BIR Ruling [DA-197-98]

May 18, 1998 BIR RULING [DA-197-98] Alay sa Fil-Mission Foundation, Inc. Rm. 201, Pope Pius XII Catholic Center 1175 U.N. Avenue, Paco, Manila Attention: Rev . Fr . Eliseo M . Napiere Treasurer Gentlemen : This refers to your letter dated April 21, 1998 requesting on behalf of the donor, Mrs. Nora Arguelles, for an exemption from the payment of the donor's tax prescribed under Section 101(A)(3) of the Tax Code of 1997. LibLex Documents submitted disclosed that the Alay sa Fil-Mission Foundation, Inc. is a non-stock, non-profit corporation duly registered with the Securities and Exchange Commission on June 21, 1995 under SEC Registration No. ANO95-02296; that an exemption from income tax has been issued in your favor by virtue of BIR Ruling No. S-26-193-95 dated August 15, 1995; that it has been registered as a qualified donee institution by virtue of Certificate of Registration No. 2407 dated August 18, 1995; and that the donor, Mrs. Nora Arguelles is the owner in fee simple of a parcel of land situated in Makati City with an area of 200 square meters and covered by TCT No. 200394. In reply, please be informed that inasmuch as the donee is a religious institution, 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 the said gift shall be used by the donee for administration purposes. 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 prescribed under Section 188 of the same Code. (BIR Ruling No. 011-94 dated January 10, 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, then this ruling shall be considered null and void. cdti Very truly yours, (SGD.) SIXTO S. ESQUIVIAS IV Deputy Commissioner (Legal and Enforcement Group)