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TAXABILITY OF COOPERATIVES

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Title: TAXABILITY OF COOPERATIVES


1
TAXABILITY OFCOOPERATIVES
2
REVENUE REGULATIONS NO. 20-2001dated November
12, 2001
3
  • Regulations Implementing Articles 61 and 62 of
    RA No. 6938, Otherwise Known as the Cooperative
    Code of the Philippines, in Relation to RA Nos.
    7716, 8241 and 8424, Thereby Amending RMC No.
    48-91

4
SECTION 1. - SCOPE
  • Pursuant to Section 244, in relation to Section 4
    of the NIRC of 1997, these regulations are hereby
    promulgated
  • (1) to implement the provisions of
    Articles 61 and 62 of RA No. 6938,

5
  • as effectively amended by RA Nos. 7716, 8241 and
    8424 granting tax exemptions to cooperatives, and
  • (2) to prescribe the guidelines for the
    Availment thereof, thereby amending RMC No. 48-91.

6
SECTION. 2 - DEFINITIONS
  • a) Cooperative means the cooperative duly
    registered with the CDA or whose registration
    has been confirmed by the latter, including
    primary, secondary or tertiary cooperatives

7
Definition per PD NO. 175
  • Cooperative shall mean only organizations
    composed primarily of small producers and
    consumers who voluntarily joined together to form
    business enterprises which they themselves own,
    control and patronize.

8
  • Small producer is a self-employed individual who,
    by himself or with his family, provides the
    primary labor requirements of his business
    enterprise or one who earns at least 50 of his
    gross income from the payment proceeds or income
    of the labor he provides.

9
  • b) Cooperative Development Authority - means the
    govt agency in charge of the registration and
    regulation of cooperatives as such, hereinafter
    referred to as the CDA

10
  • c) Registration - means the operative act
    granting juridical personality to a proposed
    cooperative as evidenced by a Certificate of
    Registration from CDA

11
  • Certificate of Tax Exemption - means the ruling
    granting exemption to the cooperative issued by
    the BIR
  • (This means that cooperatives are not
    automatically exempt from certain taxes)

12
  • e) Income Tax - means corporate/ cooperative
    Income Tax under the National Revenue Code
  • f) Sales Tax - refers to either the VAT or
    percentage tax (also referred to as business
    taxes)

13
  • g) Net Surplus/Net Savings - refers to the net
    amount arising from the operations of the
    cooperative, belonging to its members, not
    construed as profit, but as excess of payments
    made by the members for the loans borrowed

14
  • or the goods and services bought from the
    cooperative which shall be made available to them
    in the form of interest not to exceed the normal
    rate of return on investments and patronage
    refund.

15
  • h) Undivided Net Savings - refers to the
    amount arising from net surplus or any portion
    thereof which the Board of Directors of the
    General Assembly of the cooperative decides not
    to divide or make available to members in the
    form of

16
  • interest on share capital
  • patronage refund
  • reserve refund,
  • education and training fund
  • optional fund or
  • any other statutory reserve

17
  • this also includes the amount arising from the
    net surplus or any portion thereof which the
    cooperative is unable to divide because the
    General Assembly of the cooperative has not been
    convened for more than (2) years.

18
Definition per PD NO. 175
  • Share Capital is the money paid or required to
    be paid by the members for the conduct of the
    operations of the cooperative
  • Limited Interests to Capital - share capital
    shall earn only limited interests, the maximum
    rate of which is to be established by the Dept
    of Local Govt and Community Devt (now DILG)
    from time to time.

19
  • Patronage Refund - refers to Net Income after the
    interest on capital has been paid shall be
    redistributed among the members in proportion to
    their patronage.
  • Reserve Refund The fund set aside for funding of
    reserves (statutory and other reserves)
    established by the cooperative such as
    Retirement, Mutual Benefit and other funds. This
    may be in the form of time deposits or other
    securities which are readily convertible into
    cash when needed.

20
  • i) Accumulated Reserves - refers to the amount
    of accrued sum of money annually retained and
    deducted from the net surplus which is not
    intended for allocation or distribution to the

21
  • members, usually deposited in the bank for the
    protection of and stability of the cooperative
    commonly referred to as the General Reserve Fund.

