REVENUE MEMORANDUM ORDER NO. 20-2013 issued on July 22, 2013 prescribes
the policies and guidelines in the issuance of Tax Exemption Rulings to qualified nonstock, non-profit corporations and associations under Section 30 of the National Internal
Revenue Code (NIRC) of 1997, as amended
Corporations and associations enumerated under Section 30 of the NIRC, as
amended, including those which have been issued tax exemption rulings/certificates
prior to June 30, 2012, shall file their respective Applications for Tax
Exemption/Revalidation with the Revenue District Office (RDO) where they are
registered. Only corporations or associations that are duly qualified under Section 30 of
the NIRC, as amended, shall be issued Tax Exemption Rulings.
A corporation or association shall submit the following documents:
a. Original copy of application letter for issuance of Tax Exemption Ruling. The
letter shall cite the particular paragraph of Section 30 of the NIRC, as
amended, under which the application for exemption/revalidation is being
based;
b. Certified true copy of the latest Articles of Incorporation and By-Laws issued
by the Securities and Exchange Commission;
c. Original copy of Certification under Oath by an executive officer of the
corporation or association as to: (i) all previous amendments/changes in the
Articles of Incorporation and By-Laws, (ii) manner of activities, and (iii) the
sources and disposition of income, if any, of the subject corporation or
association. If there are no amendments/changes, the Certification shall state
this fact;
d. Certified true copy of the Certificate of Registration with the BIR;
e. Original copy of the Certification under Oath by the Treasurer of the
corporation or association as to the amount of income, compensation,
salaries or any emoluments paid by the corporation or association to its
trustees, officers and other executive officers. Provided, that, a corporation
sole, which, by its nature, does not have trustees, corporate officers or
executive officers need not submit the certification required under this
subparagraph.
f. Original copy of the Certification issued by the RDO where the corporation or
association is registered that the corporation or association is not the subject
of any pending investigation, on-going audit, pending tax assessment,
administrative protest, claim for refund or issuance of tax credit certificate,
collection proceedings, or a judicial appeal; or if there be any, the original
copy of the Certification issued by the RDO on the status thereof;
g. Certified true copies of the Income Tax Returns or Annual Information
Returns and Financial Statements of the corporation or association for the
last three (3) years; and
h. Original copy of a statement under Oath by an executive officer of the
corporation or association as to its modus operandi which shall include:
i. A full description of the past, present and proposed activities of the
corporation or association;
ii. A narrative description of anticipated receipts and contemplated
expenditures; and
iii. A detailed description of all revenues which it seeks to be exempted from
Income Tax. All other revenues which are not included in the statement/
application shall be subject to Income Tax.
In addition to the said requirements, a non-stock and non-profit educational
institution under Section 30(H) of the NIRC, as amended, shall submit the following
documents:
a. Certified true copy of government recognition/permit/accreditation to operate
as an educational institution issued by the Commission on Higher Education
(CHED), Department of Education (DepEd), or Technical Education and Skills
Development Authority (TESDA);
b. If the government recognition/permit/accreditation to operate as an education
institution was issued more than five (5) years prior to the application for tax
exemption/revalidation, an original copy of a current Certificate of
Operation/Good Standing, or other equivalent document, issued by the
appropriate government agency (i.e., CHED, DepEd, or TESDA) shall be
submitted as proof that the non-stock and non-profit educational institution is
currently operating as such; and
c. Original copy of Certificate of utilization of annual revenues and assets by the
Treasurer or his equivalent of the non-stock and non-profit educational
institution. In accordance with the guidelines set forth in Section 1.3 of
Department of Finance (DOF) Order No. 137-87, the Certificate shall provide
a breakdown of the following:
i. Any amount in cash or in kind (including administrative expenses) paid
or utilized to accomplish one or more purposes for which the educational
institution was created or organized, including grant of scholarship to
deserving students and professorial chairs for the enhancement of
professional course.
ii. Any amount paid to acquire an asset used (or held for use) directly in
carrying out one or more purposes for which it was created or organized,
including the upgrading of existing facilities to support the conduct of the
above activities.
iii. Any amount in cash or in kind invested in an activity related to the
educational purposes for which it was created or organized.
iv. Any amount set aside for a specific project, which must be supported by
a Board Resolution issued 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.
The general guidelines in the evaluation of the applications for tax
exemptions/revalidation as well as the specific guidelines in the evaluation of the
application of corporations or associations under Section 30(E) of the NIRC, as
amended, are specified in the Order.
A Tax Exemption Ruling issued under this Order shall be valid for a period of
three (3) years from the date of effectivity specified in the Ruling, unless sooner revoked
or cancelled. The Tax Exemption Ruling shall be deemed revoked if there are material
changes in the character, purpose, or method of operation of the corporation or
association which are inconsistent with the basis for its Income Tax exemption. The
revocation takes effect as of the date of the material change.
Tax Exemption Rulings may be renewed upon filing of a subseguent Application
for Tax Exemption/Revalidation, under same requirements and procedures provided
herein. Otherwise, the exemption shall be deemed revoked upon the expiration of the
Tax Exemption Ruling. The new Tax Exemption Ruling shall be valid for another period
of three (3) years, unless sooner revoked or cancelled.
If a corporation or association, which has been issued a Tax Exemption Ruling,
fails to file its annual information return, it shall automatically lose its income tax-exempt
status beginning the taxable year for which it failed to file an annual information return,
in addition to the sanctions imposed under Section 250 of the NIRC, as amended.
Tax exemption rulings or certificates issued to corporations or associations listed
under Section 30 of the NIRC, as amended, prior to June 30, 2012 shall be valid until
December 31, 2013. Tax exemption rulings or certificates issued after June 30, 2012
shall continue to be valid for a period of three (3) years from date of issuance, unless
sooner revoked or cancelled.
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