Philippine Center for Environmental Protection and Sustainable Development, Inc.

July 15, 2009 BIR RULING [NSNP-(S30E-082) 438-09] Section 30 (E); DA-038-99 Philippine Center for Environmental Protection and Sustainable Development, Inc. DAP Building, San Miguel Avenue Ortigas Center, Pasig Attention: Ms. June M. Alvarez Executive Director Gentlemen : This refers to your letter dated January 26, 2009 requesting for exemption from the payment of internal revenue taxes under Section 30 (E) of the Tax Code of 1997. Documentary evidence submitted disclosed that PHILIPPINE CENTER FOR ENVIRONMENTAL PROTECTION AND SUSTAINABLE DEVELOPMENT, INC. with TIN 007-089-291-000 is a non-stock, non-profit corporation registered with the Securities and Exchange Commission under SEC Registration No. CN200811897 dated July 30, 2008 and that the purposes for which the corporation is organized, among others, are as follows: 1. To formulate, initiate, undertake, promote, sponsor, assist, support and/or finance projects, programs and activities to cleanse, improve, rehabilitate and develop the environment, and to maintain the environment in a clean, healthy and sustainable state; 2. To promote the recognition of environmental management and support the integration of environmental policies, programs and practices nationwide; 3. To work with the government and other interested groups in developing policies, laws and regulations relating to the cleansing, improvement, rehabilitation, and development of the environment and the maintenance of a clean, healthy, and sustainable environment, and to provide assistance in their effective enforcement; 4. To conduct and/or support researches and developmental activities on the environment impact of industry and technology on the environment. In reply, please be informed that this Office cannot as 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 shall file the necessary annual information return instead of an income tax return on or before the 15th day of the fourth month of the year following the start of its operation as an exempt organization as required under Section 24 of Revenue Regulations No. 2 ( Collector vs. Sinco, G.R. L-9276 dated October 23, 1956). Based on such information return, we shall conduct the necessary investigation on your activities undertaken during the period. The determination letter of exemption shall thereafter be issued depending upon the result of our investigation. TAIEcS However, the PHILIPPINE CENTER FOR ENVIRONMENTAL PROTECTION AND SUSTAINABLE DEVELOPMENT, INC. shall be subject to the corresponding internal revenue taxes imposed under the Tax Code of 1997 on 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 20% final withholding tax: provided, however, that interest income it derives 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. 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 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 the PHILIPPINE CENTER FOR ENVIRONMENTAL PROTECTION AND SUSTAINABLE DEVELOPMENT, 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 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 provided for in Section 57 of the Tax Code of 1997, also as implemented by Revenue Regulations No. 2-98. (BIR Ruling No. S-30-008-2003 dated April 2, 2003) Moreover, Section 105 of the Tax Code of 1997, as amended, provides that any person who, in the course of trade or business, sells, barters, exchanges, leases goods or properties, renders services, and any person who imports goods shall be subject to the value-added tax (VAT) imposed in Section 106 to 108 of the same Code. The phrase "in the course of trade or business" means the regular conduct or pursuit of a commercial or an economic activity, including transactions incidental thereto, by any person regardless of whether or not the person engaged therein is a non-stock, non-profit private organization (irrespective of the disposition of its net income and whether or not it sells exclusively to members or their guests), or government entity. aASDTE Accordingly, being a non-stock, non-profit corporation, PHILIPPINE CENTER FOR ENVIRONMENTAL PROTECTION AND SUSTAINABLE DEVELOPMENT, INC. shall be subject to the value-added tax if it engages in the regular conduct or pursuit of a commercial or economic activity, including transactions incidental thereto. (BIR Ruling No. S-30-100-2000 dated December 26, 2000) Finally, its 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 or pays tax liability, if any, pursuant to Section 235 of the Tax Code of 1997. (BIR Ruling No. ECCP-23-2000 dated May 12, 2000) 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, this ruling shall be considered null and void. Very truly yours, Commissioner of Internal Revenue By: (SGD.) JAMES H. ROLDAN Assistant Commissioner Legal Service