Taxation, 2014 Bar — Question XIX

QUESTION

The Bureau of Internal Revenue (BIR) issued Revenue Memorandum Circular (RMC) No. 65-2012 imposing Value-Added Tax (VAT) on association dues and membership fees collected by condominium corporations from its member condominium-unit owners. The RMC's validity is challenged before the Supreme Court (SC) by the condominium corporations. The Solicitor General, counsel for BIR, claims that association dues, membership fees, and other assessment/charges collected by a condominium corporation are subject to VAT since they constitute income payments or compensation for the beneficial services it provides to its members and tenants. On the other hand, the lawyer of the condominium corporations argues that such dues and fees are merely held in trust by the condominium corporations exclusively for their members and used solely for administrative expenses in implementing the condominium corporations' purposes. Accordingly, the condominium corporations do not actually render services for a fee subject to VAT. Whose argument is correct? Decide. (5%)

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