October 18, 2018
ITAD BIR RULING NO. 088-18
Article 13 Philippines-Japan tax treaty,
as amended
De Guzman, Rafal and Sansarona Law and Consultancy
Jipang Building
Roxas Boulevard corner Sen. Gil Puyat Avenue
1302 Pasay City
Attention: AAA
_______________
Gentlemen :
This refers to your tax treaty relief application filed on August 11, 2017 requesting confirmation that capital gains derived by Kyocera Crystal Device Corporation ("Kyocera Crystal") from the transfer of its shares of stock in Kyocera Crystal Device Philippines, Inc. ("Kyocera Crystal Philippines") (originally KSS Philippines, Inc., then Kyocera Kinseki Philippines, Inc.) to Kyocera Corporation ("Kyocera") are exempt from income tax pursuant to the Convention between the Republic of the Philippines and Japan for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income ("Philippines-Japan tax treaty"), as amended. IAcTaC
FACTS
Kyocera Crystal is a foreign corporation organized and existing under the laws of Japan and a resident thereof based on its amended Articles of Incorporation (AOI) and Certificate of Residence issued by the Murayama Tax Office in Japan. Kyocera Crystal is engaged in manufacturing and selling crystal oscillators, application devices...
