Title
Income Tax Exemption for AFP US Service Members
Law
Republic Act No. 210
Decision Date
Jun 1, 1948
Republic Act No. 210 grants income tax exemption to officers and enlisted men of the Army of the Philippines who served in the Armed Forces of the United States during the taxable years 1942 to 1945, including their beneficiaries, and allows for the refund of any collected income tax on the exempted income.

Purpose and declared coverage

  • Section 1 exempts covered Army of the Philippines personnel from income tax on specified earnings derived from service with the United States Armed Forces.
  • Section 2 authorizes refunds for income tax amounts previously collected on income that the Act exempts.
  • Section 3 extends applicability to personnel who were inducted into the United States Armed Forces in the Far East, and to duly recognized guerrillas.
  • Section 1 expressly includes beneficiaries within the exemption.

Scope of persons and transactions covered

  • Section 1 covers officers and enlisted men of the Army of the Philippines who served in the Armed Forces of the United States, including their beneficiaries.
  • Section 1 covers income consisting of compensation, insurance, and maintenance and support allowances earned by virtue of such service.
  • Section 3 applies to Army personnel who were inducted into the United States Armed Forces in the Far East, including their beneficiaries.
  • Section 3 applies to guerrillas duly recognized, whether collectively or individually, including their beneficiaries.

Taxable years and exemption standard

  • Section 1 limits the exemption to the taxable years Nineteen Hundred and Forty-two, Nineteen Hundred and Forty-three, Nineteen Hundred and Forty-four, and Nineteen Hundred and Forty-five.
  • Section 1 grants that income so earned is exempt regardless of the date of receipt thereof.
  • Section 1 provides that the exemption applies to income earned by virtue of the covered service.
  • Section 1 provides that the tax exemption applies to the Act’s covered income categories: compensation, insurance, and maintenance and support allowances.

Filing of returns requirement

  • Section 1 states that the filing of returns for the exempt income is not required for covered individuals.

Refund of previously collected taxes

  • Section 2 authorizes the refund of any amount heretofore collected as income tax on income exempted under the Act.
  • Section 2 requires a proper application for the refund.
  • Section 2 directs that the application must be filed with the Collector of Internal Revenue.
  • Section 2 provides that the refund is for the individual claiming exemption.

Applicability to inducted personnel and guerrillas

  • Section 3 applies the Act to officers and enlisted men inducted into the United States Armed Forces in the Far East.
  • Section 3 applies the Act to guerrillas duly recognized, whether collectively or individually.
  • Section 3 extends the benefit to beneficiaries of covered inducted personnel and guerrillas.
  • Section 3 expressly ties applicability to the service context stated: induction into the United States Armed Forces in the Far East and duly recognized guerrilla service.

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