22
SEC.3- EXEMPTION FROM TAXES
  • 3.1 Duly registered cooperatives
    dealing/transacting business with members only
    shall be exempt from paying the following taxes
    for which they are directly liable, viz

23
  • Income Tax on income from operations
  • VAT under Sec. 109 pars. (r), (s), (t) and (u) of
    the 1997 Tax Code
  • -sale by agricultural cooperatives
  • -sales by electric cooperatives
  • -gross receipts by credit or

24
  • - sales by multi-purpose coops
  • - sales by non-agricultural,
  • non-electric and non-credit
  • cooperatives subject to
  • certain conditions.
  • c. 3 Percentage Tax under Sec. 116 of
    the Tax Code of 1997

25
  • Donors tax on donations to duly accredited
    charitable, research and educational
    institutions, and reinvestment to socio-economic
    projects within the area of operation of the
    cooperatives
  • Excise tax under the Tax Code

26
  • f. Documentary Stamp Taxes provided however,
    that the other party to the taxable document or
    transaction who is not exempt shall be the one
    directly liable for the tax and
  • g. Annual RF of P500.00

27
  • 3.2 Taxability or Exemption of duly registered
    cooperatives dealing or transacting business with
    both members and non-members

28
  • I. For cooperatives with accumulated reserves and
    undivided net savings of not more than Ten
    Million Pesos (P10,000,000.00)

29
  • a. Exemption from all national internal revenue
    taxes for which they are directly liable. As
    enumerated under Sec. 3.1 of these
    Regulations.

30
  • For cooperatives with accumulated reserves and
    undivided net savings of more than Ten Million
    Pesos (P10,000,000.00)

31
  • a. IT exemption for the period of 10 years from
    the date of CDA registration, provided that,
    at least 25 of the Net Income of the
    cooperative is returned to the members in
    the form of interest and/or patronage refund.

32
  • For cooperatives whose exemptions were removed
    by EO No. 93, the 10-year period shall be
    reckoned from March 10, 1987 (meaning, tax
    exemption is valid only until March 10, 1997)

33
  • After the lapse of the 10-year period, they
    shall be subject to IT at the full rate on the
    amount allocated for interests on capital,
    provided that the same is not consequently
    imposed on interest individually received by
    members

34
  • The tax base for all cooperatives liable to IT
    shall be net surplus arising from business
    transactions with non-members after deducting the
    amounts for the statutory reserve funds as
    provided for in the Coop Code and other laws.

35
  • Exemption from VAT under Sec. 109 (r), (s), (t)
    and (u), 3 Percentage Tax and Annual
    Registration Fee
  • c. Subject to all other internal revenue taxes
    unless otherwise provided by law and

36
  • d. Limited or full deduction from the gross
    income of donations to duly accredited
    charitable, research, educational institutions
    and reinvestment to socio- economic projects
    within the area of operation of cooperative.

37
  • Notwithstanding the foregoing, all income of the
    cooperative not related to its main/principal
    business/es shall be subject to all the
    appropriate taxes under the Tax Code.

38
  • This is applicable to all types of cooperatives,
    whether dealing purely with members or both
    members and non-members.
  • In any event, all types of cooperatives are
    required to register with the BIR.

39
SEC.4 - LIABILITY OF COOPS TO OTHER INTERNAL
REVENUE TAXES
  • Regardless of classification they
    shall be subject to
  • a) 20 Final Income Tax (FT) on
  • - interest from any currency
  • bank deposit and yield or

40
  • any other monetary benefit from deposit
    substitutes and from trust funds and similar
    arrangements and royalties derived from sources
    within the Philippines

41
  • b) 7.5 FT on interest derived from a depository
    bank under the expanded foreign currency deposit
    system (EFCDS)
  • c) CGT on sales or exchanges of real property
    classified as capital assets or shares of stock

42
  • d) DST on transactions of cooperatives dealing
    with non- members when the accumulated reserves
    and undivided net savings of such cooperatives
    exceed P10M

43
  • e) VAT billed on purchases of goods and
    services, except the VAT on the (1) importation
    of agricultural cooperatives of direct farm
    inputs, machineries and equipment, including
    spare parts thereof, to be used directly

44
  • and exclusively in the production and/or
    processing of their produce, and (2) importation
    by electric cooperatives of machineries and
    equipment, including spare parts,

45
  • which shall be directly used in the generation
    and distribution of electricity, pursuant to
    Section 109 (r) and (s) of the Tax Code of 1997
    but which are not available locally as certified
    by the DTI.

