BIR Ruling No. 500-2020

REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF FINANCE BUREAU OF INTERNAL REVENUE

Quezon City

Certificate of Tax Exemption No. CH70-0500-2020

CERTIFICATE OFTAXEXEMPTION

issued to

4th Flr. J&T Tower, 3894 Ramon Magsaysay Blvd., Zone 058 Brgy. 587 CERECARE PHILIPPINES FOUNDATION,INC. Sta.Mesa 1016 Manila

TIN: SEC Company Reg. No.

This certifies that the above-named corporation is a non-stock, non-profit corporation

and has proven by actual operation that its primary purpose is one of those enumerated under

Section 30(H) of the National Internal Revenue Code of 1997, as amended. It is exempt from

INCOME TAX only on the following revenues or receipts:

1.Tuition fees and Other school fees; and

Income derived from the operation of cafeterias/canteens,dormitories and bookstores

located within its premises, owned and operated by CERECARE PHILIPPINES

FOUNDATION,INC.to be actually, directly and exclusively used for educational

purposes.

nothing follows

subject to the provisions of applicable BIR rules and regulations and the tax exemptions.

liabilities and responsibilities stated in the Terms and Conditions hereto attached and made an

integral part hereof. It is liable, however, to all other taxes not enumerated above.

This certification shall be valid from the date of issuance until revoked by this Office

for violation of any provisions of applicable rules and regulations of the BIR, or the terms and

conditions herein set forth. It shall likewise be revoked if there are material changes in the

character, purpose or method of operation of the corporation which are inconsistent with the

basis for its income tax exemption.

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 day ofSEP 0 8 2020

Marromnas

CAESAR R.DULAY

K-1-JAC Commissioner of Internal Revenue 036433

Cerecare Philippines Foundation Inc. CTENo.HYO-05002020 Page 2 of 3 Date issued SEP 2020

TERMS AND CONDITIONS

OF THE CERTIFICATE OF TAX EXEMPTION

For Non-Stock,Non-Profit Educational Institution

under Section 30(H of the National Internal Revenue Code of 1997,as Amended

TAX EXEMPTION

1 INCOME TAX.CERECARE PHILIPPINES FOUNDATION, INC.is eXempt from the

payment of income tax only on revenues and receipts enumerated on the Certificate of Tax

Exemption. It is understood that the school must continue to meet the following requisites as set forth under Revenue Memorandum Order (RMO) No 44-2016, to wit

ii.Its revenues are actually,directly and exclusively used for educational purposes. It is a non-stock,non-profit educational institution; and

CERECARE PHILIPPINES FOUNDATION. INC.'s interest income from currency bank deposits and yield from deposit substitute instruments used actually, directly and exclusively in

pursuance of its purpose as an educational institution, are exempt from the 20% final tax and 15%

tax on interest income under the expanded foreign currency deposit system imposed under Section 27(D(1 of the National Internal Revenue Code of 1997,as amended,subject to compliance with

the conditions that as a tax-exempt educational institution it shall on an annual basis submit to the

Revenue District Office concerned an annual information return and duly audited financial

statement together with the following:

(aCertification from their depository banks as to the amount of interest income

earned from passive investment not subject to the 20% final withholding tax

and 15% tax on interest income under the expanded foreign currency deposit

system imposed by Section 27 (D)(1) of the National Internal Revenue Code

of 1997, as amended

(bCertification of actual utilization of the said income; and

(cBoard Resolution by the school administration on proposed projects (i.e.,

construction and/or improvement of school buildings and facilities, acquisition

of equipment, books and the like) to be funded out of the money deposited in

banks or placed in money markets, on or before the 15th day of the fourth month

following the end of its taxable year (Sec. 4, Finance Department Order No.

137-87)2.

