BIR Ruling No. 123-11

April 12, 2011 BIR RULING NO. 123-11 Section 30 (G) of the Tax Code of 1997; BIR Ruling No. 015-95; BIR Ruling No. DA-252-99; BIR Ruling No. [NSNP-(S30G-016) 125-09] Picazo Buyco Tan Fider & Santos Law Offices 18th, 19th & 17th Flrs.,Liberty Center 104 H.V. Dela Costa St.,Salcedo Village Makati City Attention: Atty. Jonas-Karl V. Perez and Atty. Maria Celsa Corina L. Kilayko Gentlemen : This refers to your letter dated February 10, 2010 requesting on behalf of your client, Metro Pacific Investments Foundation, Inc. (MPIFI) for the issuance of a confirmatory ruling on the exemption enjoyed by a civic league or organization not organized for profit but operated exclusively for the promotion of social welfare pursuant to Section 30 (G) of the Tax Code of 1997, as amended. EHSTDA It is represented that MPIFI with Taxpayer's Identification No. 007-282-268, is a non-stock, non-profit corporation duly organized under the laws of the Philippines; that it is registered with the Securities and Exchange Commission (SEC) under Registration No. CN200905546 dated April 21, 2009; and that the purposes for which it was incorporated are the following: (a) To formulate, initiate, undertake, promote, sponsor, assist, support and/or finance projects, programs and activities for the improvement of civic consciousness, livelihood, community welfare, social education and public health in the Philippines; (b) To conduct, undertake, sponsor, publish and/or disseminate scientific and/or technical research and development studies for the social and economic upliftment and improvement of the living conditions and quality of life of the Filipinos; (c) To finance research grants and the creation of professional chairs for the above purposes and, generally for the conduct of researches, investigations and studies on scientific, technological, economic, financial and social problems; (d) To foster educational opportunities by granting scholarships to deserving students or giving grants to educational institutions for the establishment of student grants and loan funds; (e) To initiate, undertake, support, sponsor and/or finance disaster relief rehabilitation and support programs, projects and activities. In reply, please be informed that this Office cannot as yet issue the requested ruling/certificate of tax exemption because MPIFI has to prove by actual operation for at least three (3) years that it is really an organization exempt from income tax under Section 30 (G) of the Tax Code of 1997, as amended. MPIFI can file the necessary annual information return instead of an income tax return on or before the 15th day of the fourth month following the end of its taxable year as required under Section 24 of Revenue Regulations No. 2-40 dated February 10, 1940 ( Collector vs. Sinco, G.R. L-9276 dated October 23, 1956) .Based on such information return, we shall conduct the necessary investigation on the activities undertaken during the period. The letter of exemption shall thereafter be issued depending upon the result of our investigation. (BIR Ruling No. DA-252-99 dated April 23, 1999) ETHaDC However, MPIFI is subject to the corresponding internal revenue taxes imposed under the National Internal Revenue Code on its income derived from any of its properties, real or personal, or any activity conducted for profit regardless of the disposition thereof, which income should be returned for taxation. (BIR Ruling No. 015-95 dated February 9, 1995) Likewise, interest income from currency bank deposits and yield or any other monetary benefits from deposit substitute instruments and from trust funds and similar arrangements, and royalties derived from sources within the Philippines are subject to the 20% final withholding tax: provided, however, that interest income derived by it from a depository bank under the expanded foreign currency deposit system shall be subject to 7-1/2% final withholding tax pursuant to Section 27 (D) (1), in relation to Section 57 (A), both of the Tax Code of 1997. Moreover, it is required to file on or before the 15th day of the fourth month following the end of the accounting period a Profit and Loss Statement and Balance Sheet with the Annual Information Return under oath, stating its gross income and expenses incurred during the preceding period and a certificate showing that there has not been any change in its By-laws, Articles of Incorporation, manner of operation and activities as well as sources and disposition of income. (BIR Ruling No. [NSNP-(S30G-016) 125-09] dated February 24, 2009) It should be understood that the said exempt organization shall be constituted as withholding agent of the government if it acts as an employer and its employee receives compensation income subject to the withholding tax under Section 79 (A), Chapter XIII, Title II of the Tax Code of 1997, as implemented by Revenue Regulations No. 2-98, as amended, or if it makes income payments to individuals or corporations subject to the expanded withholding tax provided for in Section 57 (B) of the Tax Code of 1997, also as implemented by Revenue Regulations No. 2-98, as amended. (BIR Ruling No. DA-252-99 dated April 23, 1999) . Under Section 235 of the Tax Code of 1997, any provision of existing general and special law to the contrary notwithstanding, the books of accounts and other pertinent records of tax-exempt organizations or grantees of tax incentives shall be subject to examination by the BIR for purposes of ascertaining compliance with the conditions under which it has been granted tax exemptions or tax incentives, and its tax liabilities, if any. MPIFI is subject to the payment of the annual registration fee of PhP500.00 as prescribed in Section 236 (B) of the Tax Code of 1997, as amended. It is also required under Section 6 (C) in relation to Section 237 of the same Code to issue duly registered receipts or sales or commercial invoices for each sale or transfer of merchandise or for services rendered which are not directly related to the activities for which the Association is registered. [Revenue Memorandum Circular (RMC) No. 76-2003] SDHAcI Finally, for purposes of securing a permanent exemption after the three (3)-year period, MPIFI is required to submit the following documents pursuant to Revenue Memorandum Circular No. 14-2001: 1) Certified true copy of the Certificate of Registration with the SEC; 2) Certified true copy of the Articles of Incorporation which includes the following provisions: a. That the corporation is non-stock, non-profit; b. That the primary purpose for which it was created is one of those enumerated under Sec. 30 of the Tax Code of 1997, as amended; c. That no part of the net income shall inure to the benefit of any its members; d. That the trustees do not receive any compensation; and e. In case of dissolution, assets of the corporation shall be transferred to similar institution or to the government. 3) Certified true copy of the By-Laws; 4) Certified true copy of the Annual Information Returns and Financial Statements for the last three (3) years of operation; 5) Certification under oath that there has not been any change in the By-Laws, Articles of Incorporation, manner of activities as well as the sources and disposition of income; and 6) BIR Certificate of Registration. This ruling is being issued on the basis of the foregoing facts as presented. 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