Request for Exemption from the Creditable Expanded Withholding Tax of the Money Payments on Sale of Gasoline/Diesoline to the Municipality of Taguig

June 15, 1995 BIR RULING NO. 094-95 103 (d) 000-00 094-95 MPI Gasoline Station Tuktukan, Taguig Metro Manila Attention: Mr . Mauro P . Ignacio Gentlemen : This refers to your letter dated March 25, 1994, requesting exemption from the creditable expanded withholding tax of the money payments on your sale of gasoline/diesoline to the Municipality of Taguig during the period from September to December 1993. In reply, please be informed that pursuant to Section 103(d) of the Tax Code, as amended, the sale or importation of petroleum products (except lubricating oil, processed gas, grease, wax and petrolatum) shall be exempt from the value-added tax. Such being the case, the collection and/or withholding of the creditable value-added tax prescribed by R.A. No. 7649, as implemented by Revenue Regulations No. 10-93, on the income payments to you, as seller of gasoline/diesoline is without any legal basis. You may therefore, file with our Appellate Division, a written claim for refund/tax credit of the amount withheld by the Municipal Treasurer of Taguig on your said income payments, if the same was actually remitted to this Bureau. Very truly yours, LIWAYWAY VINZONS-CHATO Commissioner of Internal Revenue