BIR Ruling [DA-046-06]

February 14, 2006 BIR RULING [DA-046-06] R.A. 9178; DA-356-2004 Vin Concrete Industries Sagad Street, Sta. Clara Sta. Maria, Bulacan Attention: Mr. Nestor C. Angeles Proprietor Gentlemen : This refers to your letter dated July 18, 2005 requesting for exemption from the payment of income tax pursuant to the provisions of Republic Act No. 9178. It is represented that pursuant to Republic Act No. 9178, "An Act to Promote the Establishment of Barangay Micro Business Enterprises (BMBEs), Providing Incentives and Benefits Therefor, and for other Purposes," Vin Concrete Industries was awarded the Certificate of Authority for Barangay Micro-Business Enterprise (BMBE) last July 8, 2005; and that this will have a term of two (2) years or until July 8, 2007. In reply, please be informed that Sections 3(a) and 7 of R.A. 9178 provide, viz: DaScHC "SEC. 3 Definition of Terms . As used in the Act, the following terms shall mean: "a.) 'Barangay Micro Business Enterprise,' hereinafter referred to as BMBE, refers to any business entity or enterprise engaged in the production, processing or manufacturing of products or commodities, including agro-processing, trading and services, whose total assets including those arising from loans but exclusive of the land on which the particular business entity's office, plant and equipment are situated, shall not be more than Three Million Pesos (P3,000,000.00). The above definition shall be subject to review and upward adjustment by the SMED Council, as mandated under Republic Act No. 6977, as amended by Republic Act No. 8289. xxx xxx xxx "SEC. 7. Exemption from Taxes and Fees . All BMBEs shall be exempt from income tax for income arising from the operations of the enterprise. "The LGUs are encouraged either to reduce the amount of local taxes, fees and charges imposed or to exempt the BMBEs from local taxes, fees and charges." Inasmuch as Vin Concrete Industries is a registered BMBE and was awarded BMBE Certificate of Authority by the Office of the Municipal Treasurer, Municipality of Sta. Maria, Province of Bulacan, it is, therefore, exempt from the payment of income tax on income arising from the operations of the enterprise for a period of two (2) years from July 8, 2005 or until July 8, 2007. (BIR Ruling No. DA-356-2004 dated June 25, 2004) CHTAIc 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.) JOSE MARIO C. BUAG Commissioner of Internal Revenue