BIR Ruling No. 360-2017

BUREAU OF INTERNAL REVENUF REPUBLIC OF THE PHILIPPINES DEPARTMENT OF FINANCE

Quezon City

Sec.101A3of the Tax Code of 1997

BIR Ruling No. 429-1 BIR Ruling No.083-13

Date

Real St., Abuyog, Leyte ABUYOG ACADEMY,INCORPORATED

Attention:ENGR.AIDA ZENAIDA LOPEZ-RINOS School Director

Gentlemen:

dated October 5.2012 forwarding to this office a request for exemption from the payment of donor's tax on the donation of parcels of land by AIDA ZENAIDA LOPEZ-RINOS DELVIN LOPEZ ARESGADO and LUCHIE LOPEZ PASADAS in favor of ABUYOG ACADEMY,INCORPORATED This refers to the indorsement letter of Revenue Region No. 14- Tacloban City

both located at Real St.. Brgy. Bito. Abuyog, Leyte: the said properties are covered by Tax INCORPORATED, is an educational institution with Taxpayer's Identification No. Judicial Settlement of the Estate of Eliseo N. Lopez with Donation wherein the two and 120 sq. m, respectively. On the other hand. the ABUYOG ACADEMY LOPEZ ARESGADO and LUCHIE LOPEZ PASADAS executed a Deed of Extra- properties were donated to ABUYOG ACADEMY,INCORPORATED died intestate on October 29, 1976 in Abuyog, Leyte; the latter owns two parcels of land Declaration Nos. No. ARESGADO and LUCHIE LOPEZ PASADAS are the heirs of ELISEO N.LOPEZ who It is represented that AIDA ZENAIDA LOPEZ-RINOS.DELVIN LOPEZ and registered with the Securities and Exchange Commission under Registration On September 25.20I2.AIDA ZENAIDA LOPEZ-RINOS.DELVIN and with a total area of 5.189 sq. m.

Director of Revenue Region'No. 8-Tacloban City on May 19. 1977. in 1977. Tax Declaration No. Regional Director of Revenue Region No. 8-Tacloban City on May 19, 1977 Abuyog, Leyte" the property is covered by Tax Declaration No. in 1974. Tax Declaration No. As certified in the History/Tracer of the Property Owned By ELISEO N. LOPEZ Located at Brgy. Bito. 2 As certified in the History/Tracer of the Property Owned By ELISEO N. LOPEZ Located at Brgy. Bito. Abuyog. Leyte" the property is covered by Tax Declaration No. appears in the Certificate Authorizing Registration issued by the Regional appears in the Certificate Authorizing Registration issued by the under Fifth Revision(R5 conducted under Fifth Revision(R5) conducted

Abuyog Academy, Incorporated Page 2 of 2

exempt from the payment of the donor's tax pursuant to Section 101 (A) (3) of the Tax Code of 1997. as amended. subject to the condition that not more than 30% of said gifi shall be used by the donee for administration purposes. (BIR Ruling No. 429-11 daied religious. cultural or social welfare corporation. institution. accredited nongovernment organization, trust or philanthropic organization or research institution or organization is November 4, 2011: BIR Ruling No. 083-13 dated February 25, 2013) In reply. please be informed that gifts in favor of an educational and/or charitable

subject the donation of the above mentioned real properties to donor's tax. donation of real property, the Register of Deeds shall annotate this condition at the back of the Transfer Certificate of Title because failure to comply with the said condition shall institution, any donation to it is excmpt from the payment of donor's tax pursuant to the above provisions of the Tax Code subject to the condition that not more than thirty percent (30%) of said gift shall be used by the donee for administration purposes. In case of Inasmuch as ABUYOG ACADEMY, INCORPORATED is an educational

to applicable revenue issuances on Certificates Authorizing Registration. Absent the said the said properties should be subjected to the appropriate Estate Taxes before it can be transferred to the donee. liability arising from the said transmission of properties declared in the return filed'with the said office. However, the said Certification should be verified and validated pursuant Registration dated May 19. 1977 issued by the Regional Director of Revenue Region No. 8 -- Tacloban City certifying that the Heirs of ELISEO N. LOPEZ are cleared of any tax verification and issuance of the corresponding Certificate Authorizing Registration, It is noted that attached on the docket is a copy of a Certification Authorizing

documentary stamp tax prescribed under Section 196 of the Tax Code of 1997. but only to the documentary stamp tax of P15.00 imposed under Section 188 of the same Tax Code. Moreover. the Deed of Donation is not subject to the capital gains tax and to the

However, if upon investigation it will be disclosed that the facts are different. then this ruling shall be considered null and void. This ruling is being issued on the basis of the foregoing facts as represcnted

Very truly yours. A

Commissioner of Internal Revenue CAESAR R.DULAY

008533 KI-NRA