BIR Ruling [DA-689-99]

December 14, 1999 BIR RULING [DA-689-99] Megaworld Properties and Holdings, Inc . 28/F The World Centre 330 Sen. Gil J. Puyat Avenue Makati City Attention: Atty. Garry V. De Guzman Gentlemen : This refers to your letter dated August 6, 1999 requesting for a confirmation of your opinion that the conveyance of the common areas by Menvir Realty Corp. (Menvir) in favor of Two Lafayette Square Condominium Association, Inc. is not subject to the documentary stamp tax and creditable withholding tax. It is represented that Menvir is the registered owner of a parcel of land located at Tordesillas Street, Salcedo Village, Makati City covered by Transfer Certificate of Title No. S-46238; that the subject property has a total area of One Thousand Sixty Nine square meters (1,069) sq. m.; that Menvir in an agreement with another real estate developer constructed on the above-stated property a twenty-eight storey condominium name "Two Lafayette Square"; that when the units were sold to the buyers, separate Deeds of Absolute Sale were executed and the corresponding documentary stamp taxes, withholding taxes and registration fees based on the prevailing market price of the units were paid; that Two Lafayette Square Condominium Association, Inc. was formed for the purpose of managing and holding title to all the common areas in the condominium project including, the land on which the condominium is located; and that a Deed of Conveyance was executed between Menvir and Two Lafayette Square Condominium Association, Inc. for the purpose of conveying title to the land. LexLib 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 a condominium corporation, no taxable income will be 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 the creditable withholding tax under Section 57(B) in relation to Section 27 of the Tax Code of 1997. Neither is it subject to the documentary stamp tax imposed under Section 196 of the same Code.. 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. 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, Commissioner of Internal Revenue By: (SGD.) SIXTO S. ESQUIVIAS IV Deputy Commissioner (Legal and Enforcement Group)