Fishing port exempted from real property tax — SC
MANILA, Philippines – The Supreme Court (SC) set aside the decision of the Court of Tax Appeals (CTA) and declared the Lucena Fishing Port Complex exempted from real property tax imposed by the City of Lucena.
The SC’s second division granted the petition for review of the Philippine Fisheries Development Authority (PFDA), assailing the decision dated May 9, 2007 of the Court of Tax Appeals (CTA).
In a decision penned by Associate Justice Antonio Carpio, the SC said “The ruling of the Court of Tax Appeals is anchored on the wrong premise that the PFDA is a government-owned or controlled corporation.
On the contrary, this court has already ruled that the PFDA is a government instrumentality and not a government-owned or controlled corporation.”
The SC also declared void all the real property tax assessments issued by the City of Lucena on the Lucena Fishing Port Complex managed bythe Philippine Fisheries Development Authority, except for the portions that the Philippine Fisheries Development Authority has leased to private parties.
It was recalled that the CTA affirmed the 2005 decision of the Central Board of Assessment Appeals (CBAA), ordering PFDA to pay the real property taxes imposed by the City Government of Lucena on the Lucena Fishing Port Complex.
The records show that the Lucena Fishing Port Complex (LFPC) is one of the fishery infrastructure projects undertaken by the national government under the Nationwide Fish Port-Package.
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