(1)

December 8, 1998

REVENUE REGULATIONS NO. 13-98

SUBJECT : Implementing Republic Act No. 8424, "An Act Amending the
National Internal Revenue Code, as amended" Specifically
Section 34 (H) Relative to the Deductibility of
Contributions or Gifts Actually Paid or Made to Accredited
Donee Institutions in Computing Taxable Income

SECTION 1. Definition of Terms. For purposes of these Regulations,

the terms herein enumerated shall have the following meanings:

a) "Non-stock, non-profit corporation or organization" shall refer to a

corporation or association/organization referred to under Section 30 (E) and (G) of the
Tax Code created or organized under Philippine laws exclusively for one or more
of the following purposes: cdasia

(i) religious;

(ii) charitable;

(iii) scientific;

(iv) athletic;

(v) cultural;

(vi) rehabilitation of veterans; and

(vii) social welfare

no part of the net income or asset of which shall belong to or inure to the benefit of
any member, organizer, officer or any specific person.

b) "Non-government Organization (NGO)" shall refer to a non-stock,

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 non-profit domestic corporation or organization as defined under Section 34 (H)(2)(c)
of the Tax Code organized and operated exclusively for scientific, research,
educational, character-building and youth and sports development, health, social
welfare, cultural or charitable purposes, or a combination thereof, no part of the net
income of which inures to the benefit of any private individual.

(i) Which, not later than the fifteenth (15th) day of the third month
after the close of the NGO's taxable year in which contributions
are received, makes utilization directly for the active conduct of the
activities constituting the purpose or function for which it is
organized and operated, unless an extended period is granted by
the Secretary of Finance, upon recommendation of the
Commissioner;

(ii) The level of administrative expenses of which shall, on an annual

basis, not exceed thirty percent (30%) of the total expenses for the
taxable year; and

(iii) The assets of which, in the event of dissolution, would be

distributed to another accredited NGO organized for similar
purpose or purposes, or to the State for public purpose, or
purposes, or to the state for public purpose, or would be distributed
by a competent court of justice to another accredited NGO to be
used in such manner as in the judgment of said court shall best
accomplish the general purpose for which the dissolved
organization was organized.

(c) "Utilization" by an accredited NGO shall refer to

(i) Any amount in cash or in kind, including administrative expenses,

paid or utilized by an accredited NGO to accomplish one or more
purposes for which it was created or organized; or

(ii) Any amount paid to acquire an asset used, or held for use, directly
in carrying out one or more purposes for which the accredited
NGO was created or organized; or

(iii) Any amount set aside for a specific project which comes within
one or more purpose or purposes for which the accredited NGO
was created, but only if at the time such amount is set aside, the
accredited NGO has established to the satisfaction of the
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 Commissioner of Internal Revenue that the amount will be utilized
for a specific project within a period not to exceed five (5) years,
and the project is the one which can be better accomplished by
setting aside such amount than by immediate payments of funds:
Provided, That, the utilization requirements prescribed under Sec.
5 of these Regulations shall be complied with; or

(iv) Any amount in cash or in kind invested in any activity related to

the purpose for which it was created or organized.

(v) Any amount in cash or in kind invested in capital sustaining and

generating activities, such as but not limited to, endowment funds,
trust funds, money market placements, shares of stock and similar
instruments: Provided, That, any income derived from these
investments shall be exclusively used in activities directly related
to one or more purposes for which the accredited NGO was created
or organized.

(d) "Accrediting Entity" shall refer to a non-stock, non-profit organization

composed of NGO networks, duly designated by the Secretary of Finance to establish
and operationalize a system of accreditation to determine the qualification of
non-stock, non-profit corporations or organizations and NGOs for accreditation as
qualified-donee institutions. The Secretary of Finance and the Commissioner of
Internal Revenue shall oversee, monitor and coordinate with the Accrediting Entity to
ensure that the provisions of these Regulations are complied with. In this connection,
the Secretary of Finance or the Commissioner of Internal Revenue or their duly
authorized representative shall sit as ex-officio member of the Board of Trustees of
the Accrediting entity with the right to vote. The Secretary of Finance may also
designate an official of a concerned government agency, e.g. Department of Science
and Technology, to assist the Board of Trustees in the accreditation of foundations.

