BIR Ruling [DA-367-00]

October 23, 2000 BIR RULING [DA-367-00] 101 (A) (3) 28-98 Roman Catholic Missionary Sister of Sacred Heart of Jesus, Inc. Unit 10, Lt. Artiaga Street San Juan, Metro Manila Attention: Msgr . Charles Tchou Gentlemen : This refers to your letter dated June 14, 2000 requesting for exemption from the payment of taxes due on the Deed of Donation executed by Msgr. Charles Tchou in favor of Roman Catholic Missionary Sister of Sacred Heart of Jesus, Inc. It is represented that Msgr. Charles Tchou is a Filipino Catholic Missionary priest; and that he wants to divest himself of his real property including an old improvement thereof and donate said property to Roman Catholic Missionary Sister of Sacred Heart of Jesus, Inc., a non-stock, non-profit religious organization duly registered with the Securities and Exchange Commission under SEC Reg. No. A1998-18510. In reply, please be informed that inasmuch as the assignee is a religious institution, the aforementioned Deed of 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 for administration purposes. aECSHI 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 of P15.00 imposed under Section 188 of the same Code. (BIR Ruling No. DA-28-98 dated January 29,. 1998) 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.) LILIAN B. HEFTI Deputy Commissioner Legal and Inspection Group