Sablayan Market Vendors Multi-Purpose Cooperative

February 4, 2009 BIR RULING [COOP-(M-018) 068-09] RA 6938; 008-2001 Sablayan Market Vendors Multi-Purpose Cooperative P. Urieta St. Buenavista, Sablayan, Occidental Mindoro Attention: Natalia D. Untalan Chairperson Gentlemen : This refers to your letter dated November 10, 2008 requesting for a Certificate of Tax Exemption under the provisions of R.A. No. 6938, otherwise known as the "Cooperative Code of the Philippines". DcCIAa Documents submitted disclosed that Sablayan Market Vendors Multi-Purpose Cooperative (SAMVEMCO) is a multi-purpose cooperative transacting with members only; that it is registered with the Cooperative Development Authority (CDA) with Registration No. LGA-0492 dated October 1, 1992; that the objectives and purposes for which it was formed are the following: 1. To encourage thrift and saving mobilization among the members for capital formation; 2. To create funds in order to grant loans for productive and providential purposes to its members; 3. To provide goods and services and other requirements of the members; 4. To undertake agricultural and/or industrial production purposes; 5. To engage in the supply of production inputs to members and market their products; HCTAEc 6. To promote the cooperative as way of life for improving the social and economic well-being of the people; 7. To do any related activity for the member's self-government, improving social and/or economic well-being under a truly just democratic society; 8. To work with the cooperative movement, non-government and government organizations/entities in the promotion and development of the cooperative and in carrying out government policies; 9. To undertake other activities for the effective and efficient implementation of the provisions of the Cooperative Code. and that you have submitted to this Office in support of your request and in compliance with Section 8 of Revenue Memorandum Circular No. 48-91 dated June 18, 1991 the following documents, viz. : (1) Certificate of Registration from the Cooperative Development Authority; (2) Articles of Cooperation and By-laws; (3) BIR Certificate of Registration; (4) Certificate of Good Standing. In reply, please be informed that Section 3.1 of Revenue Regulations No. 20-2001, provides that duly registered cooperatives dealing/transacting business with members only shall be exempt from paying the following taxes for which they are directly liable, viz. : 1. Income tax on income from operations; 2. Value-added tax (VAT) under Section 109 (M) of the Tax Code of 1997, as amended; ISHaCD 3. Percentage tax under Section 116 of the Tax Code of 1997; 4. Donor's tax on donations to duly accredited charitable, research and educational institutions, and reinvestment to socio-economic projects; 5. Excise tax under Title VI of the Tax Code of 1997; 6. Documentary stamps tax imposed under Title VII of the Tax Code of 1997, provided, however, that the other party to the taxable document/transaction who is not exempt shall be the one directly liable for the tax; and 7. Annual registration fee of P500.00 under Section 236 (B) of the Tax Code of 1997, as amended by RA 9337. However, you are not exempt from registration. However, you are liable to pay the 12% VAT billed to you on your purchases of goods and services because the said tax is an indirect tax which can be passed on or shifted as part of the cost of the goods sold/services rendered. In case you will distribute interest on capital, such interest shall be taxable to the recipient member and shall be declared in his income tax return for tax purposes. Furthermore, your interest income from currency bank deposits, yield from deposit substitutes, trust funds and similar arrangement and royalties derived from sources within the Philippines and the interest income our derived from a depository bank under the expanded foreign currency deposit system shall be subject to the 20% and 7.5% final tax, respectively, imposed under Section 27 (D) (1) of the Tax Code of 1997, as amended. You shall also be taxed on capital gains realized on sales or exchanges of property. It is emphasized, however, that the exemption of the cooperative does not extend to the individual members thereof. Moreover, the cooperative shall be constituted as a withholding agent if it acts as an employer and its employees receive compensation income subject to withholding tax, or if it makes income payment to individuals or corporations subject to the withholding tax provided for in Section 57 of the Tax Code of 1997, as amended. Furthermore, said members shall be taxed on prizes, winnings and capital gains realized on sales or exchanges of properties. TDAHCS Finally, you are required to file on or before the 15th day of the fourth month following the close of your accounting period a Profit and Loss Statement and Balance Sheet with the Annual Information Return under oath, stating your gross income and expenses incurred during the year and a certificate showing that there has not been any change in the By-Laws, Articles of Cooperation, manner of activities as well as sources and disposition of income. A copy of this letter of exemption must be attached to the Annual Information Return, which you will file on or before said date. It is of course understood that your books of accounts and other pertinent records shall be subject to periodic examination by revenue enforcement officers of this Bureau for the purpose of ascertaining whether you have been complying with the conditions under which you have been granted tax exemption or tax incentives and your tax liability, if any, pursuant to Section 235 of the Tax Code of 1997, as amended. (BIR Ruling No. ECCP-009-2003 dated December 2, 2003). This ruling is being issued on the basis of the foregoing facts as represented. However, if upon investigation, it will be disclosed that the facts are different, then this ruling shall be considered null and void. Very truly yours, Commissioner of Internal Revenue By: (SGD.) JAMES H. ROLDAN Assistant Commissioner Legal Service