FACTS
SC Johnson & Son, Inc., a domestic corporation organized and operating under Philippine laws, entered into a license agreement with SC Johnson & Son, USA, a non-resident foreign corporation based in the USA for the use of the trademark, patents, and technology owned by the latter including the right to manufacture, package, and distribute the products covered by the Agreement and secure assistance in management, marketing, and production from SC Johnson & Son, USA.
The latter likewise required herein respondent to pay royalties based on a percentage of net sales and subjected the same to 25 percent withholding tax on royalty payments.
Subsequently, SC Johnson & Son, Inc. filed with the International Tax Affairs Division of the BIR a claim for refund of overpaid withholding tax on royalties, arguing that the royalties it paid to SC Johnson & Son, USA was only subject to 10 percent withholding tax pursuant to the most-favored nation clause of the RP-US Tax in relation to the RP-West Germany Tax.
Because the CIR did not act on the company’s claim for refund, the company filed a petition for review before the CTA, which ruled in favor of SC Johnson & Son, ordering the CIR to issue a tax credit certificate in the amount of P963,266.00 representing overpaid withholding tax on royalty payments.
RULING
For SC Johnson & Son, Inc.
Imposing the 10 percent tax will go against the purpose of the treaties which the Philippines has entered into for the avoidance of double taxation. Double taxation usually takes place when a person is resident of a contracting state and derives income from, or owns capital in, the other contracting state and both states impose tax on that income or capital.
In order to eliminate double taxation, a tax treaty resorts to several methods. In negotiating tax treaties, the underlying rationale for reducing the tax rate is that the Philippines will give up a part of the tax in the expectation that the tax given up for this particular investment is not taxed by the other country.
