Philippines court orders Bloomberry to pay US$880k in tax

Bloomberry Resorts has been ordered to pay documentary stamp taxes (DST) over loans to foreign affiliates.

The Philippines.- The Philippines Court of Tax Appeals has ordered Bloomberry Resorts Corporation to pay PHP49m (US$880,000) in documentary stamp tax (DST). It ruled that loans and advances provided by Bloomberry Resorts to non-resident foreign affiliate companies should have been subject to the DST under the Philippines’ Tax Code.

The loans in question were extended to Solaire Korea Co and Golden & Luxury Co. Bloomberry Resorts had contested the applicability of the tax, arguing that the loans and advances were exempt as the recipient corporations were not residents of the Philippines and not obliged to pay the tax. 

However, the court ruled that the companies’ involvement as the obligee categorised the transactions as originating from Philippine sources under Section 173. Consequently, the loans and advances were deemed to involve an “obligation or right arising from Philippine sources” regardless of the non-resident status of the companies involved.

Bloomberry recently announced that the appellate division of the New York Supreme Court had upheld a previous order to dismiss a civil suit filed against one of Bloomberry’s units by the Bangladesh Bank. The court ruled that the case lacked jurisdiction.

The lawsuit stemmed from a May 2020 civil subpoena received by Bloomberry entities in September of that year. That was in connection with another case in the United States related to an online theft from Bangladesh Bank in 2016 that resulted in the alleged transfer of US$81m, with some of the funds believed to have been channelled through Philippine casinos, including Solaire.