Title
Supreme Court
Tax Exemption for Local Water Districts
Law
Republic Act No. 7109
Decision Date
Aug 14, 1991
Republic Act No. 7109 grants tax exemptions and privileges to water districts in the Philippines, including exemptions from income taxes, franchise taxes, and real property taxes, provided they adopt internal control reforms and submit annual financial statements.

Law Summary

Real Property Tax Exemption

  • Lands, buildings, and other real property including attached equipment used exclusively for water supply generation and distribution are exempt from real property tax.
  • This exemption does not apply if the property is used for offices or other commercial purposes.

Duration and Conditions for Tax Exemptions

  • Tax exemptions in Sections 1 and 2 are granted for a period of five (5) years from the Act’s effectivity date.
  • Water districts must implement internal control reforms to improve economic and financial viability.
  • Appropriations for personal services, travel, transportation, representation expenses, and motor vehicle purchases must not increase by more than 25% annually during the exemption period.

Reporting Requirements

  • Water districts, through the Local Water Utilities Administration, must submit annual statistical data and financial statements to the Bureau of Local Government Finance under the Department of Finance.
  • This monitoring is to ensure compliance and evaluate the rationale behind the tax exemptions.

Condonation of Unpaid Taxes and Duties

  • Unpaid taxes and duties from October 15, 1984, to the Act’s effectivity are condoned if:
    1. The Bureau, upon reviewing financial data, confirms the water district’s inability to pay after accounting for operational expenses, debt servicing, and reserve.
    2. The water district submits a program of internal reforms certified by the Local Water Utilities Administration to restore economic and financial viability.

Rulemaking Authority

  • The Secretary of Finance is authorized to promulgate the necessary rules and regulations for the effective implementation of the Act.

Repealing Clause

  • All laws, decrees, orders, rules, and regulations inconsistent with this Act are repealed or modified accordingly.

Effectivity

  • The Act takes effect immediately upon approval.

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