BIR Ruling No. 348-2022
REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF FINANCE BUREAU OF INTERNAL REVENUE
Quezon City
OT-348 R.A. No. 8525 & RR No. 10-2003 BIR Ruling No. 1349-2018
JUN_3 g 2022
329 Bonifacio St.. Da aCity 8000 Alsons Development ard Investment Corporation
Attention: Mr. Amado C. Bernardino Management Services Group Assistant General Manager
Gentlemen:
This refers to Y our letter dated May 31, 2013 filed with the Large Taxpayer's Service (LTS) and indorsed to this ( ffi ce requesting the availment of tax incentives under the Adopt-A-School Act of 1998 or Repub ic Act (R.A.) No. 8525 covering the donation of the following:
Donated Item Amount (PhP)
Wage ubsidy of one(1) non-DepEd plantilla teacher for San Jo e Elementary School located in EdenToril Php Davao it
teacher fo Cabantian National High School located in Cabant an Davao City Wage suhsidies of three (3 non-DepEd plantilla
of Cal antian National High School located in School Ground Improvement and Landscaping work Cabant an Davao City
Total Amount Phl
Alsons Development and m estment Corporation Page 2 of 3 OT JUN 3 0 2022
R.A.No.8525.otherisknown as Providing Incentives Ther fore.and for Other Purposesprovides for the procedure in availing of said incentives: In reply. please be informed that Revenue Regulations (RR) No. 10-2003 implementing An Act Establishing anAdopt-A-School Program.
Section 6.Pro ed ures for the Availment of Tax Incentives under the Program by the Adopting I ri ate Entity. In order to avail of the tax incentives provided for under these Re gu ations. the following procedures and requirements should be complied with.vi
(a) National Secretariat shall endorse to the RDO of the Bureau of Internal
if the dor iti n or contribution is in the form of real property, the following: Revenue BR) having jurisdiction over the place of business of the adopting private er titcopy furnished the RDO having jurisdiction over the property
(iv) N (i) ( (ii) pro ing receipt of the donated property. Off cial receipts or any document showing the actual value of the pri ate entity's participation in the Program, as well as showing or duln tarized Deed of Donation Cer ifi ate of Title and Tax Declaration. it the donation is in the form Oth er adequate records showing the direct connection or relation of the expenses being claimed as deduction/donation to the adopting of ral propertyand dulnotarized'approved Agreement: con rilution/donation;
bAdopting private entity shall submit application for entitlement to the of the ad pting private entity. copy furnished the RDO having jurisdiction over the con nted real property." additiona5% special deduction from the gros income,and for exemption trom don r's tax to the RDO having jurisdiction over the place of business
Cabantian.Davao City taxpayer within its juris lic ion. this Offic incentives by ALDEVINin relation to the foreg School located in Eder -Toril Davao City and Cabantian National High School located in Program of R.A. No. 85 5. and that it has already submitted its application with the LTS as a large substantiation requirem nts that must be Corporation(ALDEVINCbefore it is allowed to claim the incentives under the Adopt-A-School Considering tha the foregoing Revenue Regulatiors is clear on the conditions and satisfied by Aisons Development and Investment going donations it made to San Jose Elementary no need to issue a Ruling on the availment of
Page 3 of 3 Alsons Development and In estment Corporation OT-348-2022 JUN 3 0 2022
income as computed wi hcut the benefit of this deduction.(BIF. Ruling No.223-il dated July 12 National Priority Plan i subject to limited deductibility or deduction to an amount not exceeding 2011 For purposes of ALDE /INCO's entitlement to the full deductibility of the contribution/ donation included in the current National Priority Plan. Otherwise, a donation not in accordance with the ALDEVINCO must pre sent a certificarion from the NEDA that the contributions/donations to San Jose Elementary Schoc located in Eden, Toril Davao City and Cabantian National High School located in Cabantian, Davao City are in accordance with priority programs, projects and activities 10% in the case of an ii diidual and 5% in the case of a corporation of the taxpayer's taxable net from gross income of tl e donor under Section 34(H)2a)of the Tax Code of 1997,as amended,
Please be guide.l ac cordingly.
Very truly yours,
Commissioner of Internal Revenue a CAESAR R. DULAY 052192 K-
which is made to the Goveri ment or to any of its agencies or political subdivision not in accordance with the said annual priority plan shall beubiect to the limitations prescribed in paragraph (1) of this Subsection. Economic and Development Authority (NEDA), in consultation with appropriate government agencies, including its regional development coun ils and private philanthropic persons and institutions; Provided, That any donation used in undertaking priority acrivities 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 political subdivisions, includi g fully-owned government corporations,exclusively to finance,to provide for,or to be 1 "(a) Donations to the Gove rnment. -- Donations to the Government of the Philippines or to any of its agencies or
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