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Preferential Tax Treatment for Managerial and Technical Position in ROHQs

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Arresto Menor
Under existing rules of RA 8756 (ROHQ law), a manager or technical employee complying with the qualifications set forth in its implementing rules, is entitled to a preferential tax treatment of 15% income tax on his compensation. Considering that a manager currently enjoys this entitlement by operation of law, will a disqualification on his entitlement be considered diminution of benefit?

The said manager has been enjoying the preferential tax treatment for 2 years. However, due to a transfer from an ROHQ entity to a non-ROHQ entity (affiliated companies) disqualifies him from the enjoyment of the preferential tax rate. The manager asserts that such disqualification is considered diminution of benefits.

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