Ajcalado Property Holdings, Inc.

June 3, 2009 BIR RULING [DA-(DT-032) 270-09] Section 101 (A) (3); BIR Ruling No. DA-408-04 & DA-601-06 Ajcalado Property Holdings, Inc. 210 Sto. Cristo cor. San Gabriel Sts. San Antonio Valley XI Paraaque City Attention: Mr. Amador J. Calado, Sr. President and Chairman of the Board Gentlemen : This refers to your letter dated May 25, 2009 requesting for confirmation of your opinion that the donation of a parcel of land which will be used as a site of a chapel is exempt from the donor's tax pursuant to the provisions of Sec. 101 of the Tax Code of 1997. ADSTCI It is represented that on May 06, 2009, Ajcalado Property Holdings, Inc., a corporation organized and existing under the laws of the Republic of the Philippines with principal address at No. 21 Sto. Cristo cor. San Gabriel St. San Antonio Valley XI Paraaque City, executed a Deed of Donation in favor of the Roman Catholic Diocese of Alaminos, Province of Pangasinan over a portion (195 sq.m.) of a parcel of land covered by Transfer Certificate of Title No. 25545, situated in Barrio Lucero, Santiago Island, Municipality of Bolinao, Province of Pangasinan containing an area of One Thousand Six Hundred and Ninety Three (1,693) square meters. In reply, please be informed that gifts in favor of an educational and/or charitable, religious, cultural or social welfare corporation, institution, accredited nongovernment organization, trust or philanthropic organization or research institution or organization is exempt from the payment of the 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 said gift shall be used by the donee for administration purposes. TAcDHS Inasmuch as Roman Catholic Diocese of Alaminos is a religious organization, any donation to it is exempt from the payment of donor's tax pursuant to the above provisions of the Tax Code subject to the condition that not more than thirty percent (30%) of said gift shall be used by the donee for administration purposes. In case of donation of real property, the Register of Deeds shall annotate this condition at the back of the Transfer Certificate of Title because failure to comply with the said condition shall be a ground for the revocation of the donation pursuant to Article 764 of the New Civil Code. Section 185 of Regulations No. 26, otherwise known as the Revised Documentary Stamp Tax Regulations, implementing Title VII of the Tax Code, provides that conveyances of realties not in connection with a sale, to trustees or other persons without consideration are not taxable. Accordingly, the deed of donation is likewise, not subject to the documentary stamp tax prescribed under Section 196 of the Tax Code, as amended, but only to the documentary stamp tax of P15.00 imposed under Section 188 of the same Code (BIR Ruling No. DA-28-98 dated January 29, 1998). If the donor is a value-added tax (VAT) registered person and the donation is an ordinary asset, the donation is subject to VAT pursuant to Section 4.106-7 of Revenue Regulations No. 16-2005, as amended, the same being considered a transaction deemed sale. If the donor is not a VAT registered person, the donation is exempt from VAT. However, if the same property acquired by gift is subsequently conveyed by way of sale or exchange, the sale will be subject to corporate income tax on the gain realized which is determined by deducting from the gross selling price the historical cost or the adjusted basis thereof, as it would be in the hands of the donor, pursuant to Section 27 in relation to Section 101, both of the Tax Code of 1997, as amended, and consequently to the creditable expanded withholding tax under Section 2.57.2 of Revenue Regulations No. 2-98, as amended. If the Roman Catholic Diocese of Alaminos donates the same property donated to it to a nonexempt donee, Roman Catholic Diocese of Alaminos shall be liable for donor's tax pursuant to Section 98 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. aDICET Very truly yours, Commissioner of Internal Revenue By: (SGD.) JAMES H. ROLDAN Assistant Commissioner Legal Service