Lynville Land Development Corp.
Certificate of Tax Exemption No. BOI-LEH-381-2022 • Bureau of Internal Revenue (BIR) Issuances • Rulings (Numbered) • Sep 8, 2022
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September 8, 2022 CERTIFICATE OF TAX EXEMPTION NO. BOI-LEH-381-2022 CERTIFICATE OF TAX EXEMPTION TO ALL WHOM IT MAY CONCERN : This certifies that LYNVILLE LAND DEVELOPMENT CORP. 1 is exempt from income tax and creditable withholding tax on its income received directly in connection with its economic and low-cost housing project, Lynville Residences Sta. Cruz Phase 1 , consisting of 133 house and lot units used solely for family home or dwelling purposes, located at Brgy. San Juan, Sta. Cruz, Laguna, a project duly registered with the Board of Investments (BOI) under Certificate of Registration (COR) No. 2022-030 dated March 18, 2022, for a period of four (4) years beginning from March 2022 or actual start of commercial operations/selling, whichever is earlier, but in no case earlier than the date of registration of the project with the BOI, 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 lot 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 exempt from value-added tax (VAT) pursuant to Section 109 (1) (P) of the National Internal Revenue Code (Tax Code) of 1997, as amended. Provided, however, that beginning January 01, 2021, the exemption from VAT 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 However, the sale of house and lot units in excess of the 133 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, 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 8th day of September, 2022. (SGD.) LILIA CATRIS GUILLERMO Commissioner of Internal Revenue ATTACHMENT TERMS AND CONDITIONS OF THE CERTIFICATE OF TAX EXEMPTION 1. The exemption from income tax and creditable withholding tax covers only income directly attributable to the revenues generated from the project, Lynville Residences Sta. Cruz Phase 1 , consisting of 133 house and lot units used solely for family home or dwelling purposes, located at Brgy. San Juan, Sta. Cruz, Laguna. Such exemption shall not cover revenues from units with selling price exceeding P2,000,000.00. 2. The Company shall comply with the following milestones and total investment capital: Milestone Investment Cost (in PhP) and Schedule Site Preparation and Development December 2020-December 2023 Building/House Construction September 2021-December 2024 Start of Commercial Operations March 2022 Total Project Cost _______________ 3. In the computation of the project's ITH, interest income from in-house financing shall not be considered as revenues generated from the registered activity. 4. The Company's entitlement to ITH for 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 Republic Act (RA) No. 10708, 4 the Company is required to file its tax returns and pay its tax liabilities, on or before the deadline as provided under the Tax Code of 1997, 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 EO No. 226, within the periods prescribed under RA No. 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 RR 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 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 is 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. Formerly: Lynville Realty & Development Corporation. 2. Sale of lot only, regardless of the price, shall be subject to VAT starting January 01, 2021 pursuant to RA No. 10963. 3. As adjusted using the 2010 Consumer Price Index values per RR No. 8-2021 dated June 11, 2021. 4. An Act Enhancing Transparency in the Management and Accounting of Tax Incentives Administered by Investment Promotion Agencies.
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