City Legal Office

January 22, 2010 BIR RULING [DA-(DT-001) 010-10] Section 101 (A) (2); BIR Ruling No. DA-600-06 City Legal Office City of Marikina Sta. Elena, Marikina City Attention: Nancy Villanueva Teylan City Attorney Gentlemen : This refers to your letter dated January 7, 2010 requesting the exemption of a donation of real property in favor of the City Government of Marikina from donor's tax and documentary stamp tax. Documents submitted show that Spouses Evangeline and Antonio Rafael, both residents of Marikina City, executed a Deed of Donation in favor of the City Government of Marikina, a public corporation represented by its Mayor, Hon. Ma. Lourdes C. Fernando, transferring a certain real property with improvements thereon, with an area of 146 square meters, covered by Transfer Certificate of Title No. T 317187, and located at #51 Guatemala Street, Loyola Grand Villas, Malanday, Marikina City. In reply, please be informed that since the donee, City Government of Marikina, is a political subdivision of the Government, the aforementioned donation of real property is exempt from the payment of donor's tax pursuant to Section 101 (A) (2) of the Tax Code of 1997, as amended. Moreover, the aforesaid Deed of Donation is not subject to the documentary stamp tax under Section 196 of the Tax Code of 1997, as amended, but only to the documentary stamp tax of P15.00 on certification under Section 188 of the same Code. 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 as null and void. DHTECc Very truly yours, (SGD.) MARISSA O. CABREROS OIC-Assistant Commissioner Legal Service