Brostan Construction and Development/R.R. Encabo Constructors, Incorporated-Joint Venture
Certificate of Tax Exemption No. NSH-331-2022 • Bureau of Internal Revenue (BIR) Issuances • Rulings (Numbered) • Jun 29, 2022
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June 29, 2022 CERTIFICATE OF TAX EXEMPTION NO. NSH-331-2022 CERTIFICATE OF TAX EXEMPTION TO ALL WHOM IT MAY CONCERN : This certifies that Brostan Construction and Development/R.R. Encabo Constructors, Incorporated-Joint Venture , an entity engaged by the National Housing Authority (NHA), is exempt from project-related income taxes, creditable withholding tax (CWT), and value-added tax (VAT), 1 pursuant to Section 20 (d) (1) and (3) of Republic Act (RA) No. 7279, as amended by RA No. 10884 (Balanced Housing Development Program Amendments) dated July 17, 2016, on its income received directly in connection with the socialized housing project of the NHA intended for the occupant families of the Diosdado Macapagal Tenement (Vitas Tenement) which was damaged by the July 16, 1990 earthquake and declared "condemned" based on the findings and recommendation of the Department of Public Works and Highways (DPWH), and was demolished in October 2011, to wit: Date of Notice of Award Date of Contract Contract Price Project Name Location No. of Socialized Residential units subject of tax exemption Mar. 18, 2013 Oct. 30, 2013 P___________ Construction of Four (4) Five-Storey Residential Medium Rise Buildings and Land Development Vitas, Tondo, Manila 240 2 residential units However, the purchases of goods/articles by Brostan Construction and Development/R.R. Encabo Constructors, Incorporated-Joint Venture shall be subject to VAT, even if the said purchases are to be used for the socialized housing project, since VAT is an indirect tax which can be passed on by the seller of the goods/services. It shall be understood that Brostan Construction and Development/R.R. Encabo Constructors, Incorporated-Joint Venture must issue VAT-exempt official receipts on its gross receipts from the said socialized housing project. This CTE 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 29th day of June, 2022. (SGD.) CAESAR R. DULAY Commissioner of Internal Revenue Footnotes 1. Brostan Construction and Development/R.R. Encabo Constructors, Incorporated-Joint Venture is exempt from VAT pursuant to Section 20 (d) (3) of RA No. 7279, as amended, since the project was awarded prior to the effectivity of RA No. 10963 (TRAIN Law). 2. Per approved Master Site Development Plan.
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