Senior Citizen's Request for Tax Refund Denied

June 18, 1993 BIR RULING NO. 261-93 SENIOR CITIZEN'S REQUEST FOR TAX REFUND DENIED 21 (c) (1) 000-00 261-93 Mr. Felix Montemayor 3 Dama de Noche St. Araneta University Village Malabon, M.M. This refers to your letter dated November 23, 1992 requesting for a refund of the respective amounts of P15,884.07 and P15,982.16, representing the 20% final withholding tax on your royalty income for the taxable years 1990 and 1991. It is represented that you are already 75 years of age; that as such, you are already a senior citizen, hence, exempt from the payment of income tax in accordance with Section 4 of R.A. 7432; that your only source of income is the royalty you receive from the National Book Store as author of books. In reply, please be informed that although you can be considered as a senior citizen because of your age, pursuant to Section 2 of R.A. No. 7432, which was approved on April 23, 1992, the income tax sought to be refunded was deducted and withheld from income earned by you in 1990 and 1991. It is with deep regret, therefore, that we could not grant your request for refund of the final income tax which had been withheld from you for the aforesaid years because tax laws are not retroactive, but rather prospective in application. cdtech LIWAYWAY VINZONS-CHATO Commissioner of Internal Revenue