Date of Filing ITR

August 20, 1959 BIR RULING NO. 404-59 Messrs. Sycip, Gorres, Velayo & Co. Certified Public Accountants P. O. Box 589, Manila Gentlemen : Reference is made to your letter of the 14th instant, requesting opinion as to the date a corporation with fiscal year ended June 30, 1959 should file its income tax return whether within sixty (60) days after the close of said fiscal year, pursuant to sec. 46(b) of the Tax Code before its amendment by Republic Act No. 2343, or on before the 15th day of the fourth month following the close of that fiscal year, pursuant to section 46(b) after its said amendment. Section 13 of Republic Act No. 2343 provides as follows: "This Act shall take effect upon its approval: Provided , That the rate hereinabove stipulated shall apply to income received from January first, nineteen hundred and fifty-nine, for fiscal periods ending after June thirty, nineteen hundred and fifty-nine." The aforequoted provisions are so clear as to leave no room for interpretation. Accordingly, and considering that Republic Act No. 2343 took effect on June 20, 1959, the date of approval thereof, this Office is of the opinion and so holds that while the corporation in question is not subject to the increased rate of income tax on the income it received during the fiscal year ended June 30, 1959, nevertheless, it should file its return covering such income on or before October 15, 1959. cdtech Very truly yours, (SGD.) MELECIO R. DOMINGO Commissioner of Internal Revenue