International School Manila

April 3, 2018 ITAD BIR RULING NO. 064-18 Article 20 (Teachers and Researchers) Philippines- Thailand Tax Treaty International School Manila University Parkway Fort Bonifacio 1634 Taguig City Attention: AAA __________ Gentlemen : This refers to your tax treaty relief applications filed on November 15, 2013 requesting confirmation that remuneration paid by International School Manila, Inc. (" International School ") to BBB and CCC (a.k.a. CCC ) (jointly, " the teachers ") are exempt from income tax pursuant to the Convention between the Government of the Republic of the Philippines and the Government of the Kingdom of Thailand for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income (" Philippines-Thailand tax treaty "). FACTS It is represented that the teachers are residents of Thailand based on the Certificates of Residence issued by the Regional Revenue Office of Thailand; that the names of those teachers are not registered business names in the Philippines based on the certifications issued by the Department of Trade and Industry; that they have Overseas Hire Contracts with International School where they were contracted to teach for school years August 2013 to July 2015; and that International School is a private, non-profit, non-sectarian day school for boys and girls from Preschool to Grade 12. 1 HTcADC RULING In reply, please be informed that the teachers, by reason of their stay in the Philippines for more than 180 days as a result of their employment in the country, are considered nonresident alien individuals engaged in trade or business under Section 25 (A) (1) of the National Internal Revenue Code of 1997, as amended (" Tax Code "), to wit: " SEC. 25. Tax on Nonresident Alien Individual. (A) Nonresident Alien Engaged in Trade or Business Within the Philippines. (1) In General. A nonresident alien individual engaged in trade or business in the Philippines shall be subject to an income tax in the same manner as an individual citizen and a resident alien individual, on taxable income received from all sources within the Philippines. A nonresident alien individual who shall come to the Philippines and stay therein for an aggregate period of more than one hundred eighty (180) days during any calendar year shall be deemed a 'nonresident alien doing business in the Philippines,' Section 22 (G) of this Code notwithstanding." Under Section 25 (A) (1), income of those teachers is taxed in the same manner as that derived by resident Filipino citizens and resident aliens in the Philippines, particularly: " TAX ON INDIVIDUALS SEC 24. Income Tax Rates. (A) Rates of Income Tax on Individual Citizen and Individual Resident Alien of the Philippines. xxx xxx xxx (2) Rates of Tax on Taxable Income of Individuals. The tax shall be computed in accordance with and at the rates established in the following schedule: Not over P10,000 5% Over P10,000 but not over P30,000 P500+10% of the excess over P10,000 Over P30,000 but not over P70,000 P2,500+15% of the excess over P30,000 Over P70,000 but not over P140,000 P8,500+20% of the excess over P70,000 Over P140,000 but not over P250,000 P22,500+25% of the excess over P140,000 Over P250,000 but not over P500,000 P50,000+30% of the excess over P250,000 Over P500,000 P125,000+32% of the excess over P500,000." However, under Section 32 (B) (5) of the Tax Code, such income is exempt to the extent required by any treaty obligation on the Philippine government, to wit: " SEC. 32. Gross Income. xxx xxx xxx (B) Exclusions from Gross Income. The following items shall not be included in gross income and shall be exempt from taxation under this Title: xxx xxx xxx (5) Income Exempt under Treaty. Income of any kind, to the extent required by any treaty obligation binding upon the Government of the Philippines." In this regard, Article 20 of the Philippines-Thailand tax treaty provides relief to visiting teachers from Thailand at the invitation of a university, college, school or other similar educational institution in the Philippines where they are exempt from income tax in the Philippines for a period not exceeding two years, thus: " Article 20 TEACHERS AND RESEARCHERS 1. An individual who is a resident of a Contracting State immediately before making a visit to the other Contracting State, and who, at the invitation of any university, college, school or other similar educational institution, which is recognized by the competent authority in that other Contracting State, visits that other Contracting State for a period not exceeding two years solely for the purpose of teaching or research or both at such educational institution shall be exempt from tax in that other Contracting State on his remuneration for such teaching or research." Accordingly, pursuant to Article 20 of the Philippines-Thailand tax treaty, since BBB and CCC (a.k.a. CCC ) were residents of Thailand immediately before coming to the Philippines, and they were invited to teach in the country by International School , remuneration paid to them by International School are exempt from income tax for a period of two years . Based on the date of arrival stamped on their passports, their exemption is valid from July 25, 2013 to July 24, 2015 ; thereafter, their remuneration will be taxed in the Philippines under Section 25 (A) (1) of the Tax Code. This ruling is issued on the basis of the foregoing facts as represented. However, if upon investigation it shall be disclosed or discovered that the actual facts are different, then this ruling shall be without force and effect insofar as the herein parties are concerned. aScITE Very truly yours, (SGD.) CAESAR R. DULAY Commissioner of Internal Revenue Footnotes 1. http://www.ismanila.org/About-Us .