BIR Ruling [DA-379-00]

October 30, 2000 BIR RULING [DA-379-00] 46 and 47 (A) (B); DA-176-99 Fedders Koppel, Inc. Km. 16, South Superhighway Paraaque City Attention: Ms . Adoracion A . Cabrera Gentlemen : This refers to your letter dated May 18, 2000 as indorsed by the Chief of the Large Taxpayers Assessment Division, requesting for an authority to change your accounting period from calendar year ending December 31 to fiscal year ending August 31. It appears that Fedders Koppel, Inc. (Fedders) is a wholly owned subsidiary of Fedders Corporation; that the above-stated parent company uses the fiscal year basis for their accounting period; that the consolidated financial statements of the parent company and its subsidiaries will be consistent and comparable if both companies use the fiscal year as their method of accounting; that the change was approved by the unanimous vote of the Board of Directors and vote of the stockholders representing at least 2/3 of the outstanding capital stock of the corporation; and that the Securities and Exchange Commission (SEC) approved the said amendment on May 10, 2000. In reply, please be informed that your request is hereby granted, provided, you comply with the provisions of Sections 46 and 47 of the Tax Code of 1997 which states: "SEC. 46. Change of Accounting Period . If a taxpayer, other than an individual, changes his accounting period from fiscal year to calendar year, from calendar year to fiscal year, or from one fiscal year to another, the net income shall, within the approval of the Commissioner, be computed on the basis of such new accounting period, subject to the provisions of Section 47. "SEC. 47. Final or Adjustment Returns for a Period of Less than Twelve (12) Months . "(A) Returns for Short Period Resulting from Change of Accounting Period . If a taxpayer, other than an individual, with the approval of the Commissioner, changes the basis of computing net income from fiscal year to calendar year, a separate final or adjustment return shall be made for the period between the close of the last fiscal year for which return was made and the following December 31. If the change is from calendar year to fiscal year, a separate final or adjustment return shall be made for the period between the close of the last calendar year for which return was made and the date designated as the close of the fiscal year. If the change is from one fiscal year to another fiscal year, a separate final or adjustment return shall be made for the period between the close of the former fiscal year and the date designated as the close of the new fiscal year. DSEIcT (B) Income Computed on Basis of Short Period . Where a separate final or adjustment return is made under Subsection (A) on account of a change in the accounting period, and in all other cases where a separate final or adjustment return is required or permitted by rules and regulations prescribed by the Secretary of Finance, upon recommendation of the Commissioner, to be made for a fractional part of a year, then the income shall be computed on the basis of the period for which separate final or adjustment return is made." Accordingly, Fedders should file a separate final or adjustment return for the period corresponding to January 1 and August 31, 2000 which is the period between the close of the calendar year for which a return was made and the date designated as the close of the fiscal year. This will serve as your authority to change your accounting period from calendar year to fiscal year upon your compliance with the requirement of filing a short period return. Very truly yours, (SGD.) DAKILA B. FONACIER Commissioner of Internal Revenue