Empowerment Through Education, Inc.

June 6, 2019 BIR RULING NO. 349-19 Section 30 (E) of the NIRC of 1997, as amended; RMO No. 20-2013; RMC No. 051-14; BIR Ruling No. 466-2014 Empowerment Through Education, Inc. 11 Atlanta Centre, 31 Annapolis Street, Greenhills, San Juan, Metro Manila Attention: AAA _______________ Madam : This refers to your letter dated December 5, 2016 applying on behalf of EMPOWERMENT THROUGH EDUCATION, INC. for tax exemption certificate being enjoyed by non-stock, non-profit corporation or association under Section 30 (E) of the National Internal Revenue Code (NIRC) of 1997, as amended. It is represented that EMPOWERMENT THROUGH EDUCATION, INC. with BIR Taxpayer's Identification No. (TIN) 000-000-000-000 and Certificate of Registration No. OCN 3RC0000473023 dated June 8, 2010, is a non-stock, non-profit association duly organized and existing under the laws of the Republic of the Philippines; that it is registered with the Securities and Exchange Commission (SEC) under Company Registration No. CN201002004; and that the purposes 1 for which the association was incorporated are: 1. To promote education by encouraging the children and youth to pursue formal or informal education, grant scholarships to deserving students and professional chairs for the enhancement of professional courses; 2. To extend relief to the poor, distressed, and underprivileged; 3. To undertake and/or assist in the amelioration of the living conditions of distressed citizens, protect and develop the children and youth through education and other means, provide for the rehabilitation of the youth; 4. To promote control, prevention and treatment of communicable and degenerative diseases, accidents and other health disabilities, environment sanitation and reduce the prevalence of malnutrition and increase the energy and protein intake among households; and 5. To operate exclusively for educational, health, social welfare, and/or charitable purposes. In reply, please be informed that Section 30 of the National Internal Revenue Code of 1997, as amended, enumerates the non-stock and/or non-profit corporations/associations/organizations that are exempt from income tax in respect to income received by them as such. Section 30 (E) of the National Internal Revenue Code of 1997, as amended, provides, viz. : " Sec. 30. Exemptions from Tax on Corporations. The following organizations shall not be taxed under this Title in respect to income received by them as such: xxx xxx xxx (E) Nonstock corporation or association organized and operated exclusively for religious, charitable, scientific, athletic, or cultural purposes, or for the rehabilitation of veterans, no part of its net income or asset shall belong to or inure to the benefit of any member, organizer, officer or any specific person;" xxx xxx xxx" "Non-stock" means "no part of its income is distributable as dividends to its members, trustees, or officers" and that any profit "obtained as an incident to its operations shall, whenever necessary or proper, be used for the furtherance of the purpose or purposes for which the corporation was organized." 2 "Non-profit" means that "no net income or asset accrues to or benefits any member or specific person, with all the net income or asset devoted to the institution's purposes and all its activities conducted not for profit." 3 Revenue Memorandum Circular (RMC) No. 51-2014 has clarified that in order for an entity to qualify as a non-stock and/or non-profit corporation/association/organization exempt from income tax under Section 30 of the National Internal Revenue Code, as amended, its earnings or assets shall not inure to the benefit of any of its trustees, organizers, officers, members or any specific person. The following are considered "inurements" of such nature: 1. The payment of compensation, salaries, or honorarium to its trustees or organizers; x x x. In the submitted documents of EMPOWERMENT THROUGH EDUCATION, INC. , it was disclosed that Board of Trustees are entitled to compensation or remuneration. Article II of the By-Laws of EMPOWERMENT THROUGH EDUCATION, INC. , states that: "Section 1. Board of Trustees. The corporate powers of the Association, including the power to administer the funds, shall be exercised, its business conducted and its property controlled by the Board of Trustees. All the members of the Board of Trustees shall receive such compensation or remuneration for their service to the Association, as may be approved by the Board in accordance with law." The giving of compensation to the members of the Board of Trustees is considered a distribution of the equity (including the net income) of EMPOWERMENT THROUGH EDUCATION, INC. This is a form of private inurement which the law prohibits in the organization and operation of a non-stock, non-profit corporation. This act violates the requirement that no part of the net income or assets of the corporation shall inure to the benefit of any individual or specific person. Thus, EMPOWERMENT THROUGH EDUCATION, INC. cannot be qualified as a non-stock, non-profit corporation under Section 30 (E) of the National Internal Revenue Code of 1997, as amended. Please bear in mind that, "being a non-stock and/or non-profit corporation does not, by this reason alone, completely exempt an institution from tax." 4 Thus, "statutes granting tax exemptions are construed strictissimi juris against the taxpayer and liberally in favor of the taxing authority. A claim of tax exemption must be clearly shown and based on language in law too plain to be mistaken. Otherwise stated, taxation is the rule, exemption is the exception. The burden of proof rests upon the party claiming the exemption to prove that it is in fact covered by the exemption so claimed." 5 (BIR Ruling No. 466-2014 dated November 19, 2014) In view of the foregoing, the request of EMPOWERMENT THROUGH EDUCATION, INC. to be exempted from income tax on its income as a Section 30 (E) corporation is hereby denied as it failed to prove that it is a non-profit corporation. Therefore, EMPOWERMENT THROUGH EDUCATION, INC. shall be treated as an ordinary corporation subject to thirty percent (30%) income tax rate pursuant to Section 27 (A) and other internal revenue taxes imposed by the National Internal Revenue Code of 1997, as amended. Please be guided accordingly. Very truly yours, (SGD.) CAESAR R. DULAY Commissioner of Internal Revenue Footnotes 1. Articles of Incorporation adopted on February 16, 2010. 2. Section 87, Corporation Code. 3. CIR vs. St. Luke's Medical Center, Inc. , G.R. Nos. 195909 and 195960 dated 26 September 2012. 4. CIR vs. St. Luke's Medical Center, Inc. [G.R. No. 195909 & G.R. No. 195960, 26 September 2012]. 5. Quezon City and The City Treasurer of Quezon City vs. ABS-CBN Broadcasting Corporation [G.R. No. 166408, 6 October 2008].