Title
Supreme Court
Republic vs. Sunlife Assurance Co. of Canada
Case
G.R. No. 158085
Decision Date
Oct 14, 2005
Sun Life, a mutual life insurance company, successfully claimed tax exemption as a cooperative under the Tax Code, securing a refund for erroneously paid premium and documentary stamp taxes.

Case Summary (G.R. No. 200065)

Background and Nature of the Dispute

Sun Life, as a Canadian mutual life insurance company licensed to operate in the Philippines, paid premium tax and documentary stamp tax (DST) on premiums and insurance policies during 1997, amounting to over sixty-one million pesos. Relying on previous court rulings exempting mutual life insurance companies from such taxes due to their cooperative nature, Sun Life filed for tax credit and refund with the CIR, which initially did not act, prompting the filing of a petition with the Court of Tax Appeals (CTA). The CTA ruled in favor of Sun Life, affirmed by the Court of Appeals (CA). The CIR petitioned to the Supreme Court, contending that Sun Life was not exempt because it was not registered with the Cooperative Development Authority (CDA) and failed to prove its cooperative character consistent with the Tax Code.

Legal Issues Presented

  1. Whether Sun Life qualifies as a purely cooperative company or association under Section 121 (now Section 123) of the Tax Code and thus is exempt from payment of premium and documentary stamp taxes.
  2. Whether registration with the Cooperative Development Authority is a mandatory prerequisite for entitlement to tax exemption.
  3. Whether Sun Life is entitled to exemption from premium tax and documentary stamp tax on life insurance premiums and policies.

Cooperative Status of Respondent

The Court held that Sun Life is indeed a cooperative company within the meaning of the Tax Code. It is managed and governed by its member-policyholders, who exercise voting rights and elect the board of trustees as per its bylaws and the Corporate Code. Operating as a mutual life insurance company, it was "mutualized" under the Insurance Code and owned by its members who pay premiums pooled to cover losses and liabilities. The company does not operate for profit but for the mutual protection of members, with dividends distributed as refunds of excess premiums rather than profits. Such a cooperative nature aligns with established principles, jurisprudence, and the statutes governing mutual life insurance companies.

Registration with Cooperative Development Authority (CDA) Not Required

The Court clarified that the Tax Code does not mandate registration with the CDA for a cooperative to qualify for tax exemption. The CDA’s authority and the Cooperative Code - enacted in 1990 - primarily regulate cooperatives organized under the Code, which typically include agricultural, consumer, or credit cooperatives that operate locally and serve specific development purposes. Sun Life, a foreign mutual life insurance company operating under preexisting Insurance Code and Corporation Code provisions, does not fall within the scope of CDA registration. Historical cooperative laws and regulations did not require such registration for mutual life insurance companies, and administrative circulars cannot impose new registration requisites absent a legal basis. Further, the Insurance Code does not require or recognize CDA registration as a condition for insurance entities.

Tax Exemption Based on Cooperative Status

The Tax Code explicitly exempts cooperatives from the 5% premium tax (Section 121) and exempts premiums and policies of cooperative companies from documentary stamp tax (Section 199). Sun Life’s proven cooperative nature entitles it to these exemptions despite not being registered with the CDA. Amendments in RA 8424 abolishing certain income tax provisions applicable to mutual companies did not amend or repeal these exemptions. The court found that the claim for tax credit, duly and timely filed by Sun Life for the taxes paid in 1997, was valid and supported by substantial evidence.

Conclusion and Final Ruling

The Court affirmed the decisions of the Court o

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