Heirs of Candido Cadiz

November 3, 2008 BIR RULING [DA-(DT-021) 383-08] DA611-06 Heirs of Candido Cadiz Lindaville Subdivision Tagbilaran City Gentlemen : This refers to your request for exemption from the payment of donor's tax, which was referred to this Office by Revenue Region No. 13, Cebu City, by way of its 1st Indorsement dated May 13, 2008, relative to the Deed of Donation executed on January 30, 2004 in favor of Barangay West Poblacion, Garcia-Hernandez, Bohol, pursuant to Section 101 (A) (2) of the Tax Code of 1997, as implemented by Revenue Regulations No. 2-2003. It appears that the late Candido Cadiz died intestate on June 10, 1990 in Tagbilaran City; that at the time of his demise, he was the owner of a portion of parcel of land containing an area of 178 square meters under Lot No. 4517-B; and that on January 30, 2004, the Heirs of the late Candido Cadiz executed an Extrajudicial Settlement of Estate with Simulatenous Donation in favor of Barangay West Poblacion, Garcia-Hernandez, Bohol, over a parcel of land located in the same barangay. In reply thereto, 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. Moreover, the aforesaid donation is not subject to the documentary stamp tax under Section 196 of the Tax Code of 1997 but is subject to the documentary stamp tax of P15.00 prescribed in Section 188, supra. 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