The Secretary of Finance shall designate an entity as an Accrediting Entity

provided it has a countrywide membership composed of (a) NGOs which belong to
the sector that the Private Accrediting Entity intends to certify; (b) NGOs which have
been in existence for at least five (5) years; and (c) NGOs not more than 50% of the
members of which belong to other existing NGOs or Private Accrediting Agencies. dctai

The Philippine Council for NGO Certification, Inc. (PCNC), a non-stock,

non-profit corporation which was established by several NGO networks (e.g., Caucus
of Development NGO Networks (CODE-NGO); Philippine Business for Social

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 Progress (PBSP); Association of Foundations (AF); League of Corporate Foundations
(LCF); Bishops-Businessmen's Conference for Human Development (BBC); and the
National Council for Social Development Foundation (NCSD), has been duly
designated by the Secretary of Finance as an Accrediting Entity pursuant to
Memorandum of Agreement dated January 29, 1998 executed by and between the
Secretary of Finance and PCNC's Interim Chairman.

(e) "Religious purpose" shall refer to the promotion, propagation and

accomplishment of any form of religion, creed or religious belief recognized by the
Government of the Republic of the Philippines.

(f) "Charitable Activity" shall refer to extending relief to the poor,

distressed and underprivileged and shall include fighting against juvenile delinquency
and community deterioration.

(g) "Scientific and research purpose" shall refer to undertaking or

assisting in pure or basic, applied and scientific research in the field of agriculture,
forestry, fisheries, industry, engineering, energy development, food and nutrition,
medicine, environment and biological, physical and natural sciences for the public
interest.

(i) Basic research shall refer to an experimental or theoretical work

undertaken primarily to acquire new knowledge of the underlying
foundations of phenomena and observable facts without any
particular application or use in view. It analyzes properties,
structures or relationships with a view to formulating and testing
hypothesis, theories or laws. The results of basic research are not
generally sold but are usually published in scientific journals or
circulars to interested colleagues.

(ii) Applied research shall refer to an original investigation undertaken

in order to acquire new knowledge. It is directed primarily towards
a specific practical aim or objective. It is undertaken either to
determine possible uses for the findings of basic research or to
determine new methods or ways of achieving some specific and
predetermined objectives. It involves the consideration of the
available knowledge and its extension in order to solve particular
problems. Applied research develops ideas into operational form.

(iii) Scientific research will be regarded as carried on for public interest

if the results of such research are made available to the public on a
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 non-discriminatory basis; or if such research is performed for the
Government of the Philippines or any of its agencies or political
subdivisions; or if such research is directed to benefit the public.

(h) "Character building and youth and sports development (or athletic)
purposes" shall refer to and include conducting basic and applied research on
youth development, initiating and establishing youth organizations to promote and
develop youth activities, including the establishment of summer camps or centers for
leadership training, conducting a program on physical fitness and amateur sports
development for the country; developing and maintaining recreational facilities,
playgrounds and sports centers; and conducting training programs for the
development of youth and athletes for national and international competitions. cdll

(i) "Cultural activity" shall refer to and include undertaking and/or

assisting in research activities on all aspects of history, social system, customs and
traditions; developing, enriching and preserving Filipino arts and culture; developing
and promoting the visual and performing arts; and participating in vigorous
implementation of bilingual policy through translation and wider use of technical,
scientific and creative publications, development of an adaptive technical dictionary
and use of Filipino as the medium of instruction.

(j) "Educational activity" shall refer to and include the granting of

scholarships to deserving students and professional chairs for the enhancement of
professional courses, and instructing or training of individuals either through formal
and informal methods, viz:

(i) Formal method of instruction refers to the institutionalized,

chronologically graded and hierarchically structured educational
system at all levels of education;

(ii) Non-formal method of instruction refers to any deliberately

organized, systematic educational activity carried on outside the
framework of the formal system to provide selected types of
learning to particular subgroups of the population, particularly
out-of-school youths and adults, for the purpose of communicating
ideas, developing skills, changing attitudes or modifying behavior
or improve their character and to provide them with tools
necessary for the achievement of a higher standard of living. For
the purpose of this section, a certification from the Technical
Education and Skills Development Authority (TESDA) is required

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 for the accreditation of the non-formal educational program which
is implemented or carried out by a non-stock, non-profit
corporation, organization or an NGO.

It also includes upgrading of existing facilities to support the conduct of the

above activities.

(k) "Rehabilitation of veterans" shall include services extended to

Philippine veterans and members of their families because of financial difficulties and
attendant problems; and services extended to disabled veterans towards productive
life.