46
  • All tax-free importations shall not be
    transferred to any persons until five (5) years,
    otherwise, the cooperative and the transferee or
    assignee shall be solidarily liable to pay twice
    the amount of the tax and/or the duties thereon

47
  • All other taxes for which the cooperatives are
    not otherwise expressly exempted by any law.
  • Liability as WH Agents and are required to file
    WH Tax Returns and remit WH taxes on all income
    payments that are subject to WH.

48
  • COOPERATIVE AS WH AGENT -
  • Creditable Expanded WH Taxes (CEWT) on certain
    expenses or income payments
  • Final Withholding Taxes
  • WH Tax on Compensation

49
SEC.5. - TAXABILITY OF MEMBERS OR
STOCKHOLDERS
  • The exemption of the cooperatives does not extend
    to their individual members. Thus, member of
    cooperatives are liable to pay all necessary
    internal revenue taxes

50
  • under the NIRC, including the tax on earnings
    derived from their capital contribution.
    Provided, however, that interests received by
    members of cooperative with accumulated reserves
    and

51
  • undivided net savings greater than P 10M , after
    the lapse of the 10-year exemption under Sec.32.
    (II) above, shall no longer be taxable in the
    hands of such members.

52
SEC.6. DOCUMENTS TO BE ATTACHED TO THE LETTER-
APPLICATION FOR THE ISSUANCE OF TAX EXEMPTION
CERTIFICATE
53
  • Letter-Application signed by the President/Gen.
    Manager or his authorized representative, to be
    submitted to the Legal Division of the Rev.
    Region having jurisdiction over the coops
    principal place of business

54
  • b) DOCUMENTS TO BE ATTACHED
  • Articles of Cooperation and By-Laws
  • Certified true copy of Certificate of
    Registration issued by the CDA

55
  • c) Certified true copy of the Certificate of
    Confirmation of Registration from the CDA (in the
    case of Cooperative already existing and
    previously registered under P.D. 175, P.D. 775,
    and E.O. 898, before the creation of CDA)

56
  • d) Certificate under oath by President/Gen.Mgr whe
    ther the Coop is transacting business with
    members only or with both members and
    non-members, whichever is applicable

57
  • Original copy of the Certificate of Good Standing
    from CDA
  • Certificate under oath by the Chairman/General
    Manager
  • (if previously registered as above stated as
    certified by CDA),

58
  • as to the amount of accumulated reserves and
    undivided net savings, and that at least 25 of
    the net income is returned to the members in the
    form of interest and/or patronage refund

59
  • g) Certification under oath of the list of
    members and the share capital contribution of
    each member and
  • h) Latest Financial Statements duly audited by
    an independent CPA.

60
SEC.7. VALIDITY OF TAX EXEMPTION CERTIFICATE
  • The Tax Exemption Certificate shall be valid
    during such period that the Cooperative is in
    good standing as ascertained by the CDA on an
    annual basis.

61
SEC. 8 ANNUAL RETURN AND DOCUMENTS TO BE FILED
WITH THE BIR
  • A copy of the Certificate of Good Standing issued
    by the CDA to the cooperative shall, together with

62
  • the Annual Information Return (for non-taxable
    cooperative) or IT Return (for taxable
    cooperative)
  • and F/S, be submitted on or before the 5th day
    of the 4th month ffg. the close of the taxable
    year.

63
SEC.9. VERIFICATION OF ANNUAL INFORMATION RETURN
(AIR) or ITR, FINANCIAL STATEMENTS, ATTACHMENTS
AND RECORDS
64
  • Pursuant to the last paragraph of Section 235 of
    the Tax Code of 1997, any provision of existing
    general or special law to the contrary
    notwithstanding, the books of accounts and other
    pertinent records, as well as the operations of
    all cooperatives,

65
  • may be examined by the BIR annually for purposes
    of ascertaining compliance with the conditions
    under which they have been granted tax exemptions
    or tax incentives, and their tax liabilities, if
    any, upon previous consultation with CDA.

