BIR Ruling No. 558-12

September 6, 2012 BIR RULING NO. 558-12 000-00 Famous City Holdings Limited Regional Operating Headquarters 4th Floor, Star Cruises Center, 100 Andrews Avenue New Port City, Pasay Attention: Armando C. de Asa, Jr. Corporate Taxation, Finance Gentlemen : This refers to your letter dated March 25, 2011 requesting for the confirmation of your opinion that no creditable withholding tax shall apply to the payments to be made by the Philippine affiliate companies to the Regional Operating Headquarters of Famous City Holdings Limited Regional Operating Headquarters (FCHL-ROHQ). IcTEaC It is represented that FCHL-ROHQ with Tax Identification Number (TIN) 277-013-809-000 is a company within Genting Hong Kong Group, organized and existing under the laws of British Virgin Islands with a regional operating headquarters (ROHQ) in the Philippines; that it is registered in the Securities and Exchange Commission (SEC) with Registration No. FS200902847 dated February 26, 2009; that as stated in its Certificate of Registration and License, the FCHL-ROHQ shall provide its affiliates and subsidiaries within the Asia-Pacific Region and other countries of the following services: 1. General administration and planning; 2. Business planning and coordination; 3. Sourcing/procurement of raw materials and components; 4. Corporate finance advisory services; 5. Marketing control and sales promotion; 6. Training and personnel management; 7. Logistic services; 8. Research and development services, and product development; 9. Technical support and maintenance; 10. Data processing and communications; and 11. Business development. In reply, please be informed that it is the position of this Office that your request cannot be granted in absence of legal basis allowing withholding tax exemption on payments made to a ROHQ by its Philippine affiliates on management and consultancy services rendered. aHCSTD Very truly yours, (SGD.) KIM S. JACINTO-HENARES Commissioner of Internal Revenue