Certificate of Tax Exemption No. BOI-018-2022
Certificate of Tax Exemption No. BOI-018-2022 • Bureau of Internal Revenue (BIR) Issuances • Rulings (Numbered) • Jan 19, 2022
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January 19, 2022 CERTIFICATE OF TAX EXEMPTION NO. BOI-018-2022 CERTIFICATE OF TAX EXEMPTION TO WHOM IT MAY CONCERN : This certifies that FIESTA COMMUNITIES, INCORPORATED , with Tax Identification Number (TIN) 000-000-000-000, is exempt from income tax and creditable withholding tax on its income received directly in connection with its economic and low-cost housing project Fiesta Communities-Tarlac Extension-Brgy. San Rafael, Tarlac City, Tarlac , consisting of 599 house and lot units used solely for family home or dwelling purposes located at Brgy. San Rafael, Tarlac City, Tarlac, a project duly registered with the Board of Investments (BOI) under Certificate of Registration No. 2018-279 dated December 20, 2018, for a period of 3 years beginning 01 June 2019 to 31 May 2022 , 1 pursuant to Executive Order (EO) No. 226, otherwise known as the "Omnibus Investments Code of 1987" and Section 2.57.5 (B) (2) of Revenue Regulations (RR) No. 2-98, as amended. Moreover, the sale by the Company of residential lots valued at P1,919,500.00 and below, or house and lot and other residential dwellings valued at P3,199,200.00 and below, is VAT-exempt under Section 109 (1) (P) of the National Internal Revenue Code (Tax Code) of 1997, as amended. Provided, however, that beginning January 1, 2021, the VAT exemption shall only apply to sale of house and lot and other residential dwellings 2 with selling price of not more than P3,199,200.00. 3 The sale, however, of house and lot units in excess of the 599 house and lot units registered with the BOI, if any, including those units used for commercial purposes such as leasing, retail stores, offices, etc., shall be subject to the payment of appropriate taxes under the Tax Code of 1997, as amended. The grant of tax exemption herein is subject to the compliance with the provisions of applicable BIR rules and regulations and the Terms and Conditions stated at the back hereof. The Company is liable, however, for all other applicable taxes not discussed above. This Certificate of Tax Exemption is being issued on the basis of the facts and documents as represented and submitted. However, if upon investigation, the BIR ascertains that the facts are different, then this Certificate shall be considered null and void. Issued this 19th day of January, 2022. (SGD.) CAESAR R. DULAY Commissioner of Internal Revenue ATTACHMENT TERMS AND CONDITIONS OF THE CERTIFICATE OF TAX EXEMPTION 1. The exemption from income and creditable withholding taxes covers only income directly attributable to the revenues generated from the project, Fiesta Communities-Tarlac Extension-Brgy. San Rafael, Tarlac City, Tarlac , consisting of 599 house and lot units used solely for family home or dwelling purposes located at Brgy. San Rafael, Tarlac City, Tarlac. Such exemption shall not cover revenues from units with selling price exceeding P2,000,000.00. Moreover, the house and lot shall not be sold for more than P1,700,000.00 per unit. 4 2. The enterprise shall observe the following project timetable: Activity Schedule Land Acquisition May 2016 Secure necessary license/permit/registration from the government/training costs June 2018 Site preparation and development July 2018-December 2019 Building/House construction October 2018-September 2021 Start of Commercial Operation June 2019 3. In the computation of the project's ITH, the following shall apply: a. Only income generated from the sale of housing units ( Fiesta Communities-Tarlac Extension -Brgy/Brgy. San Rafael, Tarlac City, Tarlac) with selling price not exceeding PhP2.0M and used solely for family home or dwelling purposes and not for commercial purposes such as leasing, retail stores, offices, etc. shall be qualified. b. Interest income from in-house financing shall not be considered as revenues generated from the registered activity. 4. The Company's entitlement to ITH from its BOI-registered housing project is subject to the compliance with the provisions of the Specific Terms and Conditions of its BOI Registration. 5. Pursuant to Section 4 of the Republic Act (RA) No. 10708, 5 the Company is required to file its tax returns and pay their tax liabilities, on or before the deadline as provided under the 1997 Tax Code, as amended, using the electronic system for filing and payment of taxes of the BIR. It shall file with BOI a complete annual tax incentives report of its income-based tax incentives, VAT and duty exemptions, deductions, credits or exclusions from the tax base, as may be provided under E.O. 226, within the periods prescribed under R.A. 10708's Implementing Rules and Regulations and Joint Memorandum Circular No. 1-2016 dated September 1, 2016. 6. The Company shall be constituted as a withholding agent for the government if it acts as employer and any of its employees receive compensation income subject to compensation withholding tax, or if it makes payments to individuals or corporations subject to the withholding taxes at source as required under Chapter XIII and Section 57 of the Tax Code of 1997, as amended and implemented by Revenue Regulations No. 2-98, as amended. 7. The Company is required to file on or before the 15th day of the fourth month following the close of its accounting period of a Profit and Loss Statement and Balance Sheet with the Annual Information Return under oath, stating its gross income and expenses incurred during the taxable year. 8. Finally, the Company'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 has been complying with the conditions under which it has been granted tax exemption or tax incentives and its tax liability, if any, pursuant to Section 235 of the Tax Code of 1997, as amended. Footnotes 1. Per BOI Certification dated August 6, 2019. 2. Sale of lot only, regardless of the price, shall be subject to VAT starting January 1, 2021 pursuant to RA No. 10963. 3. As adjusted using the 2010 Consumer price Index values pursuant to Revenue Regulations No. 8-2021 dated June 11, 2021. 4. HLURB License to Sell No. 034119. 5. An Act Enhancing Transparency in the Management and Accounting of Tax Incentives Administered by Investment Promotion Agencies.
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