BIR Ruling No. 289-2021

REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF FINANCE BUREAU OF INTERNAL REVENUE Quezon City

Certificate of Tax Exemption No

29-2021

CERTIFICATE OF TAX EXEMPTION

issued to

LA SAPIENZA LEARNING.CENTER INC Lasalec Main Campus, 637 Azucena St., Purok Maligaya,

Barangay Gulang-Gulang, Lucena City, Quezon 430i

SEC Company Reg. No. TN:

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 and Miscellaneous Fees; and 2. Income derived from the operation of cafeterias/canteens, dormitories and

bookstores located within its premises, owned and operated by LA SAPIENZA LEARNING CENTER 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 he considered null and void.

Issued this day of-AUG i 3 ?

1aw cn4 CAESAR R. DULAY Commissioner of Internal Revenue K- 044321

LA SAPIENZA LEARNING CENTER INC. Page 2 of 3 Date issued_AUG g 3 202H CTE No. -289-L2

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. LA SAPIENZA LEARNING CENTER INC, is exempt from the 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: payment of income tax only on revenues and receipts enumerated on the Certificate

1 It is a non-stock, non-profit educational institution: and '. Its revenues are actually, directly and exclusively used for educational purposes.

deposits and yield from deposit substitute instruments used actually, directly and LA SAPIENZA LEARNING CENTER INC.'s interest income from currency bank

exclusively in pursuance of its purpose as an educational institution, are exempt from the 20% final tax and 15%' tax under the expanded foreign currency deposit system imposed under Section 27(D)(1) of the National Internal Revenue Code of 1997, as amended, subject to compliance with the conditions that as a tax-exempt institution it shall on an annual basis submit to the Revenue District Office concerned an annual information return and duly audited financial statement together with the foltowing:

a b} C Certification of actual utilization of the said income; and Board Resolution by the school administration on proposed projects (i.e. 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- construction and/or improvement of school buildings and facilities, acquisition of Certification from their depository bank as to the amount of interest income earned from passive investment not subject to the 20% final withholding tax and imposed by Section 27(D)(1) of the National Internal Revenue Code of 1997, as amended. 15% tax on interest income under the expanded foreign currency deposit system

2) VALUE ADDED TAX (VAT) ON EDUCATIONAL SERVICES. Pursuant to Section LEARNING CENTER INC.'s, gross receipts from operations as a non-stock, non-profit 109(1)(H) of the National Internal Revenue Code of 1997, as amended, LA SAPIENZA educational institution are exempt from VAT. Moreover, revenues derived from assets used in the operation of cafeterias/canteens, dormitories and bookstores located within the premises of LA SAPIENZA LEARNING CENTER INC. are exempt from taxation provided they are owned and operated by it as ancillary services.

LIABILITY FOR INTERNAL REVENUE TAXES

1)INCOME TAX LA SAPIENZA LEARNING CENTER INC. is subject to income tax on all its should be returned for taxation, unless said revenues are actually, directly and exclusively income/receipts/revenues not expressly exempted and stated in the Certificate of Tax Exemption. Moreover, it is subject to the corresponding internal revenue taxes imposed under National Internal Revenue Code of 1997, as amended, on its income derived from any of its properties, real or personal, or any activity conducted for profit, which income used for educational purposes. O

' Republic Act No. 10963 increased the tax rate from 7.5% to I5% effective Jan. I. 2018 Departnent Order No. 149.95 dated Noverrber 24. 1995 amending 1xepattment Order No. 137 37

Page 3 of 3 LA SAPIENZA LEARNING CENTER INC Date issued_AUG 0 3 2027 CTE No. 289-202

2) VALUE ADDED TAX/PERCENTAGE TAX If LA SAPIENZA LEARNING CENTER INC. is engaged in the sale of goods or services in the course of a business pursuit, including transactions incidental thereto, its revenues derived therefrom shall be subject to the 12% VAT, in case the gross receipts from such sales exceed Three Million Pesos (3,000,000.003, or to the 3% percentage tax, if gross receipts do not exceed P3,000,000.00.

properties, services and importation of goods shall nevertheless be subject to the 12% VAT pursuant to Sections 106, 107 and 108 of the National Internal Revenue Code of Notwithstanding that it is a non-stock, non-profit corporation, its purchase of goods or 1997, as amended.

3)WITHHOLDING TAX LA SAPIENZA LEARNING CENTER INC. shall be constituted as withholding agent 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- 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 98,as amended.

TAXPAYER DUTIES & RESPONSIBILITIES I)The honoraria/allowances given to members of the Board of Trustees must be reasonable

and subject to liquidation (DOF Opinion No. 005-2019).

2) 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.

3)Under Section 235 of the National Internal Revenue Code of 1997, as amended, any provision Iiabilities, if any. other pertinent records of tax-exempt organization or grantees of tax incentives shall be of existing general and special law to the contrary notwithstanding, the books of accounts and 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

4) 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).

5)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.

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