THE Department of Justice (DOJ) has reiterated its legal opinion issued in 2006 which held that the Philippines AirAsia (PAA), formerly Asian Spirit Inc. is entitled to the tax privileges being enjoyed by flag carrier Philippine Airlines Inc. (PAL).
THE Department of Justice has reiterated its legal opinion issued in 2006 which held that the Philippines AirAsia , formerly Asian Spirit Inc. is entitled to the tax privileges being enjoyed by flag carrier Philippine Airlines Inc. .
It noted that under Section 13 of Presidential Decree No. 1590, otherwise known as An Act Granting a New Franchise to Philippine Airlines to Establish, Operate and Maintain Air-Transport Services in the Philippines and Other Countries, PAL is mandated to pay during the effectivity of its franchise either “the basic corporate income tax based on its annual net taxable income” or “a franchise tax of two percent of the gross revenues derived from all sources..
Furthermore, the justice department noted that the issue raised in PAA’s letter-request is a tax matter which falls within the jurisdiction of the Bureau of Internal Revenue , which is mandated to assess and collect all taxes, fees and charges. “This rule arises not only from practical considerations, but also our of due respect and deference for the competence and expertise of the office having primary jurisdiction to resolve the matter and for its familiarity within the policy repercussions of the question as well as from a logical recognition of the lawful exercise of an authority conferred by law,” he added.
The DOJ also noted that it was the first time that a legal opinion was sought on whether PAA can avail of the tax privileges enjoyed by PAL under its Charter.
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