BIR Ruling No. 344-2022

REPUBLICOFTHEPHILIPIINES

BUREAU OF INTERNAL REVENUE DELARTMENTOF FINANCE

Quezon City

OF-3 4 BIR Ruling No 1349-2018 RA No. 8525 & RR No. 10-2003

329 Bonifacio St.Davaity 8000 Alsons Development ard Investment Corporation

Attention: Mr. Amado C. Bernardino Assistant General Manager

Gentlemen:

(LTS) and indorsed to tl is Office requesting the availment of tax incentives under the Adopt-A. one (1) non-DepEd pla ntila teacher for San Jose Elementary School located in Eden, Toril School Act of 1998 or F epublic Act (R.A.) No. 8525 covering the donation of wage subsidy of Davao City for the yea211 with donated value of PhP This refers to yo ir letter dated August 1,2012 filed with the Large Taxpayer's Service

R.A. No.8525.other ise known as An Act Establishing an Adopt-A-School Program Providing Incentives Thereore.and for Other Purposes.provides for the procedure in availing of said incentives: In reply. please |e informed that Revenue Regulations (RR) No. 10-2003 implementing

"Section 6.Proc dures for the Availment of Tax Incentives under the Program by the Adopting P:ive te Entity. In order to avail of the tax incentives provided for under these Re ul tions. the following procedures and requirements should be complied with.i-

(a National ecretariat shall endorse to the RDO of the Bureau of Internal

Revenue(3IRhaving jurisdiction over the place of business of the adopting private en itycopy furnished the RDO having jurisdiction over the property

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if the do nation or contribution is in the form of real property,the following

(iii)Of icial receipts or any document showing the actual value of the (ii iv i duly notarized Deed of Donation Ce tificate of Title and Tax Declaration, if the donation is in the form du y notarized/approved Agreement: co itribution/donation:

M of eal propertyand Ot ier adequate records showing the direct connection or relation of

pre ving receipt of the donated property. the e penses being claimed as deduction/donation to the adopting pri ate entity's participation in the Program, as well as showing or

(b Adoptin:private entity shall submit application for entitlement to the

of the ad opting private entity, copy furnished the RDO having jurisdiction from dor or's tax to the RDO having jurisdiction over the place of business over the lonated real property. additionI 50% special deduction from the gross income,and for exemption

incentives by ALDEVI ICO in relation to the foregoing donation it made to San Jose Elementary School located in Eden. Icril Davao City. Program of R.A. No. 8525. and that it has already submitted its application with the LTS as a large taxpayer within its juri di tion. this Office sees no need to issue a Ruling on the availment of substantiation requiren ents that must be satisfied by Alsons Development and Investment Corporation(ALDEVIT CObefore it is allowed to claim the incentives under the Adopt-A-School Considering th t the foregoing Revenue Regulations is clear on the conditions and

of 1997'. as amended. AI DEVINCO_must_present a certification from the NEDA that the contribution/donation fi m gross income of the donor under Section 34(H2a of the Tax Code For purposes of ALDEVINCO's entitlement to the full deductibility of the

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regional development coun ils and private philanthropic persons and institutions; Provided, That any donation which is made to the Gover ment or to any of its agencies or political subdivision not in accordance with the said annual priority plan shall be ub ect to the limitations prescribed in paragaph (1) of this Subsection. used in undertaking priority activities in education, health, youth and sports development, human settlements, Science and culture, and in e onomic development according to a National Priority Plan determined by the National Economic and Development Au:hority (NEDA), in consultation with appropriate government agencies, including its 1"(a) Donations to the Gov. rnment. - Donations to the Government of the Philippines or to any of its agencies or political subdivisions, includi g fully-owned government corporations,excusively to finance, to provide for,or to be

Alsons Development anc In estment Corporation Page3of3 Of-34 4 - 2022

of this deduction. (BIR R ling No. 223-11 dated July 12. 201l) contribution/donation io_San Jose Elementary School located in Eden, Toril Davao City is in in the case of a corpor ioi of the taxpayer's taxable net income as computed without the benefit accordance with priorit programs, projects and activities included in the current National Priority Plan. Otherwise. donat ons not in accordance with the National Priority Plan is subject to limited deductibility or deduct on to an amount not exceeding 10% in the case of an individual and 5%

Please be guide I a cordingly.

Very truly yours.

w

Commissioner of Internal Revenue CAESAR R. DULAY 052189

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