National Housing Authority (NHA), Lubao Resettlement Homeowners Association, Inc.
Certificate of Tax Exemption No. NSH-087-21 • Bureau of Internal Revenue (BIR) Issuances • Rulings (Numbered) • Apr 8, 2021
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April 8, 2021 CERTIFICATE OF TAX EXEMPTION NO. NSH-087-21 CERTIFICATE OF TAX EXEMPTION This certifies that the Contract Agreement executed by and among the National Housing Authority (NHA),Lubao Resettlement Homeowners Association, Inc. and Eddmari Construction & Trading for the sale of developed lots and completed housing units located at Brgy. San Pablo 2nd, Lubao, Pampanga, to wit: Name of Housing Project Date of Contract Agreement Number of Socialized Housing Units Covered by Tax Exemption Location of the Project Lubao Resettlement December 7, 2020 1,000 1 Brgy. San Pablo 2nd, Lubao, Pampanga which project has been classified as socialized housing under the NHA's National Housing Program through the Community Based Initiative Approach (CBIA),is not subject to income tax/creditable withholding tax and value-added tax pursuant to Section 20 of Republic Act (RA) No. 7279 and Section 109 (1) (P) of the Tax Code of 1997, as amended. However, the purchases of goods/articles by Eddmari Construction & Trading shall be subject to VAT, even if the said purchases are to be used for the socialized housing projects, since VAT is an indirect tax which can be passed on by the seller of the goods/services. It shall be understood that Eddmari Construction & Trading must issue VAT-exempt official receipts on its gross receipts from the said socialized housing project. Moreover, the Deeds of Unilateral Sale executed by the Landowners in favor of the NHA over the parcels of land described below, to wit: cHECAS Date of Deed of Unilateral Sale Name of Landowners Transfer Certificate of Title No. Aggregate Area (sq.m.) Area Transferred for NHA Utilization (sq.m.) Location of Property/ies December 7, 2020 AAA 042-2019012300 13,186 13,186 Brgy. San Pablo 2nd, Lubao, Pampanga BBB 042-2019012301 13,186 13,186 CCC 042-2019012302 13,186 13,186 DDD 042-2019012303 13,186 13,186 EEE 042-2019012304 13,186 13,186 FFF 042-2019012305 13,186 13,186 which shall be used for the above socialized housing project, is not subject to capital gains tax/creditable withholding tax, documentary stamp tax and value-added tax pursuant to Sections 19 and 20 of RA No. 7279 and Section 109 (1) (P) of the 1997 Tax Code, as amended. It is, however, understood that this Certificate of Tax Exemption (CTE) is never intended and shall not be construed as giving authority to the concerned Register of Deeds to effect transfer of the land title in the name of the NHA without the Certificate Authorizing Registration (CAR) issued by this Bureau. In this regard, this CTE, together with the documentary requirements provided under RMO No. 15-2003, shall be presented to the Revenue District Office (RDO) concerned in order for the latter to issue the CAR. 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 April, 2021. (SGD.) CAESAR R. DULAY Commissioner of Internal Revenue Footnotes 1. Per NHA letter dated December 15, 2020.
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