BIR Ruling No. 355-2020

REPUBLICOFTHE PHILIPPINES

DEPARTMENT OF FINANCE BUREAU OF INTERNAL REVENUE

Quezon City

Certificate of Tax Exemption No.

SH70-0355-2020

CERTIFICATE OF TAX EXEMPTION

issued to

ST. ANDREWS SCHOOL, INC. Poblacion Amlan, Negros Oriental 6203

SEC Company Reg. No. TIN:

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

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

located within its premises, owned and operated by ST. ANDREWS SCHOOL, 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 of _ JUN 2 5 2020

1a3aM

CAESAR R.DULAY

Commissioner of Internal Revenue

035463

K-1-JAC

St. Andrews School, Inc. CTE No.SH30-0355-2020 Page 2 of 3 Date issuedJUN 2 5 2U2U

TERMS AND CONDITIONS

OF THE CERTIFICATE OF TAX EXEMPTION

under Section 30(H) of the National Internal Revenue Code of 1997, as Amended For Non-Stock, Non-Profit Educational Institution

TAX EXEMPTION

1)INCOME TAX.ST.ANDREWS SCHOOL,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

ST. ANDREWS SCHOOL, 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 tax-exempt educational institution it shall on an annual basis submit to the Revenue District Office Internal Revenue Code of 1997, as amended, subject to compliance with the conditions that as a

concerned an annual information return and duly audited financial statement together with the following:

(a)Certification from their depository banks as to the amount of interest income

and 15% tax on interest income under the expanded foreign currency deposit earned from passive investment not subject to the 20% final withholding tax system imposed by Section 27 (D) (1) of the National Internal Revenue Code of 1997, as amended;

(b)Certification of actual utilization of the said income; and

(c)Board Resolution by the school administration on proposed projects (i.e..

of equipment, books and the like) to be funded out of the money deposited in construction and/or improvement of school buildings and facilities, acquisition 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

109(1)(H) of the National Internal Revenue Code of 1997, as amended, ST. ANDREWS

SCHOOL, 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 ST. ANDREWS SCHOOL, INC. are exempt from taxation provided they are owned and operated by it as ancillary

activities.

LIABILITY FOR INTERNAL REVENUE TAXES

1)INCOME TAX.

ST. ANDREWS SCHOOL, INC. is subject to income tax on all its income/receipts/revenues not expressly exempted and stated in the Certificate of Tax O

St. Andrews School, Inc. Page 3 of 3 CTE No._SH 30 - 0 3 5 5 - 2 0 2 0 Date issued JUN 2 5 202U

National Internal Revenue Code of 1997, as amended, on its income derived from any of its Exemption. Moreover, it is subject to the corresponding internal revenue taxes imposed under 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 ST. ANDREWS SCHOOL, 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 (P3,000,000.00)3, or to the 3% percentage tax, if gross receipts do not exceed P3,000,000.00. subject to the 12% VAT, in case the gross receipts from such sales exceed Three Million Pesos

Notwithstanding that it is a non-stock, non-profit corporation, its purchase of goods or properties Sections 106 and 107 of the National Internal Revenue Code of 1997, as amended. or services and importation of goods shall nevertheless be subject to the 12% VAT pursuant to

3)WITHHOLDING TAX.

ST. ANDREWS SCHOOL, INC. shall be constituted as withholding 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 ST. ANDREWS SCHOOL, 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 PhP 500.00 as prescribed in Section 236

(B) of the National Internal Revenue Code of 1997, as amended.