Talabutab Norte PMPC

February 12, 2009 BIR RULING [COOP-(M-029) 096-09] R.A. No. 6938; ECCP-063-2008 dtd. 06/04/08 Talabutab Norte PMPC Talabutab Norte, General M. Natividad Nueva Ecija Attention: Mr. Crisostomo M. Valdez Manager Gentlemen : This refers to your letter dated January 15, 2009 requesting for a Certificate of Tax Exemption under the provisions of R.A. No. 6938, otherwise known as the "Cooperative Code of the Philippines". cCTAIE Documents submitted disclosed that the TALABUTAB NORTE PMPC is a multi-purpose cooperative duly registered with the Cooperative Development Authority (CDA) under CDA Registration No. QC-118; and that the objectives and purposes for which it was formed among others, are as follows: 1. To teach the members: a. the habit of thrift for capital build-up; b. the fundamentals of financing, personnel and business management; c. directors, committee men, officers and employees as well as the general public, and the nature, concept, philosophy, principles and practices of Cooperatives; d. the importance of paying their dues/loans/accounts on time; e. engage in farming, the correct and proper use of production inputs; and f. how to produce and market their productions. 2. To grant loans to members for productive and providential purposes; 3. To provide quality consumer goods, services and other needs of the members at reasonable prices; 4. To encourage scientific production and marketing among the members; 5. To promote and improve the economic, social and educational condition of the members; 6. To provide housing or to acquire land for the members; 7. To do such other activities intended to help the members solve their problems on a cooperative basis; 8. To work: a. with the government of the Philippines and its agencies in carrying out government policies; b. with other KB organizing provincial, regional or National Katipunan/Kalipunan of KB for any of the purpose or purposes for which KB is formed and to become member of such katipunan/kalipunan of KB that may be organized later; 9. To do any related activity for the member's self-government, improved social and economic well-being under a truly just and democratic society. 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) Financial Statements for the Year December 31, 2007; (5) 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 arrangements and royalties derived from sources within the Philippines and the interest income your 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