the first quarter of the taxable year adopted by the taxpayer. Once the election is<br />

made, the same type of deduction must be consistently applied for all succeeding quarter<br />

returns and in the final ITR for the taxable year. Any taxpayer who is required but fails to file<br />

the quarterly ITR for the first quarter shall be considered as having availed of the itemized<br />

deductions option for the taxable year.<br />

For the years ended December 31, <strong>2016</strong>, 2015 and 2014, the Company computed its income<br />

tax based on itemized deductions for its income subject to either 10% or 30% income tax rate.<br />

<strong>EDC</strong>, EBWPC and BGI does not recognize deferred tax assets and deferred tax liabilities on<br />

temporary differences that are expected to reverse during the ITH period.<br />

262<br />

I Energy Development Corporation Performance Report <strong>2016</strong>

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