66
SEC. 10. REPEALING CLAUSE
  • All revenue rulings, regulations and other
    issuances, including RMC No. 48-91, or parts
    thereof which are consistent with these
    Regulations are hereby amended or repealed
    accordingly.

67
SEC 11. EFFECTIVITY
  • These Regulations shall take effect upon approval
    hereof.

68
REVENUE MEMORANDUM CIRCULAR NO. 72-2003
69
  • Tax implications of Electric Cooperatives
    registered with the National Electrification
    Administration and Cooperative Development
    Authority.

70
  • Electric Cooperatives (ECs) registered with
    the National Electrification Administration
    (NEA) are exempt from
  • 1. Franchise tax under Section 119 of the Tax
    Code of 1997 (BIR Ruling No. DA-250- 03 dated
    July 31, 2003)

71
  • 2. VAT, on sales relative to the generation and
    distribution of electricity as well as their
    importation of machineries and equipment,
    including spare parts, which shall be directly
    used in the generation and

72
  • distribution of electricity (1997 NIRC as
    amended)
  • 3. Income taxes for which they are directly
    liable P.D. No. 269)
  • 4. All National Government taxes and fees,
    including franchise, filing, recordation,
    license or

73
  • permit fees or taxes, subject to certain
    conditions set forth by Presidential Decree
    No. 269.
  • 5. Three Percent (3) Percentage Tax
    under Sec. 116 of the Tax Code of 1997.

74
  • B. Electric Cooperatives (ECs) registered
    with the (CDA).
  • 1. For ECs that do not transact any business
    with non- members or the general public

75
  • a. Franchise taxes under Section 119 of the Tax
    Code of 1997 (BIR Ruling No. DA-250-03 dated
    July 31, 2003)
  • b. Income Tax on income from operations

76
  • c. VAT, on sales relative to the generation
    and distribution of electricity as well as
    their importation of machineries and equipment,
    including spare parts, which shall be
    directly used in the generation

77
  • and distribution of electricity Sec. 109(s)
    of the Tax Code of 1997
  • d. Three Percent (3) Percentage Tax under
    Sec. 116 of the Tax Code of 1997

78
  • e. Donor's Tax on donations to duly accredited
    charitable, research and educational
    institutions, and reinvestment to
    socio-economic projects within the area of
    operation of the ECs

79
  • f. Excise Tax under Title VI of the Tax Code of
    1997
  • g. DST imposed under Title VII of the Tax
    Code of 1997. Provided, however, that the
    other party to the taxable document or
    transaction

80
  • who is not exempt shall be the one directly
    liable for the tax and
  • h. Annual Registration Fee of P500.00 under
    Section 236(B) of the Tax Code of 1997.

81
  • 2. For coops transacting business with both
    members and non-members
  • a. if ECs transact business with members, all
    national internal revenue taxes for which they
    are directly liable as enumerated under parag
    B-1

82
  • b If ECs transact business with nonmembers
    and have an accumulated reserves and undivided
    net savings of not more than P10M, all national
    internal revenue taxes for which they are
    directly liable under parag. B-1 hereof..

83
  • Such ECs shall be exempt from customs duties,
    advance sales or compensating taxes on their
    importation of machineries, equipment and spare
    parts used by them and which are not available
    locally as certified by the DTI.

84
  • All tax-free importations shall not be
    transferred to any person until after five (5)
    years, otherwise, the EC and the transferee or
    assignee shall be solidarily liable to pay twice
    the amount of the tax and/or duties thereon.

