Skip to main content

Claretian Hope Center Foundation, Inc.

BIR Ruling [NSNP-(S30E-001) 007-10] • Bureau of Internal Revenue (BIR) Issuances • Rulings on Non-Stock-Non-Profit Firms • Mar 12, 2010

Full text

March 12, 2010 BIR RULING [NSNP-(S30E-001) 007-10] Sec. 30; S-30-102-2008 dtd. 06/11/2008 Claretian Hope Center Foundation, Inc. Ground Floor Aurora Milestone Tower 1045 Aurora Blvd.,Quezon City Attention: Ma. Susana C. Basmayor Corporate Secretary Gentlemen : This refers to your letter dated August 12, 2009 requesting for exemption from the payment of income tax, filing of the corresponding income tax return under Section 30 of the Tax Code of 1997, as amended. Documents submitted to this Office disclosed that Claretian Hope Center Foundation, Inc. is a non-stock, non-profit corporation under Section 30 of the Tax Code of 1997, as amended; that it is duly registered with the Securities and Exchange Commission (SEC) under SEC Registration No. CN200719076 dated December 13, 2007 with Taxpayer Identification Number (TIN) 006-933-017; that Claretian Hope Center Foundation, Inc. is intended to be friendly, inspirational gathering place for young Catholic and aspirational Catholic men and women, 16 to 35 years of age and that it will also provide them with unique opportunities to explore the various means available for receiving and communicating the Word of God. In reply, please be informed that this Office cannot yet issue the requested ruling/certificate of tax exemption. It 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 of the Tax Code of 1997, as amended. It can file the necessary annual information return instead of an income tax return on or before April 15 of each year following the start of its operation as an exempt organization as required under Section 24 of Revenue Regulations No. 2. Based on such information return, we shall conduct the necessary investigation on its activities undertaken during the period. The letter of exemption shall thereafter be issued depending upon the result of our investigation. EcASIC However, Claretian Hope Center Foundation, Inc. shall be subject to the corresponding internal revenue taxes imposed under the Tax Code of 1997, as amended, on income derived from any of its properties, real or personal, or 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 benefit from deposit instruments and from trust funds and similar arrangements, and royalties derived from sources within the Philippines are subject to 20% final withholding tax; provided, however, that the interest income it derive from a depository bank under the expanded foreign currency deposit system shall be subject to a final withholding tax of 7 1/2% pursuant to Section 27 (D) (1) in relation to Section 57 (A) of the Tax Code of 1997, as amended. Moreover, it is required to file on or before the 15th day of the fourth month following the end of its accounting period a Profit and Loss Statement and Balance Sheet with 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. It should be understood that Claretian Hope Center Foundation, Inc. shall be constituted as a withholding agent for the government if it acts as an employer and any of its employees receives compensation income subject to withholding tax, or if it makes payments to individuals or corporations subject to the withholding tax provided for in Section 57 of the Tax Code of 1997, as amended. Finally, Claretian Hope Center Foundation, Inc.'s books of accounts and other pertinent records shall be subject to periodic examination by revenue enforcement officers of this Bureau for the purpose of ascertaining whether it complies the conditions under which it may be granted tax exemption or tax incentives and/or has paid its tax liability, if any, pursuant to Section 235 of the Tax Code of 1997, as amended. This ruling is being issued on the basis of the foregoing facts as presented. However, if upon investigation it will be disclosed that the facts are different, then this ruling shall be considered null and void. TaCDcE Very truly yours, Commissioner of Internal Revenue By: (SGD.) MARISSA O. CABREROS OIC-Assistant Commissioner Legal Service

Ask what this means for your situation

The assistant quotes the passage it relies on and links the source, so you can check every figure it gives you.