BIR Ruling No. 294-2018
REPUBLICOFHE PHILIPPINES
DEPARTMENT OF FINANCE BUREAU OF INTERNAL REVENUE
Quezon City.
Certificate of Tax Exemption No.
294-2018
CERTIFICATE OF TAX EXEMPTION
issued to
THE REGIONAL SUPERIOR OF THE MISSIONARIES OF CHARITY INC.
1030 Tayuman St., Brgy. 234. Zone 22, Tondo, Manila 1012
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 falls under Section 30 (E) of the
National Internal Revenue Code (NIRC) of 1997, as amended. It is exempt from INCOME
TAX only on the following revenues or receipts:
1. Support, Contributions and Donations.
nothing follow
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 for three (3) years from the date of issuance unless
earlier revoked by this Office for violation of any provisions of applicable rules and regulations
of BIR, or the terms and conditions herein set forth.
This Certificate may be renewed upon filing of a subsequent application for revalidation
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 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 MAR 0 1 2018
ww CAESAR R. DULAY Commissioner of Internal Revenue 013975 K-I-JAC
The Regional Superior of the Missionaries of Charity Inc. Page 2 of 3 CTE No.294-2018 Date issued 3--1-2018
TERMS AND CONDITIONS OF THE CERTIFICATE OF TAX EXEMPTION
TAX EXEMPTION
1) INCOME TAX. THE REGIONAL SUPERIOR OF THE MISSIONARIES OF CHARITY
INC. is only exempt from the payment of income tax on revenues and receipts enumerated
on the Certificate of Tax Exemption. Moreover, to be entitled to the tax exemptions
enumerated herein, the association/corporation/ organization must continue to meet the
requirements set forth under Revenue Memorandum Order No. 20-2013.
LIABILITY FOR INTERNAL REVENUE TAXES
1) INCOME TAX
THE REGIONAL SUPERIOR OF THE MISSIONARIES OF CHARITY INC. is subject to
income tax on all its 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 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.
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.
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
amended.
2) VALUE ADDED TAX/PERCENTAGE TAX
If THE REGIONAL SUPERIOR OF THE MISSIONARIES OF CHARITY 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%
V AT, 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%
VAT pursuant to Sections 106 and 107 of the National Internal Revenue Code of 1997, as
amended.
3) WITHHOLDING TAX
THE REGIONAL SUPERIOR OF THE MISSIONARIES OF CHARITY 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.
The Regional Superior of the Missionaries of Charity inc. Page 3 of 3 CTE No. 294+2018 Date issued 31w20 18
TAXPAYER'S DUTIES & RESPONSIBILITIES
1) THE REGIONAL SUPERIOR OF THE MISSIONARIES OF CHARITY 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, 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.
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 compliance with the conditions under which it has been granted tax exemptions or tax incentives, and its tax liabilities, if any.
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 Association is registered. (Revenue Memorandum'Circular No. [RMC] No. 76-2003).
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
Want an analysis of this document?
Ask ASG Legal AI to summarize it, compare it with other rulings, or explain how it applies to your situation — it researches from this same library.