Bureau of Local Government Finance Opinion

February 17, 2012 BUREAU OF LOCAL GOVERNMENT FINANCE OPINION Atty. Leonides F. Balmeo Tax Counsel Balmeo and Go Law Offices Suite 309 Margarita Bldg. J.P. Rizal St., Cor. Cardona St. Makati City Sir : This has reference to your letter dated February 15, 2012, the dispositive portion of which is hereby quoted. HADTEC "Considering the foregoing facts we would like your good office to confirm our opinion that starting 1997 up to present the factory building cannot be assessed and is not liable for payment of real property tax as a commercial, industrial or business property and that such factory building is not likewise liable for real property tax as a residential building for it has never been used and not fit for use for residential purposes." Please be informed that the Bureau through its 1st Indorsement dated February 17, 2012 (copy enclosed), requested the office of the City Treasurer of Lipa to defer temporarily any action to be conducted by the said office on the subject properties of IPI pending the fact-finding investigation and/or ocular inspection to be conducted by this Bureau. Therefore, pending investigation and/or ocular inspection and in order that auction of the subject properties be deferred, IPI may avail of the remedy as provided for under Section 252 of the Local Government Code which states that: HADTEC "Section 252. Payment under Protest . (a) No protest shall be entertained unless the taxpayer first pays the tax. There shall be annotated on the tax receipt the words "paid under protest." The protest in writing must be filled within thirty (30) days from payment of the tax to the provincial, city treasurer or municipal treasurer, in the case of a municipality within Metropolitan Manila area, who shall decide the protest within sixty (60) days from receipt. (b) . . ." For your information and guidance. HADTEC Very truly yours, (SGD.) SALVADOR M. DEL CASTILLO OIC-Executive Director