BIR Ruling No. 144-10

December 13, 2010 BIR RULING NO. 144-10 Sec. 101 (A) (2) of the Tax Code of 1997; BIR Ruling No. S-30-017-2002; BIR Ruling No. [DA-308-06] Department of Energy 2B05 Building 2 Bonifacio High Street, Bonifacio Global City Taguig City Attention: Mylene C. Capongcol Director, Electric Power Management Bureau and Project Director, Rural Power Project Gentlemen : This refers to your letter dated September 17, 2010 requesting exemption from the payment of donor's tax on the donation of one (1) unit of Toyota Fortuner (2005 model) by the United Nations Development Program (UNDP) to the Department of Energy, described as follows: IcTCHD Make: Toyota Fortuner V 4X4D Model: 2005 Color: Black Engine No.: 1KD-951672 Chassis No.: MR07YZ59G-7000 In reply, please be informed that inasmuch as the donee is a political subdivision of the government, the aforesaid donation is exempt from the payment of donor's tax pursuant to Section 101 (A) (2) of the Tax Code of 1997, as amended. Moreover, the Deed of Donation is not subject to documentary stamp tax. However, the acknowledgment on said deed is subject to the documentary stamp tax of P15.00 imposed under Section 188 of the Tax Code of 1997, as amended. (BIR Ruling No. DA-S30-017-2002 dated July 23, 2002) This ruling is being issued on the basis of the foregoing facts as represented. However, if upon investigation it will be disclosed that the facts are different, then this ruling shall be considered null and void. SaCIDT Very truly yours, (SGD.) KIM S. JACINTO-HENARES Commissioner of Internal Revenue