BIR Ruling

June 29, 1977 R.O.H. Auto Products Philippines Incorporated Golden Acres Avenue Barrio Talon, Las Pias Rizal Attention: Mr . Robert L . Foster President Gentlemen : This refers to your letter dated June 24, 1977 requesting a certification from this Office that the dividends which R.O.H. Auto Products, Philippines Incorporated will remit the Rubery, Owen & Kimsley Pty., Ltd., Australia is subject to withholding tax at the rate of 15% instead of 35%. It appears that R.O.H. Auto Products, Philippines Incorporated is a domestic corporation; that it is a wholly-owned subsidiary of the aforenamed recipient corporation; and that said corporation is a non-resident foreign corporation domiciled in Australia. In view thereof, and considering that under the present provisions of the Australian Income Tax Assessment Act 1936-1974, the amount of tax deemed paid on such dividends, and accordingly, to be credited against Australian tax on said dividends, exceeds the 20% of Presidential Decree No. 369, this office hereby certifies that the dividends which R.O.H. Auto Products Philippines Incorporated will remit to Rubery, Owen and Kimsley Pty., Ltd., Australia are subject to withholding tax at the rate of 15% only. (B.I.R. Ruling dated November 25, 1975) Very truly yours, (SGD.) EFREN I. PLANA Acting Commissioner of Internal Revenue TAN-P4519-F2828-A-8