BIR Ruling No . 192-13

May 20, 2013 BIR RULING NO. 192-13 Section 30 (C) of the Tax Code of 1997, as amended; BIR Ruling No. 173-11 Philpop Musicfest Foundation, Inc. 1st Floor, Maynilad Water Service, Inc., MWSS Compound Katipunan Road, Balara, Quezon City Attention: Randolph T. Esrellado Treasurer Gentlemen : This refers to your letter dated June 1, 2012 requesting on behalf of PhilPop Musicfest Foundation, Inc. for tax exemption pursuant to Section 30 (C) of the Tax Code of 1997, as amended. It is represented that PhilPop Musicfest Foundation, Inc. with Taxpayer's Identification No. 008-290-427-000, 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. CN201209625 and with SEC Certificate of Incorporation dated October 19, 2012; and that the purposes for which it was incorporated are the following: "(a) Primary Purpose/s Provided a channel through which Filipino songwriters can create new songs, discover new expressions or genres in popular music (b) Secondary Purpose/s i. Spark a renewed awareness, enthusiasm and pride in Philippine music; ii. Start a brand new collection of freshly created Original Pilipino Music; DICcTa iii. Discover and promote new Filipino songwriters and singers; iv. Sue and be sued in its corporate name; v. Adopt and use a corporate seal; vi. Amend its articles of incorporation in accordance with the provisions of the corporation Code of the Philippines and/or its by-laws; vii. Adopt by-laws, not contrary to law, morals, or public policy, and to amend or repeal the same in accordance with the Corporation Code of the Philippines; viii. Admit members to the foundation; ix. Purchase, receive, take or grant, hold, convey, sell, lease, pledge, mortgage and otherwise deal with such real and personal properties, including securities and bonds of other corporations, and intellectual property, as the purpose of the foundation may reasonably and necessarily require, subject to the limitations prescribed by law and the Constitution; x. Receive and make reasonable donations, including those for the public welfare or for hospital, charitable, scientific, civic, or similar purposes, but excluding donations to corporations, domestic or foreign, in aid of any political party or candidate or for purposes of partisan political activity; xi. Establish pension, retirement, and other plans for the benefit of its trustees, officers, members and/or employees; and xii. Exercise such other powers as may be essential or necessary to carry out its purpose or purposes as stated in the articles or incorporation." In reply, please be informed that this Office cannot as yet issue the requested ruling/certificate of tax exemption because PhilPop Musicfest Foundation, Inc. has to prove by actual operation for at least three (3) years that it is really an organization/association exempt from income tax under Section 30 (C) of the Tax Code of 1997, as amended. TDcAIH PhilPop Musicfest Foundation, Inc. can file the necessary annual information return instead of an income tax return on or before the 15th day of the fourth month of the preceding accounting period following the start of its operation as an exempt organization 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. However, PhilPop Musicfest Foundation, Inc. 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. 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. It should be understood that PhilPop Musicfest Foundation, Inc. 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. 173-11 dated June 7, 2011) 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. TSAHIa Finally, it 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] . For purposes of securing a permanent exemption after the three (3)-year period, PhilPop Musicfest Foundation, Inc. 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 of 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) Certification under oath that there has not been any change in the Articles of Incorporation and/or By-laws; 5) Certified true copy of the Annual Information Returns and Financial Statements for the last three (3) years of operation; 6) BIR Certificate of Registration. ICcaST 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. Very truly yours, (SGD.) KIM S. JACINTO-HENARES Commissioner of Internal Revenue