BIR Ruling No. 468-14

November 20, 2014 BIR RULING NO. 468-14 RMC No. 65-2012 Kakampi Mo ang Batas 18 D Mahiyain cor. Mapagkawanggawa, Teachers Village, Quezon City Attention: Atty. Melanio Mauricio Jr. Gentlemen : This refers to your letter dated February 20, 2013 requesting for a confirmatory ruling on the query of Dr. Ronald Pascual and Osmin Joyce Pascual, that Flora Vista Condominium Corporation, is subject to the operations of EVAT Law, considering that, as far as they could gather, the same is still under the Phinma Property Management Group, which is already VAT-compliant. Specifically, it should be determined whether there is double taxation or not. In reply, there is no double taxation because the subjects of taxation are different from each other. Double taxation means taxing the same person twice by the same jurisdiction over the same thing ( Victorias Milling Co. vs. Municipality of Victorias, L-21183, Sept. 27, 1965). Considering that the Flora Vista Condominium Corporation is a taxable entity that is separate and distinct from the Phinma Property Management Group, it is liable, by itself, to pay income and value-added tax or percentage tax, whichever is applicable ( Revenue Memorandum Circular No. 65-2012 dated October 31, 2012 ). aHcDEC Please be guided accordingly. Very truly yours, (SGD.) KIM S. JACINTO-HENARES Commissioner Bureau of Internal Revenue