BIR Ruling No. 149-13
BIR Ruling No. 149-13 • Bureau of Internal Revenue (BIR) Issuances • Rulings (Numbered) • Apr 15, 2013
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April 15, 2013 BIR RULING NO. 149-13 Sec. 101 (A) (3) of the Tax Code of 1997; BIR Ruling No. 387-11; BIR Ruling No. 300-11 Work of Mary or Focolare Movement-For Men, Inc. 4800 Valenzuela Street, Sta. Mesa, Manila Attention: Raymond M. Asprer Director Gentlemen : This refers to your letter dated December 10, 2012 requesting for exemption from the payment of donor's tax on the donation of land. cEaACD It is represented that the Gaspar G. Guy with Tax Identification Number 221-316-956-000 is the owner of parcel of land identified as Lot 13, Blk 1, of the subd. Plan PSD-29373, LRC Rec. Nos. 699, 875 & 917 covered by Transfer Certificate of Title (TCT) No. 64397 issued by the Registry of Deeds for the Province of Rizal, Metro Manila Dist II containing an area of two thousand square meters (2,000 sq.m.); that on the other hand, Work of Mary or Focolare Movement-For Men, Inc. is a religious movement, which is part of the Catholic Church duly organized and existing under the laws of the Philippines and registered with the Securities and Exchange Commission (SEC) under SEC Registration No. 30640; and that on November 27, 2012, a Deed of Donation and Acceptance of Real Property was executed whereby Gaspar G. Guy transfers and conveys the above-mentioned subject property to the Work of Mary or Focolare Movement-For Men, Inc. In reply thereto, please be informed that inasmuch as the donee is a religious corporation, 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 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. 387-11 dated October 18, 2011 and BIR Ruling No. 300-11 dated May 12, 2011) 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. THEcAS Very truly yours, (SGD.) KIM S. JACINTO-HENARES Commissioner of Internal Revenue
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