(l) "Social welfare purposes" shall refer to and include

(i) undertaking and/or assisting in the amelioration of the living

conditions of distressed citizens particularly those who are
handicapped by reasons of poverty, youth, physical and mental
disability, illness, old age, and natural disasters, including
assistance to cultural minorities;

(ii) pursuing a program for the protection and development of children

and youth, such as providing services for drop-outs, pre-school
children of low-income working mothers, and physically
handicapped children;

(iii) providing for the rehabilitation of the youth and disabled adults,
released prisoners, drug addicts, alcoholics, mentally retarded,
hansenites and similar cases; and

(iv) providing for services to squatter families and to displaced

workers.

(m) "Health purposes" shall refer to include the pursuit of any of the
following:

(i) control, prevention and treatment of communicable and

degenerative diseases, accidents and other health disabilities;

(ii) family planning program designed to indicate knowledge and

understanding of population, human growth and development of
family life;

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 (iii) environment sanitation, such as, public sewerage system and
sanitary toilets; and

(iv) nutrition, which aims to reduce the prevalence of malnutrition and

increase the energy and protein intake among households. prcd

SECTION 2. Accreditation of non-stock, non-profit corporations/NGOs

by the Accrediting Entity.

a) The Accrediting Entity shall examine, evaluate and accredit non-stock,

non-profit corporations and NGOs as a pre-requisite for their registration with the
BIR as qualified-donee institutions under Section 34 (H)(1) and (2)(c) of the Tax
Code.

(b) Newly-organized and existing non-stock, non-profit corporations and

NGOs shall apply with the Accrediting Entity for accreditation and submit to a
process of examination and evaluation. The application for accreditation shall be
accompanied by the following documents:

(i) Articles of Incorporation and By-laws;

(ii) Certificate of Registration with the Securities and Exchange
Commission;
(iii) Affidavit of Modus Operandi showing:

1. the character of the organization;

2. the purpose for which it is organized;
3. the lists of projects/activities for the past two (2) years, or
list of proposed projects/activities for the first two (2) years
of operations for newly-organized non-stock, non-profit
corporations/NGOs;
4. the source of income and the utilization thereof, or target
fund sources for newly-organized non-stock, non-profit
corporations/NGOs; and
5. other facts relating to their operations which are relevant to
their qualification as donee institutions;

(iv) Duly audited financial statements for the past two (2) years
showing the assets, liabilities, receipts and disbursements of
existing organizations, or financial projections for the first two (2)
years for newly-organized non-stock, non-profit

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 corporations/NGOs. prLL

(c) The Accrediting Entity shall evaluate and accredit non-stock, non-profit
corporations/NGOs using the following major criteria:

(i) Mission and Goals

The mission and goals of the non-stock, non-profit corporation/NGO

should justify its existence. Statements of mission and goals shall serve as
guideposts for its planning and operations and a framework for
decision-making.

(ii) Resources

The criterion focuses on the adequacy of the resources and the

effectiveness of the structure and systems of the non-stock, non-profit
corporation/NGO. Areas that should be evaluated under this criterion include
the organization structure, human, financial and physical resources. Evaluation
shall take into account the names, positions and qualifications of the
individuals or committee members who manage and make decisions for the
non-stock, non-profit corporation/NGO, its sources of funds and distribution of
financial resources, and the following exhibits at the time of examination,
among others:

1. Minutes of the Board meetings

2. Table of organization;
3. Policy Manual, if any;
4. Personnel Manual, if any;
5. Budget for the past two (2) years, or proposed projects for
the first two (2) years of operations for newly-organized
non-stock, non-profit corporations/NGOs; and
6. Audited financial statements for the past two years for
existing non-stock, non-profit corporations/NGOs.

(iii) Program Implementation and Evaluation

The non-stock, non-profit corporation/NGO must demonstrate that it is

effectively using its resources to accomplish the purposes for which it was
created. There should be clearly defined policies, priorities and guidelines for
implementing the various programs and projects. Evaluation shall consider
programs and projects implemented within the last two years; description of
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 how its programs/projects/services are managed; how the following procedures
are carried out; record keeping, monitoring, evaluating and contingency
planning; programs/projects vis-a-vis the needs and priorities of its
beneficiaries; the present documentation or results of evaluation and provisions
for adequate training, people participation, development of leaders and
eventual self-sufficiency.

