Request for Exemption from the Donor's Tax of the Donation of Five (5) Parcels of Land in Favor of the Prior Provincial of the Augustinian Province of Santo Niño de Cebu, Philippines, Inc.

February 11, 1994 BIR RULING NO. 054-94 94 (a) (3) 301-92 054-94 Guadalupe Estate, Inc. Room 24, 2/F Facilities Center Bldg. Shaw Blvd., Mandaluyong, Metro Manila Attention: Mr . Honorato R . Santos Treasurer S i r : This refers to your letter dated April 5, 1993 requesting exemption from the donor's tax under Section 94(a)(3) of the Tax Code, as amended, of your donation of five (5) parcels of land situated in Tala, Kalookan City covered by Transfer Certificates of Title Nos. 59216, 57794, 57795, 57796 and 57797 of the Register of Deeds of Kalookan City in favor of the Prior Provincial of the Augustinian Province of Santo Nio de Cebu, Philippines, Inc. (commonly known as Philippine Augustinians, Inc.) pursuant to the Deeds of Conditional Donation you executed on March 25, 1993. It appears that the Prior Provincial of the Augustinian Province of Santo Nio de Cebu, Philippines, Inc. is a religious corporation sole duly organized and existing under Philippine laws; that it is charged with the administration of its temporalities and management of its estates and properties; that it is maintained principally from contributions and/or donations of its members and that no part of its net income inures to the benefit of any private individual or members; that a certificate of tax exemption was issued by this Office on July 15, 1987 to the said religious corporation pursuant to Section 27(e) (now Section 26(e)) of the Tax Code, as amended. In reply thereto, please be informed that inasmuch as the donee is a religious institution, the aforementioned donation is exempt from the payment of donor's tax pursuant to Section 94(a)(3) of the Tax Code, as amended, subject to the condition that not more than 30% of said gift shall be used by the donee for administration purposes. cdtech Very truly yours, LIWAYWAY VINZONS-CHATO Commissioner of Internal Revenue