Ms. Remedios K. Chew

February 22, 2008 BIR RULING [DA-105-08] 101 (A) (3); DA-044-02; DA-622-99 Ms. Remedios K. Chew Beverly Glen Subdivision Lahug, Cebu City M a d a m : This refers to your letter requesting exemption from the payment of donor's tax on the following donations made by Ms. Rosario K. Chew in accordance with the provision of Section 101 (A) (3) of the Tax Code of 1997, as amended, viz .: List of DONORS * (nonstock, nonprofit corporations) with the corresponding amount of donation made in their favor 1) Greenhills Christians Fellowship (GCF) c/o Pastor Luis Pantoja P2,400,000.00 2) International School of Theology (ISOT) c/o Theresa Huculak P1,500,000.00 3) Philippine Campus for Christ (PCCC) c/o Pastor Lucivar Laurico P1,500,000.00 4) Far East Broadcasting Company (FEBC) c/o Dan Andrew S. Cura P1,500,000.00 5) Coalition of Services for the Elderly (COSE) c/o Ed Gerlock P2,400,000.00 6) Christ Commission Fellowship (CCF) c/o Rev. Peter Tanchi P1,550,000.00 7) Christian Action for Reconciliation & Evangelism (CARE) c/o Dr. Rose Biron P1,000,000.00 DHITCc In support of your request, you submitted the following documents: 1) Articles of Incorporation & By-Laws of the DONORS; * and 2) Corresponding Deed of Donations. In reply, please be informed that inasmuch as the donees are non-stock, non-profit corporations, the aforementioned donations made in their favor, therefore, are exempt from the payment of the donor's tax pursuant to Section 101 (A) (3) of the Tax Code of 1997, as amended, subject to the condition that not more than 30% of the said gifts shall be used by the donees for administration purposes. Failure to comply with the said condition shall be a ground for the revocation of the donation pursuant to Article 764 of the New Civil Code. (BIR Ruling Nos. DA-044-02 dated March 12, 2002 and DA-622-99 dated November 3, 1999) Moreover, the acknowledgements on the aforesaid Deeds of Donation are subject to the documentary stamp tax of P15.00 imposed under Section 188 of the Tax Code of 1997, as amended. 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. aIcDCA Very truly yours, Commissioner of Internal Revenue By: (SGD.) JAMES H. ROLDAN Assistant Commissioner Legal Service