Junket gaming operators subject to income tax not franchise tax, CTA declares
By Jun Ramirez
The Court of Tax Appeals (CTA) has junked the petition of a junket gaming operator to get back more than P14 million income tax it paid in 2015.
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The Prime Investment Korea, Inc. of Roxas Blvd., Pasay City argued it was only subject to the lower five percent franchise tax when it signed with the Philippine Amusement and Gaming Corporation to hold the junket gaming operations at the latter's Casino Filipino-Midas in Pasay City.
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But the court's First Division stated that franchise and corporate income tax on gaming are two different issues.
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It said that income from gaming operations is subject to lower five percent franchise tax, but earnings from other related activities like junket gaming operation are subject to 30 percent income tax.
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"Income from junket operations shall not be included as part of the income subject to franchise tax, but the same shall be considered as separate income subject to income tax under Section 14 (5) of Presidential Decree 1869," the 15-page resolution read.
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It added that "it is a cardinal in the statutory construction that when the law is clear from any ambiguity there is no room for interpretation, but only a room for application," said CTA Presiding Justice Ramon Del Rosario who penned the verdict.
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Junket gaming operators refer to individuals, or companies who lure foreign high rollers to come here, promising them free transportation, hotel accommodations and other perks.