BIR Ruling [DA-074-00]

February 2, 2000 BIR RULING [DA-074-00] Mamburao Labor Service Cooperative, Inc . Mamburao, Occidental Mindoro Attention: Mr . Sixto L . Santander General Manager Gentlemen : This refers to your letter dated January 20, 1999 requesting for a ruling as to whether or not the ten (10) year period of exemption of your cooperative can be extended; and whether or not the tax payments you had made from 1987 until 1992 can be claimed as tax credit or refund. In reply, please be informed that there is no provision in the Tax Code of 1997 or under R.A. No. 6938 authorizing the renewal of the period of the tax exemption of cooperatives. Accordingly, the renewal of your Certificate of Tax Exemption is hereby denied for lack of legal basis. Pursuant to Section 204 (C) of the Tax Code 1997 provides that no credit or refund of taxes or penalties shall be allowed unless the taxpayer files in writing with the Commissioner a claim for credit or refund within two (2) years after the payment of the tax or penalty; provided, however, that a return filed showing an overpayment shall be considered as a written claim for credit or refund. Accordingly, in the absence of proof that you have filed a claim for tax credit or refund within the two (2) year period as prescribed by law, the taxes you had paid from 1987 until 1992 can no longer be the subject of a refund or credit. Very truly yours, Commissioner of Internal Revenue By: (SGD.) SIXTO S. ESQUIVIAS IV Deputy Commissioner Legal and Enforcement Group