BIR Ruling No. 019-15

January 26, 2015 BIR RULING NO. 019-15 Sec. 2 (t), Rev. Bulletin No. 1-2003; BIR Ruling No. 082-10 San Miguel Corporation 40 San Miguel Avenue Mandaluyong City Attention: Atty. Noel D. Balsicas Manager, Labor Relations, Corporate Human Resources Gentlemen : This refers to your letter dated June 28, 2011 addressed to the Regional Director of Department of Labor and Employment and was forwarded to the Office of the Deputy Commissioner, Legal and Inspection Group through Endorsement dated November 4, 2011 requesting for legal opinion on the taxability of the Cost of Living Allowance (COLA) received by employees of SAN MIGUEL CORPORATION who are minimum wage earners pursuant to Wage Order No. NCR-16. In reply, it is noted that the query contained in your letter request has been sufficiently addressed in Revenue Memorandum Circular No. 23-2011, June 8, 2011. In as much as your query does not pose any legal question for this Office to address, this Office considers this matter as "No-Ruling Area" under Revenue Bulletin No. 1-2003 dated July 14, 2003. Please be further informed that the power to interpret tax laws as well as confirm tax exemptions and/or tax incentives granted by law to taxpayers is within exclusive and original jurisdiction of the Commissioner of Internal Revenue, subject to review by the Secretary of Finance, pursuant to Section 4 of the Tax Code of 1997, as amended. We advise that either SAN MIGUEL CORPORATION or its clients may obtain a confirmatory ruling covering a specific transaction from the Law Division of this Bureau. IEcDCa Very truly yours, (SGD.) KIM S. JACINTO-HENARES Commissioner of Internal Revenue