Bir Ruling No. 812-18
Bir Ruling No. 812-18
Bir Ruling No. 812-18
Gentlemen :
This refers to your letter dated February 12, 2016, requesting on behalf
of your client, The Athenaeum Condominium Corporation ("TACC" for
brevity), for confirmation that the transfer/conveyance of land and common
areas in a condominium project by Adrian Wilson International Associates,
the developer, in favor of TACC is not subject to income tax, creditable
withholding tax (CWT), value-added tax (VAT), and documentary stamp tax
(DST), pursuant to Republic Act (RA) No. 4726, otherwise known as the
"Condominium Act of the Philippines."
In reply, please be informed that with the issuance of Revenue
Memorandum Order (RMO) No. 18-2009 ("An Order Dispensing the Necessity
of Securing a Ruling from the Bureau of Internal Revenue as a Requisite for
the Issuance of CAR/TCL on the Conveyance of Land and Common Areas by
the Real Estate Developer to the Condominium Corporation Organized in
Accordance with the Provisions of Republic Act No. 4726 for the Purpose of
Holding Title to and Managing and Maintaining the Land and the Common
Areas for the Benefit of the Condominium Unit Owners, as well as Prescribing
the Policies and Guidelines to be Observed in the Issuance of CAR/TCL in
Respect Thereto") dated April 26, 2009, your request for confirmatory ruling
is unnecessary. Inasmuch as your query falls within the ambit of RMO 18-
2009, you are advised to comply with the requirements prescribed under the
said Revenue Memorandum Order. HTcADC