BIR Ruling [DA-444-98]

October 1, 1998 BIR RULING [DA-444-98] Mariposa Place Homeowners Association, Inc. #20 Mariposa St., Quezon City Attention: Ms . Roanna Joy L . Yap President Gentlemen : This refers to your undated letter requesting for a ruling that the conveyance of the common areas, including the land of Soledad B. Ramos and Sergio B. Ramos, owners-developers of a condominium project known as Mariposa Place, to the Mariposa Place Homeowners Association, Inc., the condominium corporation, is exempt from the payment of the capital gains tax and documentary stamp tax. Documents submitted show that Soledad B. Ramos and Sergio B. Ramos are the owners-developers of a parcel of land located along Mariposa St., Quezon City covered by Transfer Certificate of Title No. N-154856 upon which the Mariposa Place Project was constructed; that the Mariposa Place Homeowners Association, Inc., a domestic corporation, is the condominium corporation that was organized for the purpose of holding title to, managing and maintaining the common areas of the project; that a Deed of Conveyance was executed between the owners-developers and the condominium corporation whereby the former conveyed title to the said land, the common areas of the building and facilities of the project, in favor of the latter, free from all liens and encumbrances; and that said deed was executed without any monetary consideration, in pursuance of the requirements of the Condominium Act which mandates that the Condominium Corporation shall hold title to the common areas (including the land). In reply, please be informed that since the Deed of Conveyance above-mentioned is without consideration and is not in connection with a sale made to the condominium corporation, no income was generated and a fortiori , no creditable withholding tax is payable and collectible. The purpose of the conveyance to the condominium corporation is for the management of the project for the common benefit of the unit owners. (Section 10, R. A. No. 4726). Moreover, Section 185 of the Revised Documentary Stamp Tax Regulations (Regulations No. 26) provides that "conveyances of realty not in connection with a sale, to trustees or other persons without consideration are not taxable". In view thereof, this Office is of the opinion as it hereby holds that the aforesaid Deed of Conveyance is not subject to any creditable withholding tax under Section 57(B) of the Tax Code of 1997 in relation to Section 27 of the same Code. Neither is it subject to the documentary stamp tax imposed under Section 196 of the Tax Code of 1997. However, the notarial acknowledgment to said deed of conveyance is subject to the documentary stamp tax of P15.00 only pursuant to Section 188 of the Tax Code of 1997. (BIR Ruling No. UN-083-94 dated February 23, 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 and Enforcement Group)