Operator of Memorial Park Selling Burial Lots to the Public, Liability to Payment of Graduated Fixed Annual Tax

July 31, 1972 BIR RULING NO. 018-72 Operator of memorial park selling burial lots to the public, liability to payment of graduated fixed annual tax . Sir: This refers to your letters dated January 30, 1970 and March 23, 1972 requesting information as to the tax liability of an operator of a Memorial Park who sells burial lots to the public. In your second letter, you attached thereto samples of your Price List, Contract to Sell, Contract of Lease and Deed of Absolute sale. In reply, I have the honor to inform you that after a study of the sample contracts submitted to this Office, we have arrive at the conclusion that an operator of a Memorial Park selling burial lots to the public falls within the purview of a "real estate dealer" as the term is defined in Section 194(s) of the Tax Code, subject to the graduated fixed annual tax prescribed in Section 182(A) (3) (aa) of the Tax Code, as amended by Republic Act No. 6110, otherwise known as the Omnibus Tax Law. Very truly yours, (SGD.) MISAEL P. VERA Commissioner of Internal Revenue