Case Digest (G.R. No. 182722)
Facts:
In Dumaguete Cathedral Credit Cooperative (DCCCO) v. Commissioner of Internal Revenue, G.R. No. 182722, decided January 22, 2010, the petitioner, DCCCO, a credit cooperative registered with the Cooperative Development Authority since February 17, 1968, requested a review of deficiency withholding tax assessments on interest earned by its members from savings and time deposits for taxable years 1999 and 2000. Under Letters of Authority Nos. 63222 and 63223 dated November 27, 2001, the Bureau of Internal Revenue examined DCCCO’s books, prompting pre-assessment notices and eventual Letters of Demand in April 2003 for over ₱1.4 million each year, inclusive of penalties. DCCCO paid withholding taxes on board honoraria, security and janitorial services, and professional fees via the Voluntary Assessment and Abatement Program but protested the tax on members’ deposit interest. After the Commissioner of Internal Revenue failed to resolve the protest within 180 days, DCCCO elevated the mCase Digest (G.R. No. 182722)
Facts:
- Petitioner and Cooperative Operations
- Dumaguete Cathedral Credit Cooperative (DCCCO) is a credit cooperative registered with the Cooperative Development Authority on February 17, 1968, whose objectives include mobilizing member savings, promoting thrift, and extending loans.
- DCCCO exercises banking-like powers: accepting savings and time deposits, issuing obligations, and contracting indebtedness.
- BIR Audit, Assessments, and VAAP Payments
- On November 27, 2001, the BIR issued Letters of Authority to examine DCCCO’s books for taxable years 1999–2000, leading to Pre-Assessment Notices for deficiency withholding taxes on honoraria, professional fees, security services, and interest on member deposits.
- DCCCO protested, then availed of the Voluntary Assessment and Abatement Program (VAAP), paying P105,574.62 (1999) and P143,867.24 (2000) for non-interest items; remaining deficiency notices for interest were not settled.
- Letters of Demand and Protest to CIR
- On April 24, 2003, BIR Letters of Demand assessed deficiency withholding taxes of P1,489,065.30 (1999) and P1,462,644.90 (2000), inclusive of penalties, for interest on member deposits.
- DCCCO protested to the Commissioner of Internal Revenue; no action was taken within 180 days, prompting a petition to the Court of Tax Appeals (CTA) on December 3, 2003.
- Proceedings in the CTA
- CTA First Division (February 6, 2007) partially granted relief: canceled assessments on non-interest items but affirmed deficiency withholding taxes on interest—ordering payment of P1,280,145.89 (1999) and P1,357,881.14 (2000) plus 20% delinquency interest.
- CTA En Banc (July 2007) denied review and motion for reconsideration, holding that cooperatives fall under “similar arrangements” in RR 2-98 and must withhold 20% final tax on interest.
- Supreme Court Petition
- DCCCO filed a Petition for Review on Certiorari under Section 11 of RA 9282, challenging its liability to withhold the 20% final tax on interest from member deposits and the imposed delinquency interest.
Issues:
- Whether DCCCO, as a credit cooperative, is liable to pay deficiency withholding taxes on interest from savings and time deposits of its members for taxable years 1999 and 2000 under Section 24(B)(1) of the NIRC.
- Whether DCCCO is liable for the 20% per annum delinquency interest on such assessed deficiency withholding taxes under Section 249(C) of the NIRC.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)