BIR Ruling [DA-189-01]

October 17, 2001 BIR RULING [DA-189-01] R.A. 8367; 138-97 Port Community Savings & Loan Association (PC-SLAI), Inc . 5th Floor, Marsman Building 22 Muelle de San Francisco, Gate 1 South Harbor, Port Area, 1018 Manila Attention: Ms. Virginia G. Quina Director-Treasurer Gentlemen : This refers to your letter dated August 24, 2000 requesting for exemption from the twenty percent (20%) final withholding tax on interest income from deposit and deposit substitutes with a bank in the light of the provision of Section 5 of Republic Act No. 8367, approved on October 21, 1997 and which took effect on November 14, 1997. It is represented that Port Community Savings and Loan Association (PC-SLAI), Inc. is an employees' non-stock savings and loan association duly registered with the Bangko Sentral ng Pilipinas and the Securities and Exchange Commission; and that it was issued a Certificate of Authority to Operate by the BSP on July 18, 2000. In reply, please be informed that Section 5 of Republic Act No. 8367 entitled "An Act Providing for the Regulation of the Organization and Operation of Non-Stock Savings and Loan Associations", provides, viz: "Sec. 5. Tax Exemption . An Association shall be exempt from payment of tax in respect to income it receives, including interest on its deposits with any bank; Provided, however, That income derived from any of its properties, real or personal, or any activity conducted for profit, regardless of the disposition thereof, is subject to the corresponding internal revenue taxes imposed under the National Internal Revenue Code. Interest earnings on deposits of members with Associations, as well as the shares of its members from the net income of the Associations shall be exempt from income tax." Based on the foregoing, interest income derived by Port community Savings and Loan Association, Inc. from its deposit and deposit substitutes are exempt from the twenty percent (20%) final withholding tax. (BIR Ruling No. 138-97 dated December 29, 1997) 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, Commissioner of Internal Revenue By: (SGD.) EDMUNDO P. GUEVARA Deputy Commissioner Legal and Inspection Group