BIR Ruling [DA-491-99]

August 30, 1999 BIR RULING [DA-491-99] SGV & Co. 6760 Ayala Avenue Makati City Attention: Ma . Victoria A . Villaluz Tax Division Gentlemen : This refers to your letter dated April 27, 1999 requesting on behalf of your client, Astec Power, Inc., for an authority to change its accounting period from fiscal year beginning the first day of October and ending the last day of September of each year. cdll It appears that Astec Power, Inc. is a branch office duly registered with the BIR-RDO No. 54; and that on February 11, 1999, the Directors of the Head Office, Astec Power, Inc. (Hongkong), resolved to change its financial year end from December 31 to September 30 annually. 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, with 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. cdlex "(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, Astec Power, Inc. should file a separate final or adjustment return for the period corresponding to January 1 and September 30, 1999 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 their authority to change their accounting period from calendar year to fiscal year upon their compliance with the requirement of filing a short period return. Very truly yours, Commissioner of Internal Revenue By: (SGD.) SIXTO S. ESQUIVIAS IV Deputy Commissioner (Legal & Enforcement Group)