BIR Ruling [DA-274-98]

May 26, 1998 BIR RULING [DA-274-98] NOCECO Employees' Homeowners Association, Inc. NOCECO, Kabankalan Negros Occidental Attention: Mr . Jose Vicente Pioquinto President Gentlemen : This refers to your request for a ruling that no gain or loss is recognized on the transfer/subdivision and awarding of the parcels of land registered in the name of the Association, which acted merely as facilitator under the Group Land Acquisition and Development (GLAD) program of the government and loans by its member-beneficiaries, to the concerned member-beneficiaries, the actual properties-owners, who are underprivileged and homeless, under the provisions of R.A. 7279, and therefore, exempt from the corporate income tax, and from the creditable withholding tax imposed under Revenue Regulations No. 1-90, as amended by Revenue Regulations No. 12-94. LexLib It is represented that the NECOCE Employees' Homeowners Association, Inc. is duly registered with the Home Insurance and Guaranty Corporation (HIGC); that serving as a facilitator, and through the GLAD Program of the government, it acquired by virtue of a loan from the Home Development Mutual Fund (otherwise known as the Pag-IBIG Fund), parcels of land situated at Barangay Talubangi, Kabankalan City, Negros Occidental; that it has subdivided the said properties into homelots and distributed the homelots to its member-beneficiaries. In reply, please be informed that the transfer in favor of your individual member-beneficiaries of the said subdivided properties is not subject to either the capital gains tax imposed under Section 24(D)(1), or the creditable withholding tax imposed under Revenue Regulations No. 1-90, as amended by Revenue Regulations No. 12-94, implementing Section 57(A) of the same Code, considering that the said transfer of your properties is without any consideration since it is merely a formality to finally effect transfer of the said properties to your member-beneficiaries who actually bought the same from the former owner through your Association. In other words, the transfer is without any consideration because you are in fact transferring the ownership of the properties which actually belong to the member-beneficiaries. Furthermore, the said transfer is not subject to the donor's tax imposed under Section 93 of the Tax Code, since there is no donative intent or intention on your part to donate the said properties to said member-beneficiaries, considering that you could not donate properties the ownership of which belong to the donees (member-beneficiaries) themselves. However, it is noted that under Section 196 of the Tax Code of 1997, the documents subject to the documentary stamp tax imposed therein are those where the really sold shall be granted, assigned, transferred, or otherwise conveyed to a purchaser or purchasers or to any other person or persons designated by such purchaser or purchasers, thereby excluding from its purview the instant case considering that no consideration is involved in said transaction upon which the tax is imposed could be based. Accordingly, the transfer of title of the said properties in favor of your member-beneficiaries is not subject to the documentary stamp tax imposed under Section 196 of the Tax Code of 1997. However, the notarial acknowledgment to said deed of conveyance is subject to the documentary stamp tax of P15.00 pursuant to Section 188 of the Tax Code of 1997. (BIR Ruling No. 398-93 dated October 11, 1993). LLphil 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, (SGD.) SIXTO S. ESQUIVIAS IV Deputy Commissioner Legal and Enforcement Group