BIR Ruling No. 431-12

June 25, 2012 BIR RULING NO. 431-12 Section 30 (C) of the Tax Code of 1997; BIR Ruling No. 264-2011 State Prosecutors and Prosecution Attorneys' Association, Inc. Department of Justice (Main Office), Padre Faura St., Ermita, Manila Attention: ASP Cielito C. Celi President Gentlemen : This is to acknowledge receipt of your letter dated 24 January 2012, requesting for the issuance of a Certificate of Tax Exemption enjoyed by non-stock and non-profit organizations under Section 30 (C) of the National Internal Revenue Code of 1997, as amended. Documents submitted disclose that STATE PROSECUTORS AND PROSECUTION ATTORNEYS' ASSOCIATION, INC. ("SPPAAI" for brevity) with Taxpayer Identification No. 008-077-883-000, 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 SEC Reg. No. CN201111523 dated July 6, 2011 with principal address at Department of Justice (Main Office), Padre Faura St., Ermita, Manila; and that the purposes for which it was incorporated are: 1. To foster harmonious relationship among members; 2. To protect and uphold the members individual and collective rights; 3. To empower the members for the promotion of our common interests, social, moral and economic well being; 4. To maintain camaraderie among members; and 5. To nurture professionalism in rendering services In support of its request, SPPAAI has submitted the following documents: 1) Letter of application for tax exemption; 2) Certified true copy of the Certificate of Registration with the SEC; cTESIa 3) Certified true copy of the Amended 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(C) 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 members of the Board of Trustees do not receive compensation or remuneration; and e. In case of dissolution, assets of the corporation shall be transferred to similar institution or to the government. 4) Certified true copy of the By-laws; 5) Certified true copies of the Financial Statements for the last three (3) years of operation and the corresponding Annual Income Tax Returns; 6) Certification under oath that there has not been any change in the By-laws, Articles of Incorporation, manner of activities as well as the sources and disposition of income; and 7) BIR Certificate of Registration. In reply, please be informed that this Office cannot yet issue the requested certificate of tax exemption because SPPAAI has yet 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. However, SPPAAI 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. HTCAED It should be understood that SPPAAI shall be constituted as withholding agent of the government if it acts as an employer and its employees receive 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 (Rev. Regs.) 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 Rev. Regs. No. 2-98, as amended ( BIR Ruling No. 264-2011 dated July 29, 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. 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, SPPAAI is required to submit the following documents pursuant to Revenue Memorandum Circular No. 14-2001: 1) Certified true copy of the Amended Articles of Incorporation; 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; CDAHaE 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) Certified true copies of the Annual Information Returns and Financial Statements for the last three (3) years of operation; 5) Certification under oath that * as to the manner of activities as well as the sources and disposition of income; 6) BIR Certificate of Registration. This ruling is being issued on the basis of the foregoing facts as represented. However, if upon investigation, it will be ascertained 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