BIR Ruling [DA-275-96]

July 25, 1996 BIR RULING [DA-275-96] The Roman Catholic Archbishop of Manila 121 Arzobispo Street, Intramuros P.O. Box 132, Manila Attention: Msgr . Domingo A . Cirilos, Jr . Gentlemen : This refers to your letter dated April 7, 1995 requesting exemption under Section 94(a)(3) of the Tax Code as amended, of the donation made by Ms. Helen Grace O. Caete, of a parcel of land located at Barangay Sta. Ana, Pateros, Metro Manila containing an area of 194 square meters covered by Transfer Certificate of Title No. 3680 issued by the Register of Deeds of Rizal, in favor of the Roman Catholic Archbishop of Manila. Documents submitted show that the Roman Catholic Archbishop of Manila is a corporation sole duly organized and existing under the laws of the Philippines; and that the Deed of Donation covering the aforementioned parcel of land was executed by and between Ms. Caete, as donor and the Roman Catholic Archbishop of Manila on April 10, 1982. 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 94(a)(3) of the Tax Code, as amended, subject to the condition that not more than 30% of said gift shall be used by the donee for administration purposes. Moreover, the aforesaid Deed of Donation is not subject to the documentary stamp tax prescribed under Section 196 of the Tax Code, as amended, but only to the documentary stamp tax of P10.00 imposed under Section 188 of the same Code, as amended by R.A. No. 7660. (BIR Ruling No. 452-93 dated November 19, 1993) cdlex Very truly yours, ALICIA P. CLEMENO Assistant Commissioner (Legal Service) By: ALICIA L. TOMACRUZ Head Rev. Executive Assistant Legal Service