BIR Ruling [UN-177-95]

May 2, 1995 BIR RULING [UN-177-95] Alcorn (Production) Philippines, Inc. 19th Floor, Pacific Star Bldg. corner Gil Puyat Avenue & Makati Avenue Makati City Attention: Mr . Jimmy M . Manrique VP-Finance & Comptroller Gentlemen : This refers to your letter dated March 16, 1995 requesting for a confirmation of your opinion that payments to be made to Diamond Offshore Drilling Services, Inc. (Diamond) under a drilling contract whose guaranteed commencement date is March 15, 1995, is exempt from Philippine income/withholding tax pursuant to Article 5 (2)(1) of the RP-US Tax Treaty and consequently from the 35% withholding tax provided for in Section 50 (a) in relation to Section 25(b) (1) of the Tax Code, as amended. cdtech It is represented that Alcorn (Production) Philippines, Inc. (ALCORN) is a domestic corporation engaged in petroleum operations; that it entered into a drilling contract with Diamond, a non-resident foreign corporation based in United States, under which the latter will drill oil wells in offshore Palawan starting March 15, 1995; and that the primary term of the contract, which is the time required to re-enter, sidetrack and complete a well, is not more than sixty (60) days; that Diamond does not have a fixed place of business in the Philippines and will render service for an actual period of less than 183 days. In reply, please be informed that pursuant to the Article 8 (Business Profits) in relation to Article 5 of the RP-US Tax Treaty, payment to be made to Diamond by Alcorn in connection with their drilling contract are not subject to Philippine income tax and consequently to the 35% withholding tax because there is no permanent establishment where their profit could be attributed in the Philippines. (BIR Ruling No. 125-91 dated June 26, 1991) 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, ALICIA P. CLEMENO Assistant Commissioner (Legal Service)