9. Income Tax, Expanded Withholding Tax

(10%)
Weber Realty Company which owns a three-hectare land in Antipolo entered into a Joint Venture Agreement (JVA) with Prime Development Company for the development of said parcel of land. Weber Realty as owner of the land contributed the land to the Joint Venture and Prime Development agreed to develop the same into a residential subdivision and construct residential houses thereon. They agreed that they would divide the lots between them.

a) Does the JVA entered into by and between Weber and Prime create a separate taxable entity? Explain briefly.

b) Are the allocation and distribution of the saleable lots to Weber and Prime subject to income tax and to expanded withholding tax? Explain briefly.

c) Is the sale by Weber or Prime of their respective shares in the saleable lots to third parties subject to income tax and to expanded withholding tax? Explain briefly.