(iv) Planning for the Future

The non-stock, non-profit corporation/NGO must provide evidence that

it has the capability to plan, implement and monitor its programs and projects.
Evaluation shall provide evidence that the non-profit corporation/NGO has
mechanisms for planning, implementing and monitoring its programs and
projects and for ensuring the continuity of programs/projects even when
external funding has ceased. Evaluation shall also rely on the presentation of
the following exhibits at the time of visit:

1. Organizational plan
2. Monitoring and evaluation tools

(d) The Secretary of Finance, upon the recommendation of the Board of

Trustees of the Accrediting Entity can waive the submission of duly audited financial
statements for newly-organized non-stock, non-profit corporations/NGOs which have
been organized to carry out programs of national significance, e.g. foundation to build
the National Museum. They shall be eligible to apply for a three (3)-year probationary
accreditation and registration as qualified donee institutions with the Accrediting
Entity.

(e) Existing non-stock, non-profit corporations/NGOs which have qualified

as donee institutions under BIR-NEDA Regulations 1-81, as amended , shall have
three (3) years beginning the effectivity of these rules and regulations within which to
secure a Certificate of Accreditation from the Accrediting Entity. Failure by the said
non-stock, non-profit corporations/NGOs to secure accreditation within the three-year
period shall be a ground for the cancellation by the BIR of their Certificates of
Registration as qualified-donee institutions: Provided, however, That donations and
contributions to the said non-stock, non-profit corporations/NGOs during the
three-year period shall still be allowed as deductible expense on the part of the donors
subject to the provisions of Sec. 4 of these Regulations: Provided, further, That after
the three-year period, only donations and contributions to non-stock, non-profit
corporations/NGOs which have been accredited under these Regulations, shall be

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 allowed as deductible expense on the part of the donors. LLpr

(f) The Accrediting Entity shall issue a Certificate of Accreditation to a

non-stock, non-profit corporation/NGO upon determination that it meets the criteria
for accreditation; Provided, that the Certificate of Accreditation shall be valid for a
maximum period of five (5) years for existing non-stock, non-profit
corporations/NGOs and three (3) years for newly-organized non-stock, non-profit
corporations/NGOs.

(g) The Accrediting Entity shall deny the applications of any non-stock,
non-profit corporation/NGO which does not meet the criteria for accreditation. The
Private Accrediting Entity shall notify the non-stock, non-profit corporation/NGO of
the denial of the application, the reasons therefor, and the evaluators' recommendation
in order that the non-stock, non-profit corporation/NGO may meet the criteria for
accreditation. A non-stock, non-profit corporation/NGO whose application for
accreditation has been denied by the Private Accrediting Entity shall have one (1)
year within which to implement the evaluator's recommendations. After the one-year
implementation period, the non-stock, non-profit corporation/NGO may re-apply for
accreditation.

(h) The Secretary of Finance and the Commissioner of Internal Revenue shall
oversee, monitor and coordinate with the Accrediting Entity to ensure that the
provisions of these Regulations are complied with.

SECTION 3. Donations to Accredited Non-stock, Non-profit

Corporations/NGOs. Donations to accredited non-stock, non-profit
corporations/NGOs shall be entitled to the following benefits:

(1) Limited Deductibility. Donations, contributions or gifts actually

paid or made within the taxable year to accredited non-stock,
non-profit corporations shall be allowed limited deductibility in an
amount not in excess of ten percent (10%) for an individual donor,
and five percent (5%) for a corporate donor, of the donor's income
derived from trade, business or profession as computed without the
benefit of this deduction.

(2) Full Deductibility. Donations, contributions or gifts actually

paid or made within the taxable year to accredited NGOs shall be
allowed full deductibility, subject to the following conditions:

(i) The accredited NGO shall make utilization directly for the
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 active conduct of the activities constituting the purpose or
function for which it is organized and operated, not later
than the fifteenth (15th) day of the third month after the
close of the accredited NGOs taxable year in which
contributions are received, unless an extended period is
granted by the Secretary of Finance, upon recommendation
of the Commissioner.

For this purpose, the term "utilization" shall have the

meaning as defined under Sec. 1(c) of these Regulations.

(ii) The level of administrative expenses of the accredited NGO,

shall, on an annual basis, not exceed thirty percent (30%) of
the total expenses for the taxable year;

(iii) In the event of dissolution, the assets of the accredited

NGO, would be distributed to another accredited NGO
organized for similar purpose or purposes, or to the State for
public purpose, or purposes, or to the state for public
purpose, or would be distributed by a competent court of
justice to another accredited NGO to be used in such
manner as in the judgment of said court shall best
accomplish the general purpose for which the dissolved
organization was organized. llcd

(iv) The amount of any charitable contribution of property other

than money shall be based on the acquisition cost of said
property

(v) All the members of the Board of Trustees of the non-stock,

non-profit corporation, organization or NGO do not receive
compensation or remuneration for their service to the
aforementioned organization.

