Our Lady of Mt. Carmel Parish

May 8, 2009 BIR RULING [DA-(DT-024) 225-09] 101 (A) (3); DA-618-2004 Our Lady of Mt. Carmel Parish Don Andres Soriano, Toledo City Attention: Rev. Fr. Domingo S. Tapic Parish Priest Gentlemen : This refers to your letter dated April 8, 2008, as indorsed by the Regional Director, Revenue Region No. 13, Cebu City, requesting for a ruling that the donation by Mr. Gener E. Asuncion of a parcel of land in favor of the Roman Catholic Archbishop of Cebu (RCAC) is exempt from donor's tax. Documents submitted show that Gener E. Asuncion is the owner in fee simple of a property located at Sitio Masaba, Barangay Don Andres Soriano, Toledo City, more particularly described as Lot 10046, Cad. 356-D, Toledo Cadastre with an area of 17,660 sq.m. as evidence by Tax Declaration No. 96-149016-01860. The aforesaid lot has no certificate of title on file with the Registry of Deeds of Toledo City per Certification issued on October 2, 2008 by OIC-Register of Deeds Rizalina Rafols-Dulfo. On October 5, 2004, a Deed of Donation was executed by and between Gener E. Asuncion and RCAC, whereby the former will transfer the subject property to the latter to be used as a cemetery of the parochial jurisdiction of the Our Lady of Mt. Carmel Parish within the Archdiocese of Cebu. In reply, please be informed that inasmuch as the donee is a religious corporation, the above-stated donation is exempt from the payment of donor's tax pursuant to Section 101 (A) (3) of the Tax Code of 1997. Moreover, the subject donation will not be subject to the documentary stamp tax prescribed under Section 196 of the Tax Code of 1997, but the Deed of Donation shall be subject to the notarial acknowledgment of P15.00 imposed under Section 188 of the same Tax Code. This ruling is being issued on the basis of the foregoing facts as represented. However, if upon investigation it will be ascertained that the facts are different, then this ruling shall be considered as null and void. aScITE Very truly yours, Commissioner of Internal Revenue By: (SGD.) JAMES H. ROLDAN Assistant Commissioner Legal Service