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JV CONSTRUCTION
• INCOME TAX
JVs are not taxable as corporations as long as it is formed for the purpose of
undertaking construction projects, regardless if one party (venturer) functions
only as the provider of capital.
It is only the members (co-venturers) who are subject to tax in their individual
capacities upon their sale of their share in the developed properties.
JVs or consortia formed for the purpose of undertaking construction projects will
not be considered as taxable corporations, provided ALL conditions
enumerated in the RR are present/complied with.
BIR Ruling
Requisites for non-taxable JVs under RR No. 10-2012 (dated June 1, 2012):
1.For the undertaking of a construction project;
2.Should involve joining or pooling of resources by licensed local contractors; that is,
licensed as general contractor by the Philippine Contractors Accreditation Board
(PCAB) of the Department of Trade and Industry (DTI);
4.The Joint Venture itself must likewise be duly licensed as such by the Philippine
Contractors Accreditation Board (PCAB) of the Department of Trade and Industry
(DTI).
Note: Absent any one of the foregoing requirements, the JV or consortium formed for
the purpose of undertaking construction projects shall be considered as a taxable
corporation.
Alfalfa Construction/Lucky A Construction-JV
Facts:
1.The Co-venturers:
3.The Joint Venture itself is duly licensed by the Philippine Contractors Accreditation
Board (PCAB)
4.The JV has secured its own TIN.