The Zuellig Family Foundation, Inc.

May 9, 2009 BIR RULING [NSNP-(S30E-053) 310-09] 27 (D) (1);S-30-008-2006 The Zuellig Family Foundation, Inc. 43/F Philamlife Tower 8767 Paseo de Roxas, Makati City Attention: Atty. Patricia Cristina T. Ngochua Corporate Secretary Gentlemen : This refers to your letter dated February 11, 2009 requesting for exemption from the payment of income tax and the filing of the corresponding income tax return under Section 30 of the Tax Code of 1997. Documents submitted to this Office disclosed that the Zuellig Family Foundation, Inc. is a non-stock, non-profit corporation duly registered with the Securities and Exchange Commission (SEC) under SEC Registration No. A1997-2436 dated March 23, 2001; and that the primary purpose for which the corporation was formed is: "To provide a cleaner environment and better health conditions particularly for families living and working in and around the Calabarzon area through the provision of programs for water improvement and logistical support for waste disposal; establishment of family clinics at local hospitals; free drug supply for common illness and free vaccination of children in the community; and to use the experience in the foregoing to undertake basic research and development work in the field of health sciences at the community level." that no part of the income which the corporation may obtain as an incident to its operation shall be distributed as dividends to its members, trustees or officers; and that upon dissolution, the existing assets of the corporation shall be passed on to another accredited corporation established for similar purposes or to continue the vision/mission. CcHDSA Based on the foregoing, this Office is of the opinion and so holds that the Zuellig Foundation, Inc. is a corporation organized for scientific purposes as contemplated under Section 30 (E) of the Tax Code of 1997. Accordingly, it is exempt from the payment of income tax on income received by it as such organization, and therefore, need not file an income tax return concerning such income. However, it is subject to the corresponding internal revenue taxes imposed under the Tax Code of 1997 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 benefit 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. It is requested that a copy of this letter of exemption be attached to the annual information return which your corporation will file on or before the 15th day of the fourth month of each year. 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 organization or grantees of tax incentives shall be subject to examination by the BIR for purposes of ascertaining compliance with the conditions under which they have been granted tax exemptions or tax incentives, and their tax liabilities, if any. It should be understood that the said exempt organization shall be constituted as a withholding agent for 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 No. 2-98, or if it makes income payments to individuals or corporations subject to the withholding tax pursuant to Section 57 of the Tax Code of 1997, as implemented by Revenue Regulations No. 2-98, as amended. (BIR Ruling No. DA-S-30-79-98 dated December 29, 1998) TCIDSa 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.) JAMES H. ROLDAN Assistant Commissioner Legal Service