BIR Ruling No. 622-2020

REPUBLICOF THE PHILIPPINES

DEPARTMENT OF FINANCE

BUREAU OF INTERNAL REVENUE

Quezon City

Certificate of Tax Exemption No

SH30-0622-2020

CERTIFICATE OF TAXEXEMPTION

issued to

DAVAO CHRISTIAN HIGH SCHOOL, INC.

V. Mapa St., Davao City 8000

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

2.

located within its premises, owned and operated by DAVAO CHRISTIAN HIGH

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_NOV 0 3 2020 1esomytay

CAESAR R. DULAY

Commissioner of Internal Revenue S 037502

K-1-JAC

Davao Christian High School, Inc. CTE No.S SH30-0622 -2020

Page 2 of 3 Date issued NOVI

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.DAVAO CHRISTIAN HIGH 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:

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

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 DAVAO CHRISTIAN HIGH SCHOOL, INC.'s interest income from currency bank deposits

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

Revenue District Office concerned an annual information return and duly audited financial statement together with the following: conditions that as a tax-exempt educational institution it shall on an annual basis submit to the

(a) Certification 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;

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

(c)Board 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

109(1)(H) of the National Internal Revenue Code of 1997, as amended, DAVAO CHRISTIAN

HIGH 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 IMMACULATE

HEART OF MARY ACADEMY OF MATI, DAVAO ORIENTAL, INC., are exempt from

taxation provided they are owned and operated by it as ancillary activities.

LIABILITY FOR INTERNAL REVENUE TAXES

1) INCOME TAX.

DAVAO CHRISTIANHIGH SCHOOL INC. is subject to income tax on all its

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

1 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.

Davao Christian High School, Inc. Page 3 of 3 CTE No.S0622-20 Date issued_NOV U 3 2U20

Exemption. Moreover, it is subject to the corresponding internal revenue taxes imposed under the National Internal Revenue Code of 1997, as amended, on its income derived from any of its for taxation, unless said revenues are actually, directly and exclusively used for educational properties, real or personal, or any activity conducted for profit, which income should be returned

purposes.

2) VALUE ADDED TAX/PERCENTAGE TAX

If DAVAO CHRISTIAN HIGH 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 Million Pesos (P3,000,000.00)3, or to the 3% percentage tax, if gross receipts do not exceed therefrom shall be subject to the 12% VAT, in case the gross receipts from such sales exceed Three 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.

DAVAO CHRISTIAN HIGH 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)DAVAO CHRISTIAN HIGH 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 P500.00 as prescribed in Section 236 (B)

of the National Internal Revenue Code of 1997, as amended.

O

3 Republic Act No.10963 increased the VAT threshold from P1,919,500.00 to P3,000,000.00 effective January 1, 2018.