BIR REVENUE REGULATION NO. 8-93

Legal Principle: This regulation implements provisions of the Magna Carta for Disabled Persons, focusing on tax incentives for private employers and donors supporting disabled persons.
Key Provisions:
- Related to Sections 29(a), (h), 94, 103(u) of the National Internal Revenue Code (NIRC).
Cross-References: Sections 8 and 42 of Republic Act No. 7277.

Legal Principle: Encourages private sector employment of disabled persons through tax deductions.
Key Definitions:
- Disabled Persons: Individuals with physical, mental, or sensory impairments affecting normal activities.
- Reasonable Accommodation: Modifications to facilities and schedules to assist disabled employees.
Incentives:
- 25% additional deduction on salaries paid to qualified disabled employees.
- 50% additional deduction on costs of facility modifications for accessibility.
Requirements:
- Certification from the Department of Labor and Employment (DOLE) on employment status and qualifications.
- Evidence of salary payments and certifications from DOLE and the Department of Health (DOH).
Timeframe: Deductions claimed in the taxable year expenses are incurred.

Legal Principle: Promotes donations to government agencies and organizations supporting disabled persons through tax exemptions.
Key Provisions:
- Donations exempt from donor's tax, provided no more than 30% is used for administrative purposes.
- Foreign donations are exempt from taxes and duties.
Requirements:
- Issuance of a Certificate of Donation by the receiving organization.
- Documentation of the donation's value and utilization.
Timeframe: Deductions claimed in the taxable year the donation is made.

Legal Principle: Establishes guidelines for valuing donations made in kind.
Key Definitions:
- Fair Market Value: Determined at the time of donation.
Requirements:
- Certificates showing donation details must be issued to donors.

Legal Principle: Outlines conditions for full deductibility of donations to qualified organizations.
Important Points:
- Donations to accredited organizations are fully deductible.
- Limitations on deductions: 6% for individuals, 3% for corporations.

Legal Principle: Organizations must maintain accurate records and submit annual information returns to the BIR.
Requirements:
- Maintain records of donations and expenditures.
- File annual reports detailing the utilization of funds received.
Penalties: Organizations failing to comply may face disqualification from tax exemptions.

Consequences: Violations of these regulations may result in suspension or cancellation of tax-exempt status and disallowance of deductions.

Timeframe: The regulations take effect 15 days after publication in a recognized medium.

The regulation provides tax incentives to promote the employment of disabled persons and support organizations aiding them.
Employers can avail of substantial deductions on salaries and facility improvements, while donors benefit from exemptions on contributions.
Compliance with documentation and reporting is crucial to maintain eligibility for these incentives, with penalties for non-compliance.