bir_ruling BIR Ruling No. 480-2018BIR Ruling No. 480-2018

BIR Ruling No. 480-2018

REPUBLIC OF THE PHILIPPINES

BUREAU OF INTERNAL REVENUE DEPARTMENT OF FINANCE

Quezon City

Certificate of Tax Exemption No.

480-2018

CERTIFICATE OF TAX EXEMPTION

issued to

OBREROS DE SAN JOSE FOUNDATION, INC. Fundidor, Molo, Iloilo City 5000

SEC Company Reg. No. TIN

proven by actual operation that its primary purpose is one of those enumerated under Section 30(E) of the National Internal Revenue Code of 1997,as amended. It is exempt from INCOME TAX only on the following revenues or receipts: This certifies that the above-named entity is a non-stock, non-profit corporation and has

I Donations.

nothing follow

integral part hereof. It is liable, however. to all other taxes not enumerated above. 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

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. This certification shall be valid for three (3) years from the date of issuance until

provided under Revenue Memorandum Order (RMO) No. 20-2013. Failure to renew this Certificate shall be deemed a revocation thereof upon the expiration of the three (3)-year period. This Certificate may be renewed upon filing of a subsequent application for revalidation

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. This Certificate of Tax Exemption is being issued on the basis of the facts and

Issued this day ofMAR142018

aom

KI JESS K1-FR-16-0371 Commissioner of Internal Revenue CAESAR R.DULAY 014350

Obreros de San Jose Foundation Inc. Page 2 of 3 CTE No. 480-2018 Date Issued: 3-14-2018

OF THE CERTIFICATE OF TAX EXEMPTION TERMS AND CONDITIONS

TAX EXEMPTION

1) INCOME TAX.

provided, that no part of its net income or asset shall belong to. or inure to the benefit of any member, organizer, officer or any specific person. OBREROS DE SAN JOSE FOUNDATION, INC. is exempt from the payment of income tax only on revenues and receipts enumerated on the Certificate of Tax Exemption

LIABILITY FOR INTERNAL REVENUE TAXES

1) INCOME TAX

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 properties, real or personal, or any activity conducted for profit regardless of the disposition thereof, which income should be returned for taxation. OBREROS DE SAN JOSE FOUNDATION,INC. is subject to income tax on all its income/receipts/revenues not expressly exempted and stated in the Certificate of Tax

and royalties derived from sources within the Philippines are subject to the twenty percent (20%) final withholding tax: Provided, however, that interest income derived by it from a depository bank under the expanded foreign currency deposit system shall be subject to seven and one-half percent (7-1/2%) final withholding income tax pursuant to Section 27(D)(1) in relation to Sec. 57(A) both of the National Internal Revenue Code of 1997, as Likewise. interest income from currency bank deposits and yield or any other monetary benefits from deposit substitute instruments and from trust funds and similar arrangements. amended.

2) VALUE ADDED TAX/PERCENTAGE TAX

If OBREROS DE SAN JOSE FOUNDATION, 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 One Million Nine Hundred Nineteen Thousand Five Hundred Pesos (P1.919,500.00), or to the 3% percentage tax, if gross receipts do not exceed P1.919.500.00.

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% Value-added tax pursuant to Sections 106 and 107 of the National Internal Revenue Code of 1997, as amended.

3 WITHHOLDING TAX

OBREROS DE SAN JOSE FOUNDATION, 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,as implemented by Revenue Regulations No.2-98.as amended.

Obreros de San Jose Foundation (nc. CTE No.4802018

Page 3 of 3 Date (ssued: _3-142018

TAXPAYER'S DUTIES & RESPONSIBILITIES

OBREROS DE SAN JOSE FOUNDATION, 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. Articies of Incorporation, manner of

Certificate of Tax Exemption shall be attached to the aforementioned Annual Information operation and activities as well as sources and disposition of income. Copy of this

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 incentives, and its tax liabilities, if any. compliance with the conditions under which it has been granted tax exemptions or tax

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 Corporation is registered. (Revenue Memorandum Circular No. [RMC] No. 76-2003).

4} Finally, it is subject to the payment of registration fee of PhP500.00 as prescribed in

Section 236(B) of the National Internal Revenue Code of 1997, as amended.

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