BIR Ruling [DA-623-04]
BIR Ruling [DA-623-04] • Bureau of Internal Revenue (BIR) Issuances • Rulings (Unnumbered) • Dec 10, 2004
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December 10, 2004 BIR RULING [DA-623-04] 57 (B); DA 313-99 Y.F. Busmente & Associates Law Offices Suite 718, BPI Office Condominium Plaza Cervantes, Binondo MANILA Attention: Atty. Yolando F. Busmente Gentlemen : This refers to your letter requesting for a ruling as to whether or not payments made to your client, Grand Mabuhay Business Ventures, Inc., are exempt from creditable withholding tax. It is represented that Grand Mabuhay Business Ventures, Inc., is engaged in the business of providing cutting, trimming and sewing services to garment exporters under BIR Certificate of Registration No. OCN-4RC0000217989 dated May 12, 2004 with TIN 231-045-374. cHCSDa In reply thereto, please be informed that only payments made to persons enumerated in Revenue Regulations No. 2-98, implementing Section 57(B) of the Tax Code of 1997, are subject to the expanded withholding tax. Since payments made by the exporters for the cutting, trimming and sewing services of your client are not among those specified in the said regulations, consequently it is not subject to the expanded withholding tax prescribed in Revenue Regulations No. 2-98, as amended. 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.) JOSE MARIO C. BUAG Deputy Commissioner Legal & Inspection Group
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