BIR Ruling [DA-455-98]

October 16, 1998 BIR RULING [DA-455-98] The Roman Catholic Archbishop of Manila 121 Arzobispo St., Intramuros M a n i l a Attention: Rev . Fr . Cesar V . Buhat Dept . Head-Properties Administration Department Gentlemen : This refers to your letter dated January 31, 1998 requesting for an exemption from the payment of donor's tax prescribed under Section 101 (A)(3) of the Tax Code of 1997 on the donation of a parcel of land owned by Ms. Ceferina E. Patdu in favor of the Roman Catholic Archbishop of Manila. It appears that the donor is the absolute and registered owner of a certain parcel of land covered by Transfer Certificate of Title No. 203192 issued by the Registry of Deeds for the City of Makati; and that the subject property is located at Brgy. Putatan, Muntinlupa City with an area of Six Hundred Sixty Nine (669) sq. m. In reply, please be informed that inasmuch as the donee is a religious institution, the aforesaid 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 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. Very truly yours, (SGD.) SIXTO S. ESQUIVIAS IV Deputy Commissioner (Legal and Enforcement Group)