2 VALUE ADDED TAX (VAT ON EDUCATIONAL SERVICES. Pursuant to Section

1091H of the National Internal Revenue Code of 1997, as amended, CERECARE

PHILIPPINES FOUNDATION.INC.'s gross receipts from operations as a non-stock,non-profit

educational institution is exempt from VAT. Moreover,revenues derived from assets used in the

operation of cafeterias/canteens, dormitories and bookstores located within the premises of

CERECARE PHILIPPINES FOUNDATION,INC.are exempt from taxation provided they are

owned and operated by it as ancillary activities.

LIABILITY FOR INTERNAL REVENUE TAXES

1INCOME TAX

CERECARE PHILIPPINES FOUNDATION,INC.is subject to income tax on all its

income/receipts/revenues not expressly exempted and stated in the Certificate of Tax Exemption.

Republic Act No. 10963 increased the tax rate from 7.5% to 15% effective January 1,2018

2 Department Order No. 149-95 dated November 24, 1995 amending Department Order No. 137-87.

Cerecare Philippines Foundation, Inc. Page 3 of 3 CTENo.SU00500-202 Date issued SFP 8

Moreover, it is subject to the corresponding internal revenue taxes imposed under National Internal

Revenue Code of 1997,as amended,on its income derived from any of its properties,real or personal

or any activity conducted for profit,which income should be returned for taxation,unless said revenues

are actually, directly and exclusively used for educational purposes.

2) VALUE ADDED TAX/PERCENTAGE TAX

If CERECARE PHILIPPINES FOUNDATION,INC.is engaged in the sale of goods or services

in the course of a business pursuit, including transactions incidental thereto, its revenues derived

therefrom shall be subject to the 12% VAT, in case the gross receipts from such sales exceed Three

Million Pesos 3,000,000.003or to the 3% percentage tax,if gross receipts do not exceed

P3.000,000.00.

Notwithstanding that it is a non-stock, non-profit corporation, its purchase of goods or properties

or services and importation of goods shall nevertheless be subject to the 12% VAT pursuant to

Sections 106 and 107 of the National Internal Revenue Code of 1997,as amended.

3 WITHHOLDING TAX

CERECARE PHILIPPINES FOUNDATION,INC.shall be constituted as withhoiding agent for

the government if it acts as an employer and its employees receive compensation income subject to

the withholding tax under Section 79 (A), Chapter XIII, Title II of the National Internal Revenue

Code of 1997, as amended, as implemented by Revenue Regulations No. 2-98, as amended, or if it

makes income payments to individuals or corporations subject to the withholding tax pursuant to

Section 57 of the National Internal Revenue Code of 1997,as amended, and as implemented by

Revenue Regulations No. 2-98, as amended.

TAXPAYER DUTIES&RESPONSIBILITIES

1)CERECARE PHILIPPINES FOUNDATION,INC.is required to file on or before the 15th day

of the fourth month following the end of the 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 preceding period and a certificate showing that there has not been any

change in its By-laws, Articles of Incorporation, manner of operation and activities as well as

sources and disposition of income. Copy of this Certificate of Tax Exemption shall be attached to

the aforementioned Annual Information Return.

2) Under Section 235 of the National Internal Revenue Code of 1997, as amended, any provision of

existing general and special law to the contrary notwithstanding, the books of accounts and other pertinent records of tax-exempt organization or grantees of tax incentives shall be subject to examination by the BIR for purposes of ascertaining compliance with the conditions under which it has been granted tax exemptions or tax incentives, and its tax liabilities, if any.

3) Further, it is also required under Section 6(C) in relation to Section 237 of the National Internal Revenue Code of 1997, as amended, to issue duly registered receipts or sales or commercial invoices for each sale or transfer of merchandise or for services rendered which are not directly related to the activities for which the Association is registered. (Revenue Memorandum Circular No.[RMC] No.76-2003).

4)Finally, it is subject to the payment of registration fee of P500.00 as prescribed in Section 236 (B) of the National Internal Revenue Code of 1997, as amended.

3ReublicAtN. 1093 inerease te VAT thresol fom PL,1,00 o ,..oetiv Janay .21