(3) Exemption from Donor's Tax Donations and gifts made in favor
of accredited non-stock, non-profit corporations/NGOs shall be
exempt from donor's tax: Provided, however, That not more than
thirty percent (30%) of the said donations and gifts for the taxable
year shall be used by such accredited non-stock, non-profit
corporations/NGOs institutions qualified-donee institution for
administration purposes pursuant to the provisions of Section 101
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 (A)(3) and (B)(2) of the Tax Code .

SECTION 4. Utilization Requirements. Amounts set aside or to be set

aside for a specific project must have the prior approval of the Commissioner in
writing: Provided, however, That a certification issued by the Accrediting Entity that
the accredited NGO's specific project is one which can be better accomplished by
setting aside the funds, shall be sufficient basis for the Commissioner to grant his/her
approval.

The application for the Commissioner's prior approval must contain the
following:

(a) the nature and purpose of the specific project and the amount
programmed therefor;

(b) a detailed description of the project, including estimated costs,

sources of any future funds expected to be used for completion of
the project, and the location or locations (general or specific) of
any physical facility to be acquired or constructed as part of the
project; and

(c) a statement by an authorized official of the organization that the

amount to be set aside will actually be disbursed for the specific
project within five (5) years from the date of approval by the
Commissioner, unless the nature of the project is such that the
five-year period is impracticable.

Amounts set aside shall be evidenced by book entries and documents showing
evidence of deposits or investments, including of the funds so set aside, or other
documents that the Commissioner may require. llcd

SECTION 5. Certificate of Donations. All accredited non-stock,

non-profit corporation/NGO are required to issue a certificate of donation in such
form as prescribed by the BIR, on every donation or gift they receive. Such certificate
shall be accomplished by the said accredited non-stock, non-profit corporation/NGO
in triplicate and distributed within thirty (30) days after the receipt of the donation, as
follows:

(a) Original copy - Donor

(b) Duplicate copy - BIR

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 (c) Triplicate copy - Donee

SECTION 6. Notice of Donations. The donor, on the other hand,

should give a notice for every donation worth over One Million pesos (P1,000,000) to
the Revenue District Officer where his place of business is located within thirty (30)
days after the receipt of the Certificate of Donation attaching to the said notice the
copy of the Certificate of Donation issued to him by the accredited non-stock,
non-profit corporation/NGO.

SECTION 7. Date and Place of Filing Returns.

(a) Time of Filing. Claims for limited or full deductibility of donations and
contributions by the donors shall be filed by the donors at the time of filing their
income tax returns.

On the other hand, the accredited non-stock, non-profit corporation/NGO shall

file its annual information return not later than the fifteenth (15th) day of the fourth
month after the close of its taxable year in order to maintain its status as an accredited
non-stock, non-profit corporation/NGO.

(b) Place of Filing. The income tax return and/or the annual information
return of the donor or of the accredited non-stock, non-profit corporation/NGO shall
be filed in the Revenue District Office where the place of business of the donor or the
donee, as the case may be, is located.

SECTION 8. Substantiation Requirements.

(a) For Donors. Donors claiming donations and contributions to

accredited non-stock, non-profit corporation/NGO as deductions from their taxable
business income should submit evidences or proofs to the BIR by showing the
Certificate/s of Donation and indicating therein the following:

(i) Actual receipt by the accredited non-stock, non-profit

corporation/NGO of the donation or contribution and the date of
receipt thereof; and

(ii) The amount of the charitable donation or contribution, if in cash; if

property, whether real or personal, the acquisition cost of the said
property.

On the other hand, donors claiming exemption from donor's tax on their
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 donations and contributions to accredited non-stock, non-profit corporations/NGOs
should submit evidences or proofs showing the amount of donation, if in cash; if real
property, the zonal value thereof at the time of donation; and if personal property, the
acquisition cost thereof, but if said personal property had already been used at the
time of donation, the depreciated or book value thereof.

(b) For Accredited Non-stock, Non-profit Corporations/NGOs. Accredited

non-stock, non-profit corporations/NGOs shall, upon filing their income tax
returns/annual information returns, furnish the Revenue District Officer of the place
where the said accredited non-stock, non-profit corporation/NGO is located, the
following:

(i) A list of the donations and income received during the year,
showing the name and address of the donors; the sources of
income; the amount or market value of each donation and items of
income and the disposition thereof;

(ii) A list of the activities and/or projects undertaken by the institution

and the cost of each undertaking indicating in particular where and
how the donations has been utilized.

