8990 Housing Development Corp.

December 17, 2020 CERTIFICATE OF TAX EXEMPTION NO. BOI-LEH-661-20 CERTIFICATE OF TAX EXEMPTION TO ALL WHOM IT MAY CONCERN : This certifies that 8990 HOUSING DEVELOPMENT CORPORATION , with Taxpayer Identification Number (TIN) ____________ is exempt from income tax and creditable withholding tax on its income received directly in connection with its economic and low-cost housing project, Urban Deca Homes Banilad-Towers 1, 2 & 3-Sitio Orel, Brgy. Banilad, Mandaue City, Cebu , consisting of 3,264 1 residential units used solely for family home or dwelling purposes, located at Sitio Orel, Brgy. Banilad, Mandaue City, Cebu, a project duly registered with the Board of Investments (BOI) under Certificate of Registration No. ______ dated August 24, 2020, for a period of four (4) years beginning from August 2020 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 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, provided that the selling price of said residential units does not exceed P2,000,000.00 per residential unit . 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 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 P2,000,000.00. However, the sale of residential units in excess of the 3,264 residential units registered with the BOI, if any, including the 545 shared parking slots and those units used for commercial purposes such as leasing, retail stores, offices, etc., shall be subject to the payment of appropriate taxes under the National Internal Revenue 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 17th day of December, 2020. (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, Urban Deca Homes Banilad-Towers 1, 2 & 3-Sitio Orel, Brgy. Banilad, Mandaue City, Cebu , consisting of 3,264 residential units used solely for family home or dwelling purposes, located at Sitio Orel, Brgy. Banilad, Mandaue City, Cebu. Such exemption shall not cover revenues from units with selling price exceeding P2,000,000.00. 2. In the computation of the project's ITH, the following shall apply: a. Only income generated from the sale of housing units ( Urban Deca Homes Banilad-Towers 1, 2 & 3 -Sitio Orel, Brgy. Banilad, Mandaue City, Cebu) 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. 3. 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. 4. Pursuant to Section 4 of Republic Act (RA) No. 10708, 3 the Company is required to file its tax returns and pay its tax liabilities, on or before the deadline as provided under the National Internal Revenue 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 E.O. 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. 5. 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 National Internal Revenue Code of 1997, as amended, and implemented by Revenue Regulations (RR) No. 2-98, as amended. 6. 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. 7. 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 National Internal Revenue Code of 1997, as amended. Footnotes 1. Covered by the following Provisional Certificate of Registration (PCOR) and Provisional Licenses to Sell (PLTS) issued by the Housing and Land Use Regulatory Board (HLURB): PCOR No. ________ and PLTS No. _________ : Tower 1 1,156 units PCOR No. ________ and PLTS No. _________ : Tower 2 : 1,156 units PCOR No. ________ and PLTS No. _________ : Tower 3 : 952 units Total 3,264 units 2. Sale of lot only, regardless of the price, shall be subject to VAT starting January 01, 2021 pursuant to RA No. 10963. 3. An Act Enhancing Transparency in the Management and Accounting of Tax Incentives Administered by Investment Promotion Agencies.