BIR Ruling No. 279-2022

BUREAU OF INTERNAL REVENUE :3EPUBLIC OF THE PHI IPPINES DEPARTMENT OF FINANCE

Quczon City

L3L#_0 2 202 01-779. Sections 6(E) and 24(D)(1) of the B{R Ruling No.041-200 Department Order No. 058-18 Tax Code of 1997. as amended:

Las Pinias City Evia Lifestyle Center Lower Ground Floor Daang Hari. Almanza Dos BRIA HOMES, INC.

Attention: Atiy. Cecilia A. Ramilo,_CPA Vice President

Gentlemen:

as to the applicable zonal values on certain real properties pursuant to the Department of Finance Order No. 058-2018 which becaine effective on December 14. 2C18. This refers to your request on behalf of Bria Homes. Inc. (the "Company") for clarification

selling or leasing activities. to wit: 2018 to January l1. 2020 from several individual landowners wFo are not engaged in real estate Properties") located in Brgy. Tipacan. Lipa City. Batangas on several dates from September 12 It is represented that the Company made purchases of Eight (8) parcels of tand (the "Subject

Roald H. Diaz Lescano Hieirs of Spouses Irene B. Tolentino Ha:rs of Spouses Marcela Katigbak- Dorningo L. Tolentino and Heirs of Spouses Pastor Rigs and Monica He.rs of Spouses Fermin Filomeno Lescano & Villanueva-Rigos Daou & Rosita Dabu Sellers Lot No. TCT No Tax Dec. No. Residential - 28.219 Agricultural -- 1.410 Agricultural -- 10.000 Agriculturat - 10.242 Agricultural -- 17.214 Residential - 400 Agricultural -- 11.604 Agricultural -- 6.897 Agricultural - 17.917 Class/Area in Square Meters I Jan. 10. 2020 "Feb. 22. 2019 Dec. 28. 2018 Feb. 8,2019 Sept. 12, 2018 Purchase and Agreement to Sell (ATPS) Date

Briu Homes Section 6(E) OT-279.2022 3HN r ? ??2

tots are classified as "Agricultural". except for Lot and portion of Lot "Residential" as of the acquisition date. It must be noted that all the above lots are covered by separate Tax Dectarations and most to the extera of 400 square meters. which are already classified as witl: an area of 28.219 square meters

properties located in Brgy. Tipacan. Lipa City: Furthermore, the D0 No. 058-201 8 provides for the following table of zonal values for real

*PREVIOUSLY IDENTIFIED AS TANGOB.SAN JOSE. LATAG. ANTIPOLO DEL SU'R. PINAGKAWITAN. STO. TORIBIO. SAN BENITO BARANGAY ALL LOtS ROAD **(NEW) INTERIOR ALONG BRGY TIPACAN CLASSiFICATiOn A50 A50 RR CR RR GP L 4 REVISION ZV/SO. M.

residentiai. as the case may be. based on the classification of the lots per latest Tax Declarations. on the latest Tax Declaration covering the properties: or (c). Zonal values as agricultural or gains tax (CGT) and the documentary stamp tax (DST) due on the sale transaction between the landowners and the Company. the tax base shall be whichever is: higher between/among the: (a) Selling Price as stated in the sale document executed by the paities: (b) Fair Market Value based In view of the foregoing. you now' request for confirmation that in computing the capital

transfer of real property. that the zonal values established within the jurisdiction of Revente District Office (RDO) No. 59- Lipa City. East Batangas. pursuant to Section 6(E) of the National Internal Revenue Code (Tax Code) of 1997. as amended. shalt app!y: for purposes of computing any internal revenue tax due than the: (1) fair market value as shown in the schedule of v alues of the provincial or city assessor: and (2) gross selling price/consideration'as shown in the dul, notarized document of sale or on sale/transfer or any other disposition of -eal properties. provided that said zonal values is higher In reply. please be informed that Department of Finance Order (D.0.) No. 058- 1 8 provides

meter. square meter. industrial properties are val .rd at P Lipa City have already been determined and established under D.O. No. 058-18. supra. The properties located in Barangay Tipacan had aiready been classified as commercial. industrial. general purpose. agricultural and residen:ul. Commercial properties are valued at I are valued at P I per square meter and agricuItural properties are valued at: ? In this case. the classification and valuation of the properties located in Barangay Tipacan. I and :r suuare meter. general surpose properties are valued at per square meter. residential properties ' and per square I per

Bria Homes Section 6(E} OT- 2 7 9 - 2 0 2 2 j1N f ? 202Z

covering the properties; or (c) Zonal values as agricultural or residential. as the case may be. based Company, the tax base shall be whichever is higher among the: (a) Selling Price as stated in the on the classification of the lots as shown per latest Tax Declarations. market values determined by the provincial or city assessor and established fair market values or zonal values determined by the Commissioner of Internal Reverue pursuant to Section 6(E} of the computing the CGT and DST due on -the sale transaction between the landowners and the sale document executed by the parties: (b) Fair Market Value based on the latest Tax Declaration Tax Code of 1997. as amended, this Office hereby confirms your opinion that for purposes of Considering that the Subject Properties have the corre:sponding classification and fair

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 represented. However. if

Very truly yours. AM&

Commissioner Qf Internal Revenue CAESAR R. DULAY

3: 75173:

A

I-! (r's(bria homes)