BIR Ruling No. 438-11

November 9, 2011 BIR RULING NO. 438-11 Tax Code of 1997, as amended, Section 30 (J), Section 27 (D) (1) in relation to Section 57 (A); Section 79 (A), Section 105; BIR Ruling [NSNP-(S30J-003)744-09] Bayaning Magsasaka Irrigators Association, Inc. Purok Maligaya, Upper Paatan Kabacan, Cotabato Attention: Bienvenido L. Flores President Gentlemen : This refers to your letter dated July 4, 2011 requesting on behalf of Bayaning Magsasaka Irrigators Association, Inc. for the issuance of a Tax Exemption Certificate, the association being a non-stock, non-profit organization organized exclusively for purposes under Section 30 (J) of the National Internal Revenue Code of 1997, as amended. It is represented that Bayaning Magsasaka Irrigators Association, Inc. is a non-stock, non-profit corporation, with Taxpayer Identification No. (TIN) 410-338-655-000, duly organized under the laws of the Philippines; that it is registered with the Securities and Exchange Commission (SEC) bearing SEC Registration No. CN201129346; and that the purposes for which the Association is organized are: 1. To comply with existing policies and implementing rules and regulations governing the Irrigation Turnover Program (IMTP) of NIA; 2. To serve as channel for government and private agencies in providing technical and financial assistance to farmer-members; 3. To manage and establish, maintain and operate economic/livelihood activities and services for its members; 4. To assist or act as agent or representative of its members in marketing their produce; 5. To acquire loans from the government through any of its lending institutions for productive agricultural purposes; EcAISC 6. To do and perform any other acts and to exercise other powers which may be necessary, convenient and appropriate to accomplish the purpose for which the association is organized. In reply, please be informed that this Office cannot as yet issue the requested certificate of tax exemption because Bayaning Magsasaka Irrigators Association, Inc. has 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 (J) of the Tax Code of 1997, as amended. Bayaning Magsasaka Irrigators Association, Inc. can file the necessary annual information return instead of an income tax return on or before the 15th day of the fourth month of the preceding accounting period following the start of its operation as an exempt organization as required under Section 24 of Revenue Regulations No. 2-40 dated February 10, 1940 (Collector vs. Sinco, G.R. L-9276 dated October 23, 1956) . Based on such information return, we shall conduct the necessary investigation on the activities undertaken during the period. The letter of exemption shall thereafter be issued depending upon the result of our investigation. However, Bayaning Magsasaka Irrigators Association, Inc. 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. caHCSD It should be understood that Bayaning Magsasaka Irrigators Association, Inc. 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 XII, Title II of the Tax Code of 1997, as implemented by Revenue Regulations (RR) 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 RR No. 2-98, as amended. 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, Bayaning Magsasaka Irrigators Association, Inc. is required to submit the following documents pursuant to Revenue Memorandum Circular No. 14-2001: 1) Certified true copy of the Certificate of Registration with the SEC; 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 its members; 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. aEIADT 3) Certified true copy of the By-Laws; 4) Certification under oath that there has not been any change in the Articles of Incorporation and/or By-laws; 5) Certified true copy of the Annual Information Returns and Financial Statements for the last three (3) years of operation; and 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 disclosed 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