BIR Ruling [DA-314-00]

August 21, 2000 BIR RULING [DA-314-00] 101 (A) (3) DA-199-2000 DA-314-2000 F . C . Salvador Christian Foundation, Inc . 295 Quirino Highway, Baesa Quezon City Attention: Mr . Quintina F . Salvador President Gentlemen : This refers to your letter dated June 20, 2000 requesting for exemption from donor's tax and other taxes on the donation by the F.C. Salvador Christian Foundation, Inc. of its property in favor of the Image of the Risen Messiah, Inc., with principal office address at Parkland Subdivision, Malanday, Marikina City, for the fulfillment of the religious ends of the latter. It appears that the F.C. Salvador Christian Foundation, Inc. executed a deed of donation conveying its property covered by TCT No. N-200027 of the Registry of Deeds for Quezon City, situated at Barangay (Pasong Tamo) Culiat, Quezon City in favor of the donee. DAEIHT 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 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 of 1997, but only to the documentary stamp tax of P15.00 under Section 188 of the same Code. This ruling is issued on the basis of the foregoing facts as represented. However, if upon investigation, it will be disclosed that the facts are different from that as represented, then this ruling shall be considered null and void. Very truly yours, Commissioner of Internal Revenue By: (SGD.) LILIAN B. HEFTI Deputy Commissioner (Legal & Inspection Group)