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TAXATION
TIPS 2013
Taxation of non-paying patients of non-profit hospitals
Commissioner of Internal Revenue v. St. Lukes (GR No. 195909)
St. Lukes accepts both paying and non-paying patients.
- With respect to its non-paying patients, St. Lukes is exempted from income tax pursuant to
Sec. 30 (E) and (G) of the NIRC for being a non-stock corporation or organization operated
exclusively for charitable or social welfare purposes.
- Accepting paying patients does not destroy the exemption of St. Lukes under Sec. 30 of the
NIRC. Instead, the last paragraph of Sec. 30 of the NIRC provides that St. Lukes activities
conducted for profit, regardless of the disposition of such income, shall be subject to tax imposed
under this Code.
Franchises are not subject to taxes
Digitel Telecommunications v. City of Batangas (GR No. 156040)
The franchise of the taxpayer contained the following: The grantee shall be liable to pay the
same taxes on its real estate, buildings, and personal property exclusive of this franchise as other
persons or corporations are now or hereafter may be required by law to pay.
-
exclusive of this franchise is meant to exclude the legislative franchise from the
properties subject to taxes under the first sentence. In effect, petitioners franchise, which is
a personal property, is not subject to the taxes imposed on properties under the first sentence
of Section 5.
Failure to appeal to the Secretary of Justice within the statutory period of 30 days from the
effectivity of an ordinance is fatal to ones cause.
CEPALCO v. City of Cagayan de Oro (GR No. 191761)
Failure to appeal to the Secretary of Justice within the statutory period of 30 days from
the effectivity of an ordinance is fatal ones cause.
A city may exceed by not more than 50% the tax rates allowed to provinces and
municipalities. Following this:
A city may impose a franchise tax of up to 0.0075 (or 0.75%) of a business gross annual
receipts.
A city may impose a business tax of up to 0.03 (or 3%) of a business gross sales or
receipts
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