BIR Ruling No. 332-2017
REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF FINANCE BUREAU OF INTERNAL REVENUE
Quezon City
Certificate of Tax Exemption No.
332-2017
CERTIFICATE OF TAXEXEMPTION
issued to
COLEGIO SAN NICOLAS DE TOLENTINO-RECOLETOS (CSNT-R)INC
Lizares St. Brgy. Zone 6, Talisay City 6155, Negros Occidental SEC Company Reg. No. TIN:
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; 2. Income derived from the operation of cafeterias/canteens and bookstores
Iocated within its premises, owned and operated by COLEGIO SAN NICOLAS DE TOLENTINO-RECOLETOS (CSNT-R),INC. to be actually directly and exclusively used for educational purposes; and 3.Donations and Grants.
lothing 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 JUN 30 2017
1C
K-1/spf Commissioner of Internal Revenue CAESAR R.DULAY 007448
Colegio San Nicolas De Tolentino-Recoletos (CSNT-R), Inc Page 2 of 3 CTE No. Date issued 6-30-2017 332-2017
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
I INCOME TAX
COLEGIO SAN NICOLAS DE TOLENTINO-RECOLETOS(CSNT-R),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:
ii. Its revenues are actually, directly and exclusively used for educational purposes. i. It is a non-stock. non-profit educational institution: and
COLEGIO SAN NICOLAS DE TOLENTINO-RECOLETOS (CSNT-R), INC.'s interest income from currency bank deposits 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 7 1/2% tax on interest income 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 educational 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 following:
earned from passive investment not subject to the 20% final withholding tax (a)Certification from their depository banks as to the amount of interest income
and 7 1/2% 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. 137-871.
2) VALUE ADDED TAX (VAT)ON EDUCATIONAL SERVICES
Pursuant to Section 109(1)(H) of the NIRC,COLEGIO SAN NICOLAS DE TOLENTINO RECOLETOS (CSNT-R),INC.'s gross receipts from operations as a non-stock, non-profit educational institution is exempt from VAT
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Page 3 of 3 Colegio San Nicolas De Tolentino Recoletos (CSNT-R), Inc. CTE No. Date issued 6-30.2037 332-2017
LIABILITY FOR INTERNAL REVENUE TAXES
1) INCOME TAX
COLEGIO SAN NICOLAS DE TOLENTINO-RECOLETOS(CSNT-R),INC.is subiect to
or any activity conducted for profit, which income should be returned for taxation, unless said income tax on all its income/ receipts/ revenues not expressly exempted and stated in the imposed under NIRC, as amended, on its income derived from any of its properties, real or personal. Certificate of Tax Exemption. Moreover, it is subject to the corresponding internal revenue taxes
revenues are actually,directly and exclusively used for educational purposes.
2) VALUE ADDED TAX
thereto, in general, it shall be liable for VAT on the revenues derived therefrom. in the sale of goods or services in the course of a business pursuit, including transactions incidental If COLEGIO SAN NICOLAS DE TOLENTINO-RECOLETOS(CSNT-R),INC.is engaged
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 NIRC.
3)WITHHOLDING TAX
COLEGIO SANNICOLASDE TOLENTINO-RECOLETOS(CSNT-R),INC.shal be
57 of the NIRC, and as implemented by Revenue Regulations No. 2-98, as amended. income payments to individuals or corporations subject to the withholding tax pursuant to Section 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 NIRC.as implemented by Revenue Regulations No.2-98,as amendedor if it makes
TAXPAYERDUTIES& RESPONSIBILITIES
COLEGIO SAN NICOLAS DE TOLENTINO-RECOLETOS(CSNT-R),INC.is required to and Loss Statement and Balance Sheet with the Annual Information Return under oath, stating its has not been any change in its By-laws, Articles of Incorporation,manner of operation and activities attached to the aforementioned Annual Information Return. file on or before the 1Sth day of the fourth month following the end of the accounting period a Profit as well as sources and disposition of income. Copy of this Certificate of Tax Exemption shall be gross income and expenses incurred during the preceding period and a certificate showing that there
2) Under Section 235 of the National Internal Revenue Code of 1997, as amended, any provision of it has been granted tax exemptions or tax incentives, and its tax liabilities, if any. 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
3) Further, it is also required under Section 6(C) in relation to Section 237 of the National Internal No. [RMC] No. 76-2003). Revenue Code of 1997, as amended, to issue duly registered receipts or sales or commercial related to the activities for which the Association is registered. (Revenue Memorandum Circular invoices for each sale or transfer of merchandise or for services rendered which are not directly
4)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.
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