Part IV

What Privileges Does A Cooperative Have Under The New Cooperative Code?

The coop manager must know the many benefits accruing to cooperatives under the new law. By knowing these privileges, the manager can save the cooperative a lot of money. Cooperative privileges include tax exemption, general privileges accorded to all cooperatives, and special privileges granted to specific types of cooperatives.

For instance, a cooperative which does not transact business with non-members or the general public are exempted from government taxes or fees imposed under the Internal Revenue Laws and other laws.

If a cooperative transacts business with both the general public and its members, it is nevertheless exempted from paying taxes on the transaction made with its members.

Even then, coops which transact business with the general public still enjoy very liberal tax exemptions.

Coops with accumulated reserves and undivided net savings of not more than P10 million are exempt from national, city, provincial, municipal or barangay taxes. They are exempt from customs duties , advance sales or compensating taxes on importation of machineries and spare parts which are not available locally as long as the Department of Trade and Industry certifies it so.

Even coops with more than P10 million accumulated reserves and undivided net savings are exempt from paying income and sales taxes on sales to members for a period of at least 10 years from registration.

Donations to charitable, research and educational institutions and reinvestment in socio-economic projects are also tax deductible.

Transactions with banks and insurance companies are exempted from paying local taxes.

Judges who are ex-officio notaries public will give free service to coops related to registration and instrument of loan not exceeding P50,000.00.

Register of deeds will register for free any instrument of a coop relative to loan not exceeding P50,000.00.

Coops are exempt from paying court and sheriffs fees. Coops are exempt from putting up a bond when it makes a court appeal.

Securities issued by coops are exempt from the provisions of the Securities Act as long as these securities are not speculative.


What Are The General Privileges Enjoyed By Cooperatives?

These privileges are:
Three right to deposit their valuable in government offices free of charge with the government official acting as custodian of such valuables.
Free use of space, when the cooperative members are government employees, in the same government office.
Special types of coops like cold storage, electricity, transport and similar services can open their membership to all persons qualified in their areas of operation.
The preferential right to supply government offices with their produce, in the allocation of fertilizer and rice distribution, use of butteries for shipment of their goods, and in the management of public markets.
Entitlement to loans, credit line, and rediscounting of notes with government financial institution like PNB, Land Bank and DBP.
Exemption from prequalification requirements when bidding for a government project.
The right to be represented by the provincial or city fiscal or the Office of the Solicitor general, free of charge in legal suits.