85
  • c. If ECs transact business with nonmembers and
    have an accumulated reserves and undivided net
    savings of more than P10M, it shall be exempt
    from the ff. taxes

86
  • i. IT for a period of 10 yrs. from date of
    registration with the CDA. Provided, that at
    least 25 of the net income of the EC is
    returned to the members in the form of interest
    and/or patronage refund

87
  • ii. VAT, on sales relative to the generation
    and distribution of electricity as well as
    their importation of machineries and
    equipment, including spare parts, which shall
    be

88
  • directly used in the generation and
    distribution of electricity Sec. 109(s) of
    the Tax Code of 1997
  • iii. Annual Registration Fee of P500.00 under
    Section 236(B) of the Tax Code of 1997 and

89
  • iv. Donations to charitable, research and
    educational institutions and investment to
    socio- economic projects within the area of
    operation of the cooperative may be tax
    deductible.

90
  • But, subject to the ff. taxes
  • i. IT after the expiration of the exemption-
    On the amount allocated for interest on
    capital Provided that IT is not consequently
    imposed on interest individually received by
    members

91
  • ii. Sales Tax after the expiration of the
    exemption - On sales to non-members and
  • iii. All other taxes unless otherwise
    provided herein.

92
  • All ECs under this paragraph, regardless of the
    amount of accumulated reserves and undivided net
    savings shall be exempt from payment of taxes on
    transactions with banks and insurance companies

93
  • Provided, That all sales or services rendered
    for nonmembers shall be subject to the applicable
    percentage taxes except sales made by producers,
    marketing or service coops

94
  • Provided, further, That nothing in this RMC
    shall preclude the examination of the books of
    accounts or other accounting records of the EC by
    duly authorized internal revenue officers for
    internal revenue tax purposes only,

95
  • after previous authorization by the CDA.
  • All ECs, whether it be registered with the NEA
    or CDA, shall be subject to

96
  • a. 20 final IT on interest from any currency
    bank deposit and yield or any other monetary
    benefit from deposit substitutes and from
    trust funds and similar arrangements
    royalties derived from sources within the
    Philippines.

97
  • 7.5 final IT on interest income derived
    from a depositary bank under the expanded
    foreign currency deposit system
  • c. CGT on sales or exchanges of real property
    classified as capital assets or shares of
    stock

98
  • d. Documentary Stamp Taxes on transactions of
    ECs dealing with non-members when the
    accumulated reserves and undivided net savings
    of such cooperatives exceed P10M

99
  • e. VAT billed on purchases of goods and
    services not exempt.
  • f. All other taxes for which the ECs are not
    otherwise expressly exempted by any law.

100
  • Moreover, all ECs are considered as withholding
    agents and are required to file withholding tax
    returns and remit withholding taxes on all income
    payments that are subject to withholding..

101
REVENUE REGULATIONS NO. 14-2007
102
  • Tax on Non-governmental Organizations (NGOs) and
    Cooperatives Engaged in Microfinance Activities

103
SECTION 1. Background
  • The government has recognized the role of
    microfinance institutions in its poverty
    alleviation programs, particularly in carrying
    out the objectives of RA 8425 otherwise known as
    the Social Reform and Poverty Alleviation Act.

104
  • With the increasing number of NGOs and
    cooperatives engaging in microfinance activities,
    there is a need to clarify the tax treatment of
    profits on microfinance activities derived by
    these entities which enjoy tax exemption under
    existing laws and regulations.

105
SECTION 2. Purpose
  • Pursuant to the provisions of Sec. 244 of the
    NIRC, these Regulations are hereby issued to
    rationalize the tax exemptions of these entities
    based on existing

106
  • laws and regulations and the relevant tax
    treatment of the profits derived in relation to
    their delivery of microfinance services.

107
SECTION 3. Definition of Terms
  • A. Microfinance - is a credit and savings
    mobilization program exclusively intended for
    the poor to improve the asset base of
    households and expand the access to savings of
    the poor.

108
  • It involves the use of viable alternative
    credit schemes and savings programs including
    the
  • extension of small loans
  • Simplified loan application procedures
  • group character loans

109
  • collateral-free arrangements
  • alternative loan repayments
  • minimum requirements for savings
  • Small denominated savers instruments

110
  • consistent with the provisions of RA 8425, the
    maximum individual loan amount provided for
    microfinance loans is P150,000, subject to
    periodic determination of the DTI to reflect
    economic changes.

