BIR Ruling [DA-085-00]

February 10, 2000 BIR RULING [DA-085-00] Ms . Epifania S . Raymundo No. 26 Dr. Sixto Antonio Avenue Kapasigan, Pasig City M a d a m : This refers to your letter dated September 28, 1999 requesting a ruling to the effect that your donation of a parcel of land located at Barrio Kapasigan, Pasig City and covered by TCT No. 39091 of the Registry of Deeds for the Province of Rizal in favor of the Augustinian Sisters of Our Lady of Consolation, Inc. is exempt from the donor's tax. It is represented that the Augustinian Sisters of Our Lady of Consolation, Inc., is a non-stock, non-profit religious organization duly registered with the Securities and Exchange Commission (SEC); and that it is engaged in religious, educational, charitable and missionary activities. In reply thereto, please be informed that since the donee is a religious organization, 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 by the donee for administration purposes. cdt 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 pursuant to Section 188 of the said Code. (BIR Ruling No. 032-94 dated February 3, 1994) 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, this ruling shall be considered null and void. Very truly yours, Commissioner of Internal Revenue By: (SGD.) SIXTO S. ESQUIVIAS IV Deputy Commissioner (Legal and Enforcement Group)