Legislative grant of exemption b.
PD 1156, (1977) provided, for the first time, for the
95022 – CIR vs CTA, GCL Retirement Plan
Melencio-Herrera, J
GCL claims refund from the CIR of certain amounts withheld from its
employees’ trust accounts on the ground that these accounts are tax exempt.
The SC agreed with GCL because the legislative tax exemption granted is
clear, unequivocal and was not repealed by a general law as argued by the
CIR.
DOCTRINE
A subsequent statute, general in character as to its terms and application, is
not to be construed as repealing a special or specific enactment, unless the
legislative purpose to do so is manifested. This is so even if the provisions of
the latter are sufficiently comprehensive to include what was set forth in the
special act
FACTS
1. GCL Retirement Plan (GCL) is an employees' trust maintained by the
employer, GCL Inc., to provide retirement, pension, disability and
death benefits to its employees. The Plan as submitted was
approved and qualified as exempt from income tax by CIR in
accordance with RA. 4917.
2. In 1984, earned therefrom interest income from which was withheld
the 15% final witholding tax imposed by PD 1959, which took effect
on 15 October 1984,
3. In1985, GCL filed with CIR a claim for refund in the amounts withheld
by stating that it disagreed with the collection of the 15% final
withholding tax from the interest income as it is an entity fully exempt
from income tax as provided under RA. 4917 in relation to Section 56
(b) 3 of the Tax Code.
a. CIR denied
4. GCL elevated the matter to CTA.
a. CTA ruled in favor of GCL, holding that employees' trusts are
exempt from the 15% final withholding tax on interest income
and ordering a refund of the tax withheld.
5. Hence, this recourse by CIR
6. Legislative history:
a. RA 1983, (1957), amending Sec. 56 (b) of the Tax Code,
employees' trusts were exempt from income tax1.
1 Sec. 56Imposition of tax. —(a) Application of tax. — The taxes imposed by this Title upon
individuals shall apply to the income of estates or of any kind of property held in trust, including
— (b) Exception. — The tax imposed by this Title shall not apply to employees' trust which
forms a part of a pension, stock bonus or profit-sharing plan of an employer for the benefit of
withholding from the interest on bank deposits at the source
of a tax of fifteen per cent (15%) of said interest. Sec 53 c (3)
thereof did not remove exemption in RA 1983, withholding
tax collected may be refunded or credited
c. carried over in PD 1739, (1980), which law also subjected
interest from bank deposits and yield from deposit
substitutes to a final tax of twenty per cent (20%).
d. PD 1959 (1984) was issued, wherein the exemption from
withholding tax on interest on bank deposits previously
extended by PD 1739 if the recipient (individual or
corporation) of the interest income is exempt from income
taxation, and the imposition of the preferential tax rates if the
recipient of the income is enjoying preferential income tax
treatment, were both abolished
7. CIR that from 1984 when PD. 1959 was promulgated, employees'
trusts ceased to be exempt and thereafter became subject to the
final withholding tax.
8. Upon the other hand, GCL contends that the tax exempt status of the
employees' trusts applies to all kinds of taxes, including the final
withholding tax on interest income. That exemption, according to
GCL, is derived from Section 56(b) and not from Section 21 (d) or 24
(cc) of the Tax Code, as argued by CIR.
ISSUE with HOLDING
1. W/n the GCL Plan is exempt from the final withholding tax on interest
income from money placements and purchase of treasury bills required
by PD 1959- YES
a. SC: GCL Plan was qualified as exempt from income tax by the
Commissioner of Internal Revenue in accordance with RA 4917
(1967). This law specifically provided: Sec. 1. Any provision of law to
the contrary notwithstanding, the retirement benefits received by officials and
employees of private firms, whether individual or corporate, in accordance with a
reasonable private benefit plan maintained by the employer shall be exempt from
all taxes and shall not be liable to attachment, levy or seizure by or under any
legal or equitable process whatsoever except to pay a debt of the official or
employee concerned to the private benefit plan or that arising from liability
imposed in a criminal action;
b. In so far as employees' trusts are concerned, the foregoing
provision should be taken in relation to then Section 56(b) (now
53[b]) of the Tax Code, as amended by RA 1983. This provision
specifically exempted employee's trusts from income tax
some or all of his employees (1) if contributions are made to trust by such employer, or
employees, or both, for the purpose of distributing to such employees the earnings and principal
of the fund accumulated by the trust in accordance with such plan, . . .
1
 c. The tax-exemption privilege of employees' trusts, as
distinguished from any other kind of property held in trust,
springs from the foregoing provision. It is unambiguous. Manifest
therefrom is that the tax law has singled out employees' trusts for
tax exemption.
d. And rightly so, by virtue of the raison de'etre behind the creation
of employees' trusts. Employees' trusts or benefit plans normally
provide economic assistance to employees upon the occurrence
of certain contingencies, particularly, old age retirement, death,
sickness, or disability.
e. The tax advantage in said law was conceived in order to
encourage the formation and establishment of such private Plans
for the benefit of laborers and employees outside of the Social
Security Act. It is evident that tax-exemption is likewise to be
enjoyed by the income of the pension trust. Otherwise, taxation
of those earnings would result in a diminution accumulated
income and reduce whatever the trust beneficiaries would
receive out of the trust fund. This would run afoul of the very
intendment of the law.
f. The deletion in PD1959 of the provisos regarding tax exemption
and preferential tax rates under the old law, therefore, cannot be
deemed to extent to employees' trusts. It being a general law,
cannot repeal by implication a specific provision, Section 56(b)
now 53 [b]) in relation to Rep. Act No. 4917 granting exemption
from income tax to employees' trusts.
g. A subsequent statute, general in character as to its terms and
application, is not to be construed as repealing a special or
specific enactment, unless the legislative purpose to do so is
manifested. This is so even if the provisions of the latter are
sufficiently comprehensive to include what was set forth in the
special act

DISPOSITIVE PORTION
WHEREFORE, the Writ of Certiorari prayed for is DENIED. The judgment of
respondent Court of Appeals, affirming that of the Court of Tax Appeals is
UPHELD. No costs.

DIGESTER: Nikki M.