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BIR Ruling - DA-200-04
BIR Ruling - DA-200-04
Gentlemen :
This refers to your letter dated February 27, 2004 stating that your
client, Read Rite Philippines, Inc. (RRPI) [formerly known as Sunward
Technologies (Phils.), Inc.] is a domestic corporation registered with the
Philippine Economic Zone Authority (PEZA) as an Ecozone Export Enterprise
under Certificate of Registration No. 94-60 dated March 5, 1997; that RRPI's
production facility is located at the Carmelray Industrial Park, an export
processing zone approved by and registered with the PEZA; that on June 18,
2003, RRPI ceased its production operations due to continued business
losses and bankruptcy proceedings was commenced by its parent
corporation in the United States Bankruptcy Court for the Northern District of
California, Oakland Division pursuant to Chapter 7 of the U.S. Code; that on
July 28, 2003, the PEZA provisionally approved the cancellation of RRPI's
PEZA registration subject to fulfillment of certain conditions which included,
among others, the receipt of RRPI's notice that it has completed its winding-
up operations; that the PEZA also authorized RRPI to sell its facility located
at the Carmelray Industrial Park; that pursuant to its Registration and
Supplemental Agreements with PEZA dated June 2, 1994, June 29, 1995 and
October 5, 1999, RRPI enjoyed a four-year income tax holiday incentive on
the manufacture of tapeheads from April 1, 1995 to March 31, 1999 and on
the manufacture of multi-channel tapeheads from October 1, 1999 to
September 30, 2003; and that immediately upon expiration of RRPI's income
tax holiday on September 30, 2003, RRPI became subject to the 5% tax on
gross income which shall be in lieu of all national and local taxes pursuant to
Section 24 of R.A. No. 7916, as amended by R.A. No. 8748.
Based on the foregoing representations, you now request confirmation
of your opinion that —
"1. The sale by RRPI of its facilities at the Carmelray Industrial
Park, including the buildings, machinery, equipment and other
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improvements thereon, in the course of winding up its registered
activity will fall under R.A. 7916, hence, subject to 5% preferential tax
rate on the gross selling price less the depreciated cost of the
buildings, machinery and equipment as of the date of the cessation of
RRPI's commercial operations;
"2. Consequently, the sale of RRPI's buildings, machinery and
equipment will be exempt from the 6% creditable withholding tax
pursuant to Section 2.57.5 of Revenue Regulations No. 2-98, as
amended by Revenue Regulations No. 14-02."
In reply thereto, please be informed that your opinion is hereby
confirmed as follows: TCaAHI