bir_ruling BIR Ruling No. 97-2018BIR Ruling No. 97-2018

BIR Ruling No. 97-2018

REPUBLIC OF THE PHILIPPINES

BUREAU OF INTERNAL REVENUE DEPARTMENT OF FINANCE Quezon City

Certificate of Tax Exemption No.

097-2018

CERTIFICATE OF TAX EXEMPTION

issued to

MANRESA SCHOOL, INC Candida Maria St., Brgy. BF Homes Dist. II, Paraniaque City TIN:

SEC Company Reg. No.

This certifies that the above-named corporation is a non-stock. non-profit corporatior 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 operation of cafeterias/canteens, dormitories and

SCHOOL, INC., to be actualiy, directly and exclusively used for educational bookstores located within its premises, owned and operated by MANRESA

purposes.

nothing foliows 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.

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 for violation of any provisions of applicable rules and regulations of the BIR, or the terms and basis for its income tax exemption. This certification shall be valid from the date of issuance until revoked by this Office

that the facts are different. then this Certificate shall be considered null and void. documents as represented and submitted. However, if upon investigation, the BIR ascertains This Certificate of Tax Exemption is being :issued on the basis of the facts and Issued this day of : :. 3 1 2018

C CA

K- Commissioner of Internal Revenue CAESAR R. DULAY 012856

6c Z of3

!}INCOME TAX. MANRESA SCHOOLINC. is exempt from the payment of income tax only TAX EXEMPTION Order (RMO) No 44-2016. to wit: the school must continue to meet the following requisites as set forth under Revenue Memorandum on revenues and receipts enumerated on the Certificate of Tax Exemption. It is understood that H under Section 30(H) of the Nationat Internal Revenue Code of 1997. as Amended It is a non-stock, non-profit educational institution; and Its revenues are actually, directly and exclusively used for educational purposes! For Non-Stock. Non-Profit Educational Institutior OF THE CERTIFICATE OF TAX EXEMPTION TERMS AND CONDITIONS Date issued 1-31-2018 CTE No. 097-2018

the following: Office concerned an annual information return and duly audited financial statement together with that as a tax-exempt educational institution it shall on an annual basis submit to the Revenue District National Internal Revenue Code of 1997. as amended, subject to compliance with the conditions under the expanded foreign currency deposit system imposed under Section 27 (D) (1) of the an educational institution, are exempt from the 20% fina! tax and 7 1/2% tax on interest income deposit substitute instruments used actuafly, directly and exclusively in pursuance of its purpose as MANRESA..SCHOOL..INC.'s interest income from currency bank deposits and yield from

ariment Order No. 149-95 dated November 24. 1 995 amending Department Order No. 137-87 LIABILITY FOR INTERNAL REVENUE TAXES ) INCOME TAX from any of its properties. real or personai. or any activity conducted for profit, which income the correspording internal revenue taxes imposed under NIRC, as amended. on its income derived 2) VALUE ADDED TAX (VAT) ON EDUCATIONAL SERVICES. Pursuant to Section expressiy exempted and stated in the Certificate of Tax Exemption. Moreover, it is subject to MANRESA SCHOOL,INC. is subject to income tax on all its income/receipts/revenues not Stock. non-profit educational institution are exempt from VAT. 109(!X(H) of the NIRC. MANRESA SCHOOL. INC.'s gross receipts from operations as a non- {37-87 following the end of its taxable year (Sec. 4, Finance Department Order No. banks or placed in money markets, on or before the I 5th day of the fourth month 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 (c)Board Resolution by the school administration on proposed projects (i.e.. (b)Certification of actual utilization of the said income; and of 1997. as amended; System imposed by Section 27 (D) (1) of the National Internal Revenue Code and 7 1/2% tax on interest income under the expanded foreign currency deposit earned from passive investment not subject to the 20% final withholding tax (a)Certification from their depository banks as to the amount of interest income

Manresa School, Inc. Page 3 of 3 Date issued 1-37-2018 CTE No. 097-20 18

should be returned for taxation. unless said revenues are actually: directly and exclusively used for educational purposes. 2) VALUE ADDED TAX/PERCENTAGE TAX

business pursuit. including transactions incidental thereto. its revenues derived therefrom shall be Hundred Nineteen Thousand Five Hundred Pesos (P1.919,500.00). or to the 3% percentage tax. if If MANRESA SCHOOL, INC. is engaged in the sale of goods or services in the course of a subject to the 12% VAT. in case the gross receipts from such sales exceed One Milion Nine gross receipts do not exceed P1.919.500.00.

Sections 106 and 107 of the NIRC. 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

3) WITHHOLdING TAX

No. 2-98. as ainended. or if it makes income payments to individuals or corporations subject to the No. 2-98, as amended. 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 NiRC, as implemented by Revenue Regulations MANRESA SCHOOL. INC. shall be constituted as withholding agent for the government if it withholding tax pursuant to Section 57 of the NIRC, and as implemented by Revenue Regulations

TAXPAYER DUTIES & RESPONSIBILITIES

MANRESA SCHOOL. INC. is required to file on or before the 15th day of the fourth month Information Return. income. Copy of this Certificate of Tax Exemption shall be attached to the aforementioned Annual Annual Information Return under oath, stating its gross income and expenses incurred during the Articles of incorporation. manner of operation and activities as well as sources and disposition of following the end of the accounting period a Profit and Loss Statement and Balance Sheet with the preceding period and a certificate showing that there has not been any change in its By-laws.

2) Under Section 235 of the National Internal Revenue Code of 1997, as amended, any provision of it has been granted tax exemptions or tax incentives, and its tax liabilities, if any. 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 existing general and special law to the contrary notwithstanding, the books of accounts and other

3) Further. it is also required under Section 6(C) in re{ation to Section 237 of the National internal No. [RMC] No. 76-2003). 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 Revenue Code of 1997. as amended. to issue duly registered receipts or sales or commercial

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.

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