BIR Ruling

January 3, 1969 The Chief, Tax Accounts Division BIR, Manila S i r : This has reference to your letter dated December 3, 1968 requesting opinion on the legality of requiring the Securities and Exchange Commission and the courts to impose the requirement of tax clearance as pre-requisite for a corporation to commence dissolution proceedings. In this connection, you are informed that your suggestion have no legal basis and, therefore, not feasible. The manner and method by which corporations shall be dissolved are provided for in Sections 62 to 67 of the Corporation Law (Act No. 1459) and Rule 104 of the New Rules of Court and no restrictions, other than those provided for in said laws, can possibly be imposed. To protect the interest of the Government, therefore, collection officers of the Bureau of the Bureau should religiously apply the powers of the Bureau to effect collection. cdta Very truly yours, (SGD.) MISAEL P. VERA Commissioner of Internal Revenue