BIR Ruling [DA-367-98]

August 17, 1998 BIR RULING [DA-367-98] Exarchate of the Ecumenical Patriarchate in the Philippines, Inc. Annunciation Orthodox Church Block 2, Lot 1 Filipinas Avenue United Paraaque 5 Subdivision Paraaque, Metro Manila Attention: Rev . Fr . Philemon R . V . Castro Gentlemen : This refers to your letter dated August 1, 1998 requesting for exemption from donor's tax on the donation made by Pantaleon Banasihan of 200 square meters out of the 2,361 square meters piece of land located at San Antonio, Los Baos, Laguna covered by Transfer Certificate of Title No. T-34055 in your favor, a non-stock religious corporation organized and existing under the laws of the Philippines, in order to provide the donee a site for its church in furtherance of its religious activities. LLpr In reply, please be informed that inasmuch as the donee is a non-stock religious corporation, 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 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 of P15.00 imposed 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. cdll Very truly yours, (SGD.) SIXTO S. ESQUIVIAS IV Deputy Commissioner (Legal & Enforcement Group)