Coops for Christ-Antique

October 27, 2009 BIR RULING [COOP-(M-153) 676-09] RA 6938; 008-2001 Coops for Christ-Antique G/F St. Joseph Parish Convent San Jose, Antique Attention: Ms. Lydia C. Bilangbilin Chairman Gentlemen : This refers to your letter dated February 18, 2008 which was indorsed to this Office by the Revenue District No. 73, San Jose, Antique requesting for a Certificate of Tax Exemption under the provisions of Republic Act No. 6938, otherwise known as the "Cooperative Code of the Philippines." Documents submitted disclosed that Coops for Christ-Antique (TIN 005-362-348) with principal address at G/F St. Joseph Parish Convent San Jose, Antique is a primary non-agricultural multi-purpose cooperative transacting with members; that it is registered with the Cooperative Development Authority with Registration No. ILO-4158 dated May 08, 2002; that a Certificate of Good Standing has been issued in its favor by Atty. Arnel D. Agrasada, Regional Director, Iloilo Extension Office, Iloilo City; that the objectives and purposes for which it was formed are the following: 1. To engage in granting loans to members for productive and providential purposes; and 2. Providing goods and services and other requirements of the members and other services that the cooperative members may need in the future. In support of its request and in compliance with Revenue Regulations No. 20-2001 dated November 12, 2001, Coops for Christ-Antique has submitted 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) Comparative Financial Statements for the Year 2006 and 2007; and (5) Certificate of Good Standing from CDA. HASTCa 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; 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, the cooperative is liable to pay the 12% VAT on its 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 the cooperative will distribute interest on capital, such interest shall be taxable to the recipient member and shall be declared in the latter's income tax return for tax purposes. Furthermore, the cooperative's 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 it 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. The cooperative shall also be taxed on capital gains realized on sales or exchanges of property. aITECA 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. Finally, Coops for Christ-Antique is 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 its 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 it will file on or before said date. It is of course understood that cooperative's 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 it complies with the conditions under which it has have been granted tax exemption or tax incentives and pays its 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 as null and void. Very truly yours, Commissioner of Internal Revenue By: (SGD.) JAMES H. ROLDAN Assistant Commissioner Legal Service