BIR Ruling No. 131-82

April 22, 1982 BIR RULING NO. 131-82 192-3-aa 000-00 131-82 Dr. Jose S. Soco Hagonoy, Bulacan S i r : In reply to your letter dated September 13, 1980, I have the honor to inform you that Section 192(3)(aa) of the Tax Code, as amended by Presidential Decree No. 1457 increasing the rates of fixed tax payable by real estate dealers took effect on June 11, 1978. (See Revenue Memorandum Circular No. 88-78, October 30, 1978) Accordingly, with your payment of the amount of P150.00 on January 3, 1978 representing the old rate of real estate dealer's fixed tax for the year 1978 based on an annual income of less than P10,000.00, you are no longer liable for the payment of the difference between said amount and the amount of P300.00 representing the new rates of fixed tax prescribed by P.D. No. 1457. To hold you liable for the payment of said difference will render the operation of P.D. No. 1457 retroactive rather than prospective, which cannot be done as it would contravene Section 5 of said Decree that the same takes effect prospectively, i.e., upon its approval on June 11, 1978. ( Commissioner of Internal Revenue vs. Filipinas Compania De Seguros, G.R. No. L-14880, April 29, 1960). Very truly yours, RUBEN B. ANCHETA Acting Commissioner