111
  • B. Cooperative - refers to associations duly
    registered with the CDA, composed of at least
    (15) persons, majority of which are poor, having
    a common bond of interest, who voluntarily join
    together to achieve a lawful, common social
    economic end.

112
  • It is organized by the members who equitably
    contribute the required share capital and accept
    a fair share of the risks and benefits of their
    undertaking in accordance with the universally
    accepted corporate principles and practices.

113
  • C. Credit cooperative - is a type of
    cooperative which provides thrift among its
    members and creates funds in order to grant
    loan for productive and provident purposes.

114
  • D. Multipurpose Cooperative is a type of
    cooperative which combines two (2) or more of
    the business activities of the different types
    of cooperatives.

115
  • E. Accumulated Reserves commonly referred to
    as the General Reserve Fund, refers to the
    amount of accrued sum of money annually
    retained and deducted

116
  • from the net surplus which is not intended for
    allocation and distribution to the members,
    usually deposited in the bank for the protection
    of and stability of the cooperative.

117
  • F. Undivided Net Savings refers to the amount
    arising from net surplus or any portion thereof
    which the Board of Directors or the General
    Assembly of the cooperative decides not to
    divide or make available to

118
  • members in the form of interest on share
    capital, patronage refund, reserve refund,
    education and training fund, optional fund or any
    other statutory reserve

119
  • this also includes the amount arising from the
    net surplus or any portion thereof which the
    cooperative is unable to divide because the
    General Assembly of the cooperative has not been
    convened for more than two (2) years.

120
  • G. Non Government Organizations (NGOs)- Refers
    to duly registered nonstock, nonprofit
    organizations focusing on the upliftment of
    the basic or disadvantaged sectors of society
    by providing advocacy, training, community
    organizing, research, access to resources, and
    other similar activities.

121
SECTION 4. Tax Treatment of Microfinance Services
Rendered by Cooperatives
  • Consistent with the provisions of Revenue
    Regulations No. 20-2001, the tax treatment for
    credit cooperatives on transactions related to
    its microfinance activities is as follows -

122
  • A. Duly registered credit cooperatives
    dealing/transacting with members only shall be
    exempt from paying the following taxes for
    which they are directly liable

123
  • a. Income tax from operations,
  • b. Value-added tax (VAT),
  • c. 3 percentage tax under Section 116 of the
    Tax Code of 1997, and

124
  • d. Documentary stamp tax (DST) imposed under
    Title VII of the Tax Code of 1997, as amended,
    provided, however, that the other party to the
    taxable document/transaction who is not exempt
    shall be the one directly liable for the tax.
  • e. Annual Registration Fee of P500.00

125
  • B. Duly registered cooperatives
    dealing/transacting business with both members
    and nonmembers

126
  • a. For cooperatives with accumulated reserves
    and undivided net savings of not more than Ten
    Million Pesos (P10,000.000.00)
  • i. exemption from taxes for which they are
    directly liable, as enumerated in paragraph A of
    this Section.

127
  • b. For credit cooperatives with accumulated
    reserves and undivided net savings of more than
    Ten Million Pesos (P10,000.000.00)

128
  • i. Exemption from income tax for a period of
    10 years from the date of registration with
    the CDA, provided, that at least twenty five
    percent of the net income of the cooperative
    is returned to the members in the form of
    interest and/or patronage fund.

129
  • For cooperatives whose exemption were removed by
    Executive Order No. 93, the ten year period shall
    be reckoned from March 10, 1987 (i.e., the tax
    exemption is valid only up to March 10, 1997)

130
  • After the lapse of such ten year period, they
    shall be subject to income tax at the full rate
    on the amount allocated for interests on capital,
    provided that the same is not consequently
    imposed on interest individually received by
    members.

131
  • The tax base for credit cooperatives liable to
    income tax shall be the net surplus arising from
    business transactions with nonmembers, including
    those arising from all microfinance activities,
    after deducting the amounts from the statutory
    reserve funds as provided for in the Cooperative
    Code and other laws.

132
  • ii. Exemption from VAT under Section 109(M) and
    3 tax under Section 116, both of the Tax Code,
    as amended.
  • iii. Subject to all other internal revenue taxes
    unless otherwise provided by law.