(iii) A list of projects, their corresponding costs; the amount "set aside"
and the status of funds balances at the end of the year;

(iv) A declaration that the utilization requirements under Section 2(c)

and 8 of these Regulations have been sufficiently complied with;

(v) A declaration that no part of the net income of the accredited

non-stock, non-profit corporation/NGO inures to the benefit of any
private stockholder or individual; and

(vi) A declaration of the status of project implementation.

SECTION 9. Monitoring and Verification of Annual Information Return.

Pursuant to the last paragraph of Section 235 of the Tax Code , 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 accredited
non-stock, non-profit corporations/NGOs 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 liability, if any. Compliance by
the accredited non-stock, non-profit corporation/NGO with the conditions set forth in
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 the grant of incentives under Sec. 4 of these Regulations shall be strictly monitored to
ascertain whether or not they have met the requirements for maintaining the status as
an accredited qualified-donee institution. cdasia

SECTION 10. Prohibited Transactions. any accredited non-stock,

non-profit corporation/NGO enjoying the benefits provided for under Sec. 4 of these
Regulations is prohibited from undertaking any of the following transactions:

(a) Lending any part of its income or property without adequate

security and/or a reasonable rate of interest unless the institution
has a formal micro-credit or micro-finance program as approved by
their Board of Trustees;

(b) Purchasing any security and/or property for more than an adequate
consideration in money or money's worth;

(c) Selling any part of the security or other property for less than
adequate consideration in money or money's worth;

(d) Diverting its income or transferring its property by way of lease or

sale to any member of its Board of Trustees, founder/s or principal
officers or any member of their families or to any corporation
controlled directly or indirectly by the aforesaid individuals or
their families in accordance with the attribution of stock ownership
under Section 73 (A) and (B) of the Tax Code ;

(e) Using any part of its property, income or seed capital for any
purpose other than that for which the corporation was created or
organized; or

(f) Engaging in any activity which is contrary to law, public order or

public policy.

SECTION 11. Withdrawal of Certificate of Accreditation and Revocation

of the Certificate of Registration.

(a) The Accrediting Entity shall have the authority to withdraw the
Certificate of Accreditation which it issued to a non-stock, non-profit
corporation/NGO upon a determination that the latter no longer meets the criteria for
accreditation under Sec. 2 (c) of these Regulations. The Private Accrediting Entity
concerned shall inform the Legal Service of the National Office or the concerned

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 division of the Regional Offices of the withdrawal of the Certificate of Accreditation
and recommend to the BIR the revocation of the Certificate of Registration of the
non-stock, non-profit corporation/NGO concerned.

(b) The Accrediting Entity which issued the Certificate of Accreditation shall
report to the Legal Service of the National Office or to the concerned division of the
Regional Offices any violation of any provision of these Regulations by the accredited
non-stock, non-profit corporation/NGO. Violation of any provision of these
Regulations shall constitute a ground for the withdrawal by the Private Accrediting
Entity concerned of the Certificate of Accreditation and the revocation by the BIR of
the Certificate of Registration.

(c) Any donor found to have participated in or consented to the violation of

these Regulations shall be deprived of the benefits provided under Sec. 4 of these
Regulations implementing Sections 34 (H)(1), (2)(c) and 101(A)(3), (B)(2) of the Tax
Code. Thus, the limited or full deductibility of donations and contributions shall be
disallowed and the corresponding donor's tax due on the donation, including statutory
increments or penalties thereto provided in the Tax Code, shall be assessed and
collected. The said penalties shall be in addition to any administrative or criminal
penalty provided for by law or regulations.

SECTION 12. Repealing Clause. All internal revenue issuances, rules

and regulations, or parts thereof, which are contrary to or inconsistent with these
Regulations are hereby repealed, amended or modified accordingly.

SECTION 13. Effectivity. These Regulations shall take effect fifteen

(15) days after publication in the Official Gazette or any newspaper of general
circulation in the Philippines. cdtai

(SGD.) EDGARDO B. ESPIRITU

Secretary of Finance

Recommending Approval:

(SGD.) BEETHOVEN L. RUALO

Commissioner of Internal Revenue

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Copyright 2017 CD Technologies Asia, Inc. and Accesslaw, Inc. Philippine Taxation Encyclopedia 2016 17
 Endnotes

1 (Popup - Popup)
RA 8424

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