BIR Ruling [DA-176-99]

March 23, 1999 BIR RULING [DA-176-99] UP Foundation, Inc. Rm. 113, Malcolm Hall (College of Law) University of the Philippines Diliman, Quezon City Attention: Dr . Emil O . Javier President Gentlemen : This refers to your letter dated February 15, 1999 requesting for approval of the proposed change in your accounting period from fiscal year (April 1-March 31) to calendar year (January 1-December 31) effective January 1999. It appears that UP Foundation, Inc . is a non-stock, non-profit institution organized at the University of the Philippines; that you intend to change your accounting period from fiscal year basis to calendar year basis for purposes of convenience in the preparation of your financial statements; that the change will enable you to compare the foundation's performance with those of other institutions (private and government) who are using the calendar year method; and that the economic and financial indicators are also published in calendar years. In reply, please be informed that your request is hereby granted, provided, you comply with the provisions of Sections 46 and 47 of the Tax Code of 1997 which states: "SEC. 46. Change of Accounting Period . If a taxpayer, other than an individual, changes his accounting period from fiscal year to calendar year, from calendar year to fiscal year or from one fiscal year to another, the net income shall, with the approval of the Commissioner, be computed on the basis of such new accounting period, subject to the provisions of Section 47. "SEC. 47. Final or Adjustment Returns for a Period of Less than Twelve (12) Months . "(A) Returns for Short Period Resulting from Change of Accounting Period . If a taxpayer other than an individual, with the approval of the Commissioner, changes the basis of computing net income from fiscal year to calendar year, a separate final or adjustment return shall be made for the period between the close of the last fiscal year for which return was made and the following December 31. If the change is from calendar year to fiscal year, a separate final or adjustment return shall be made for the period between the close of the last calendar year for which return was made and the date designated as the close of the fiscal year. If the change is from one fiscal year to another fiscal year, a separate final or adjustment return shall be made for the period between the close of the former fiscal year and the date designated as the close of the new fiscal year. "(B) Income Computed on Basis of Short Period . Where a separate final or adjustment return is made under Subsection (A) on account of a change in the accounting period, and in all other cases where a separate final or adjustment return is required or permitted by rules and regulations prescribed by the Secretary of Finance, upon recommendation of the Commissioner, to be made for a fractional part of a year, then the income shall be computed on the basis of the period for which separate final or adjustment return is made." Accordingly, UP Foundation, Inc. should file a separate final or adjustment return for the period corresponding to April 1 and December 31, 1998, which is the period between the close of the fiscal year for which a return was made and the date designated as the close of the calendar year. This will serve as your authority to change your accounting period from fiscal year to calendar year upon your compliance with the requirement of filing a short period return. (BIR Ruling 060-96 dated May 22, 1996 cited in BIR Ruling No. 535-98 dated November 27,1998) Very truly yours, Commissioner of Internal Revenue By: (SGD.) SIXTO S. ESQUIVIAS IV Deputy Commissioner (Legal and Enforcement Group)