133
  • Notwithstanding the foregoing, all income of
    cooperatives which undertake microfinance
    activities in addition to their registered
    purpose except credit cooperatives and
    multi-purpose cooperatives which have one of its
    business activities as those performed by credit
    cooperatives,

134
  • shall be subject to appropriate taxes under the
    Tax Code of 1997, as amended. This is applicable
    to all cooperatives, whether dealing purely with
    members or both members and non-members.

135
  • Moreover, all cooperatives, regardless of
    classification, are considered as withholding
    agents and are required to file withholding tax
    returns and remit withholding taxes on all income
    payments that are subject to withholding.

136
SECTION 5. Tax Treatment of Microfinance Services
Rendered by NGOs
  • All NGOs falling under the enumeration of Section
    30 of the Tax Code of 1997, as amended, are
    exempt from income taxes, in respect of income
    received by them as such.

137
  • However, income of such NGOs from microfinance
    activities, and which are not in respect of their
    registered activities covered by Section 30 of
    the Tax Code of 1997, as amended, regardless of
    the disposition made of such income, shall be
    subject to tax under the Tax Code of 1997, as
    amended.

138
  • Similarly, non-stock, non-profit NGOs, whether
    or not engaged in microfinance activities, are
    still also required to file withholding tax
    returns and remit withholding taxes on all income
    payments that are subject to withholding as
    specified in Revenue Memorandum Circular No.
    76-2003.

139
SECTION 6. Repealing Clause
  • These Regulations shall be read in consonance
    with Revenue Regulations No. 20-2001 and Revenue
    Memorandum Circular No. 76-2003.

140
  • All revenue rulings, issuances or parts thereof
    which are inconsistent with these Regulations
    insofar as microfinance activities of
    cooperatives and NGOs are concerned are hereby
    amended or repealed accordingly.

141
SECTION 7. Effectivity
  • These Regulations shall take effect fifteen (15)
    days after publication in the Official Gazette or
    newspaper of general circulation, whichever comes
    first.

142
  • UPDATES
  • HOUSE OF REPRESENTATIVES 
  • BILL NO. HB00513FULL TITLE
  • AN ACT AMENDING THE COOPERATIVE CODE OF THE
    PHILIPPINES TO BE KNOWN AS THE "PHILIPPINE
    COOPERATIVE CODE OF 2007"SHORT TITLE
  • "Philippine Cooperative Code of 2007"ABSTRACT
    Philippine Cooperative Code of 2004".

143
  • The measure seeks to amend the Cooperative Code
    to make the organization of cooperatives more
    attractive and to provide a fertile social and
    economic environment for cooperatives to succeed
    in their endeavors.
  • BY CONG. DOMOGAN, MAURICIO G.DATE FILED - ON
    2007-07-02CO-AUTHORSZIALCITA, EDUARDO C.

144
  • REFERRAL ON 2007-07-30 TO THE COMMITTEE ON
    COOPERATIVES DEVELOPMENT, SECONDARILY REFERRED TO
    THE COMMITTEE(S) ON REVISION OF LAWS
  • SIGNIFICANCE NATIONALSUBJECT
    COOPERATIVESDATEREAD nbsp 2007-07-30MOTHER
    BILL nbsp HB04312COSUBSTITUTEDBILLS
    nbspHB00081, HB00316, HB00645, HB01256, HB02874,
    HB03207, HB03979

145
  • SENATE OF THE PHILIPPINES
  • 14th CongressSenate Bill No. 2264PHILIPPINE
    COOPERATIVE CODE OF 2008
  • Filed on May 7, 2008 by Biazon, Rodolfo G.,
    Ejercito-Estrada, Jinggoy P., Pimentel Jr.,
    Aquilino Q., Zubiri, Juan Miguel F., Villar,
    Manny, Lapid, Manuel "Lito" M.

146
  • Long title
  • AN ACT AMENDING THE COOPERATIVE CODE OF THE
    PHILIPPINES TO BE KNOWN AS THE PHILIPPINE
    COOPERATIVE CODE OF 2008
  • Scope - National
  • Legislative status
  • Conference Committee Report Approved by Senate
    (11/26/2008)
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