City Government of Marikina City Legal Office
BIR Ruling [DA-(DT-016) 321-08] • Bureau of Internal Revenue (BIR) Issuances • Rulings (Unnumbered) • Oct 20, 2008
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October 20, 2008 BIR RULING [DA-(DT-016) 321-08] Sec. 101 (A) (2); DA-618-04 City Government of Marikina City Legal Office Marikina City Hall 2nd Floor, Shoe Avenue, Sta. Elena Marikina City Attention: Atty. Nancy Villanueva Teylan Acting City Attorney Gentlemen : This refers to your letter dated August 01, 2008 requesting for exemption from the payment of donor's tax relative to the donation of real property by Malanday Realty & Development Corporation in favor of the City Government of Marikina. Documents show that on May 06, 2008, a Deed of Donation was executed by and between Malanday Realty & Development Corporation, as represented by its Treasurer Ester Tanco Gabaldon and its Asst. Treasurer, Helen K. Ang and the City Government of Marikina, as represented by its City Mayor, the Hon. Ma. Lourdes C. Fernando, transferring to the City Government of Marikina parcels of land with a total area of 32,913 square meters situated in Marikina City and covered by Transfer Certificate of Title Nos. 485837, 468697, 468696, 485835 and 485836 consisting of 983 sq.m., 680 sq.m. 8,170 sq.m., 17,510 sq.m. and 5,570 sq.m., respectively; and that the City Government of Marikina is a public corporation. In reply, please be informed that since the donee is a political subdivision of the Government, the aforementioned donation of a parcel of land 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. AScHCD 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. Very truly yours, Commissioner of Internal Revenue By: (SGD.) JAMES H. ROLDAN Assistant Commissioner Legal Service
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