BIR Ruling No. 296-82
BIR Ruling No. 296-82 • Bureau of Internal Revenue (BIR) Issuances • Rulings (Numbered) • Nov 23, 1982
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November 23, 1982 BIR RULING NO. 296-82 204-00 276-81 296-82 Foundation for the Rehabilitation and Prevention of Blindness in the Philippines, Inc. Suite 504 Sunvesco Building Corner Taft Avenue and T. M. Kalaw St. Ermita, Manila Attention: Atty . Avelino O . Bernales President Gentlemen : In reply to your letter dated June 29, 1982, please be informed that the goods which you receive as donations from abroad even if intended for free distribution in the Philippines are subject to the compensating tax imposed under Section 204 of the Tax Code. It should be noted that this provision of law enumerates the articles which are not subject to compensating tax and those imported and/or received from abroad by non-profit charitable organizations like this organization are not included in the enumeration (BIR Ruling No. 204-00-000-00-276-81). As regards your foreign donations consisting of cash items, the same are exempt from the donors/gift tax, provided that not more than 30% of said gifts shall be used for administration purposes, [Sec. 123(b)(2), Tax Code]. As regards your exemption from customs duties and amusement taxes, your inquiry should be addressed to the Bureau of Customs and the Ministry of Finance, respectively. Very truly yours, RUBEN B. ANCHETA Acting Commissioner
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