Atty. Jose P. Garcia

October 17, 2008 BIR RULING [DA-(DT-015) 314-08] 101 (A) (3); DA-009-2003 Atty. Jose P. Garcia 322 U.P. Bliss, Diliman Quezon City S i r : This refers to your letter dated October 07, 2008 requesting on behalf of your client, Anabel O. Valencia, for exemption from the payment of donor's tax on its donation of a parcel of land to the Society of Claretian Missionary Sisters, Inc. It is represented that the Society of Claretian Missionary Sisters, Inc. is a non-stock, non-profit religious corporation duly registered with the Securities and Exchange Commission under SEC Registration No. A200114501 dated September 24, 2001; that the main objectives for which the corporation was formed is to engage in all kinds of charitable, educational, social, missionary and religious works or activities for the advancement and propagation of the Roman Catholic Faith and to administer its temporalities and the management of its properties and estates; that a parcel of land being donated is situated at Brgy. Salaban, Amadeo, Cavite, covered by Original Title No. OP-1510 consisting of 2,095 square meters more or less; that Anabel O. Valencia cedes, transfers and conveys by way of donation to the Society of Claretian Missionary Sisters, Inc. the above-described realty together with all improvements, if any, free from all liens, encumbrances and charges whatsoever; and that the donee accepts and receives the donation with gratefulness. In reply, please be informed that inasmuch as the donee is a religious corporation, the aforementioned donation is exempt from the payment of donor's tax pursuant to Section 101 (A) (3) of the Tax Code of 1997, as amended, subject to the condition that not more than 30% of the gift shall be used by the donee for administration purposes. cCHITA Moreover, the Deed of Donation is not subject to documentary stamp tax. However, the acknowledgement on said deed is subject to the documentary stamp tax of P15.00 imposed under Section 188 of the Tax Code of 1997, 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.) JAMES H. ROLDAN Assistant Commissioner Legal Service