BIR Ruling [DA-028-98]

January 29, 1998 BIR RULING [DA-028-98] Tian Lin Divine Temple, Inc. c/o 70 Lilang St., Marulas Valenzuela, Metro Manila Attention: Mr . Alexander G . Gironella Secretary Gentlemen : This refers to your letter dated November 4, 1997 requesting for an exemption from the payment of donor's tax prescribed under Section 101 (A)(3) of the Tax Code of 1997. Documents submitted disclosed that Ms. Lily Tan Chua donated a parcel of land to Tian Lin Divine Temple, Inc., a religious corporation organized and existing under Philippine Laws; that the donor is the absolute owner of a parcel of land covered by Transfer Certificate of Title No. N-41854 issued by the Registry of Deeds for the Province of Rizal; that the subject property is located at Barrio Mayamot, Antipolo, Rizal and has an area of Two Thousand Two Hundred Seventy Five (2,275) sq. m. In reply, please be informed that inasmuch as the donee is a religious institution, the aforementioned donation is exempt from the payment of donor's tax pursuant to Section 101 (A)(3) of the Tax Code of 1997, subject to the condition that not more than 30% of said gift shall be used for administration purposes. Moreover, the aforesaid Deed of Donation is not subject to documentary stamp tax prescribed under Section 196 of the Tax Code of 1997, but only to the documentary stamp tax of P15.00 imposed under Section 188 of the same Code. (BIR Ruling No. 011-94 dated January 10, 1994) cdtech 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, (SGD.) SIXTO S. ESQUIVIAS IV Deputy Commissioner (Legal and Enforcement Group)