Request for Review of BIR Ruling No. ITAD 010-12

May 9, 2012DOF OPINIONManabat Delgado Amper & Co.5th floor Salamin Building197 Salcedo Street, Legaspi Village1229 Makati City, Metro ManilaAttention: Mr. Richard R. Lapres SUBJECT : Request for Review of BIR Ruling No. ITAD 010-12 This has reference to your request for review dated 10 February 2012, 1 on behalf of your client, Motors Liquidation Company, formerly General Motors Corporation ("GM Corp."), of Bureau of Internal Revenue ("BIR") Ruling No. ITAD 010-12 dated 10 January 2012, which denied the Tax Treaty Relief Application ("TTRA") filed by GM Corp. on 27 August 2009 2 in connection with the sale of stocks held by GM Corp. in General Motors Automobiles Philippines, Inc. ("GMAP") to General Motors Company ("GM Co."), for having been filed beyond the fifteen (15)-day period prescribed by Revenue Memorandum Order ("RMO") 01-2000. Thus, as ruled by the BIR, the gains from the said sale shall be subject to the tax at the rate provided under Section 25 (B) (5) (c) 3 of the National Internal Revenue Code ("NIRC"). As culled from the records, the facts...