General professional partnerships (GPPs) are not included among the persons or entities that are required to present a tax exemption certificate or ruling pursuant to Revenue Memorandum Circular No. (RMC) 8-2014 in order to be exempt from creditable withholding tax on income payments they receive.
Under RMC 8-2014, all entities or persons claiming exemption are required to provide a copy of their valid, current and subsisting exemption certificate or ruling. Failure on the part of the taxpayer to present the tax exemption certificate or ruling shall subject him to the payment of appropriate withholding taxes due on the transaction.
The BIR clarified that under RMC 03-2012, income payments made to GPPs in consideration of their professional services are not subject to income tax and, consequently, to withholding tax prescribed in RR 2-98, as amended. Hence, the requirement to present a tax exemption certificate or ruling does not apply to GPPs.
Revenue Memorandum Circular No. 60-2014, July 24, 2014
Punongbayan and Araullo