BIR Ruling No. 095-10

October 6, 2010 BIR RULING NO. 095-10 Section 101 (A) (3); BIR Ruling No. DA-028-98 Mrs. Brigida C. Carillas Elsia C. Carillas and Judith C. Carillas Peaceville, Kansang-an Pardo, Cebu City Mesdames : This refers to your letter dated November 23, 2009, indorsed by the Regional Director, Revenue Region No. 13, Cebu City, requesting for exemption from donor's tax relative to your donation of real property to Julio Igot Carillas Mission Center, Inc. It appears that you are the registered owners of a parcel of land covered by Transfer Certificate of Title (TCT) No. 33044 with an area of 1,692 square meters situated at Highway Mactan, Barangay Mactan, Lapu-lapu City ("subject property"). On the other hand, Julio Igot Carillas Mission Center, Inc. is a non-stock, non-profit religious corporation registered with the Securities and Exchange Commission (SEC) under Company Registration No. CN200727398. On August 31, 2007, you executed a Deed of Donation in favor of Julio Igot Carillas Mission Center, Inc. for and in consideration of social commitment and the realization of the dream of the late Julio Igot Carillas to support Roman Catholic evangelization transferring the subject property to the organization. SaCIDT In reply, please be informed that inasmuch as the donee is a religious organization, the aforementioned donation is exempt from the payment of donor's tax pursuant to Section 101 (A) (3) of the Tax Code of 1997, subject to the condition that not more than 30% of said gift shall be used by the donee for administration purposes. Moreover, the deed of donation will not be subject to the documentary stamp tax prescribed under Section 196 of the Tax Code of 1997, but only to the documentary stamp tax of P15.00 imposed under Section 188 of the same Tax Code. This ruling is being issued on the basis of the foregoing facts as represented. However, if upon investigation, it will be ascertained that the facts are different, then this ruling shall be considered as null and void. Very truly yours, (SGD.) KIM S. JACINTO-HENARES Commissioner of Internal Revenue